BILL REQ. #: H-3812.1
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/15/2004. Referred to Committee on Agriculture & Natural Resources.
AN ACT Relating to allowing property owners to acquire access to landlocked parcels across public lands; amending RCW 79.38.040; adding a new section to chapter 79.38 RCW; adding a new section to chapter 79A.05 RCW; and adding a new section to chapter 43.300 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 79.38.040 and 2003 c 334 s 501 are each amended to
read as follows:
Except as provided in section 2 of this act, whenever the
department finds that it is ((for)) in the best interest of the state
and ((where)) when the rights acquired by the state will permit, the
department may grant permits for the use of access roads to any person.
Any permit issued under the authority of this section shall be subject
to reasonable regulation by the department. Such regulation shall
include, but is not limited to, the following matters:
(1) Requirements for construction, reconstruction, maintenance, and
repair;
(2) Limitations as to extent and time of use;
(3) Provision for revocation at the discretion of the department;
and
(4) Charges for use.
NEW SECTION. Sec. 2 A new section is added to chapter 79.38 RCW
to read as follows:
(1) Any owner or any person entitled to the beneficial use of
private land that is completely surrounded by state-owned land may
obtain a permit to use, improve, or construct an access road or roads
across state-owned land when:
(a) The state-owned land surrounding the private land is
administered, managed, or operated by the department, the department of
fish and wildlife, or the state parks and recreation commission;
(b) No right of way on, across, over, or through the private land
or the land of another exists for means of ingress to and egress from
the private land; and
(c) Use, improvement, or construction of an access road across the
state-owned land administered, managed, or operated by the department,
the department of fish and wildlife, or the state parks and recreation
commission is necessary to provide ingress to and egress from the
private land.
(2) The owner or person entitled to the beneficial use of private
land seeking a permit according to subsection (1) of this section shall
request in writing the use of an existing access road or roads or the
authority to improve or construct an access road or roads. Any of the
three state agencies receiving such a request may request reasonable
documentation from the owner or person entitled to the beneficial use
of private land to demonstrate that the requirements of subsection (1)
of this section have been satisfied. When the documentation
demonstrates that the requirements of subsection (1) of this section
have been satisfied, any of the three state agencies receiving such a
request shall:
(a) Issue a permit to the owner or person entitled to the
beneficial use of land to use an existing access road or roads;
(b) Issue a permit to improve an existing access road or roads or
to construct a new access road or roads; or
(c) Agree in writing to improve an existing access road or roads or
to construct a new access road or roads and then to issue a permit
allowing use of the road or roads to the owner or person entitled to
the beneficial use of land.
(3) A permit issued under the authority of this section is subject
to reasonable regulation. The regulation includes but is not limited
to:
(a) Requirements for construction, reconstruction, maintenance, and
repair; and
(b) Payment or reimbursement of costs associated with construction,
reconstruction, maintenance, and repair.
NEW SECTION. Sec. 3 A new section is added to chapter 79A.05 RCW
to read as follows:
The commission is subject to the requirements of section 2 of this
act.
NEW SECTION. Sec. 4 A new section is added to chapter 43.300 RCW
to read as follows:
The department is subject to the requirements of section 2 of this
act.