SUBSTITUTE HOUSE BILL 2457






                        52nd Legislature

                      1992 Regular Session

Passed by the House March 7, 1992

  Yeas 94   Nays 2




Speaker of the

       House of Representatives


Passed by the Senate March 3, 1992

  Yeas 44   Nays 1



I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2457 as passed by the House of Representatives and the Senate on the dates hereon set forth.




President of the Senate

                               Chief Clerk



Approved Place Style On Codes above, and Style Off Codes below.





Governor of the State of Washington

                        Secretary of State

                       State of Washington



                            SUBSTITUTE HOUSE BILL 2457



                             AS AMENDED BY THE SENATE


                     Passed Legislature - 1992 Regular Session


State of Washington              52nd Legislature             1992 Regular Session


By House Committee on Agriculture & Rural Development (originally sponsored by Representatives Chandler, Rayburn, McLean, Rasmussen, Neher, Nealey, Hochstatter, Lisk, Morton, D. Sommers, Kremen, Ballard, Van Luven, Prentice, R. Johnson, Edmondson and Bray)


Read first time 02/07/92.  Changing restrictions on agricultural nuisances.

     AN ACT Relating to agricultural nuisances; and amending RCW 7.48.305 and 46.61.655.




     Sec. 1.  RCW 7.48.305 and 1979 c 122 s 2 are each amended to read as follows:

     Notwithstanding any other provision of this chapter, agricultural activities conducted on farmland, if consistent with good agricultural practices and established prior to surrounding nonagricultural activities, are  presumed to be reasonable and ((do)) shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on the public health and safety.

     If that agricultural activity is undertaken in conformity with federal, state, and local laws and regulations, it is presumed to be good agricultural practice and not adversely affecting the public health and safety.  An agricultural activity that is in conformity with such laws and rules shall not be restricted as to the hours of the day or day or days of the week during which it may be conducted.

     Nothing in this section shall affect or impair any right to sue for damages.


     Sec. 2.  RCW 46.61.655 and 1990 c 250 s 56 are each amended to read as follows:

     (1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction.  Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.

     (2) No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.

     (3) Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage.  Covering of such loads is not required if six inches of freeboard is maintained within the bed.

     (4) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.

     (5) The state patrol may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions.

     (6) Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.

     (7) This section does not apply to waste products falling from vehicles hauling live farm animals when crossing a ferry capable only of transporting fewer than twenty-five vehicles.