BILL REQ. #: Z-0245.1
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/19/2005. Referred to Committee on Natural Resources, Ocean & Recreation.
AN ACT Relating to recodification of aquatic lands statutes; amending RCW 79.90.080, 79.90.090, 79.90.100, 79.90.105, 79.90.110, 79.90.120, 79.90.130, 79.90.150, 79.90.160, 79.90.170, 79.90.180, 79.90.190, 79.90.200, 79.90.210, 79.90.215, 79.90.220, 79.90.230, 79.90.240, 79.90.245, 79.90.250, 79.90.260, 79.90.270, 79.90.280, 79.90.290, 79.90.300, 79.90.310, 79.90.320, 79.90.325, 79.90.330, 79.90.340, 79.90.350, 79.90.360, 79.90.370, 79.90.390, 79.90.400, 79.90.410, 79.90.450, 79.90.455, 79.90.456, 79.90.457, 79.90.460, 79.90.470, 79.90.475, 79.90.480, 79.90.485, 79.90.490, 79.90.500, 79.90.505, 79.90.515, 79.90.520, 79.90.535, 79.90.540, 79.90.545, 79.90.550, 79.90.555, 79.90.560, 79.90.565, 79.90.575, 79.90.580, 79.91.010, 79.91.020, 79.91.030, 79.91.040, 79.91.050, 79.91.060, 79.91.070, 79.91.080, 79.91.090, 79.91.100, 79.91.110, 79.91.120, 79.91.130, 79.91.140, 79.91.150, 79.91.160, 79.91.170, 79.91.180, 79.91.190, 79.91.200, 79.91.210, 79.92.010, 79.92.020, 79.92.030, 79.92.035, 79.92.060, 79.92.070, 79.92.080, 79.92.090, 79.92.100, 79.92.110, 79.93.010, 79.93.020, 79.93.030, 79.93.040, 79.93.050, 79.93.060, 79.94.020, 79.94.030, 79.94.040, 79.94.050, 79.94.060, 79.94.070, 79.94.080, 79.94.090, 79.94.100, 79.94.110, 79.94.120, 79.94.130, 79.94.140, 79.94.150, 79.94.160, 79.94.170, 79.94.175, 79.94.181, 79.94.185, 79.94.220, 79.94.230, 79.94.240, 79.94.250, 79.94.260, 79.94.270, 79.94.280, 79.94.290, 79.94.300, 79.94.310, 79.94.320, 79.94.330, 79.94.390, 79.94.400, 79.94.410, 79.94.420, 79.94.430, 79.94.440, 79.95.010, 79.95.020, 79.95.030, 79.95.040, 79.95.050, 79.95.060, 79.96.010, 79.96.020, 79.96.030, 79.96.040, 79.96.050, 79.96.060, 79.96.070, 79.96.080, 79.96.085, 79.96.090, 79.96.100, 79.96.110, 79.96.120, 79.96.130, 79.96.210, 79.96.230, 79.96.906, 79.97.010, 79.97.020, 79.97.030, 79.97.050, and 79.97.060; reenacting and amending RCW 79.94.210 and 79.96.220; adding a new section to chapter 43.30 RCW; adding new chapters to Title 79 RCW; creating new sections; recodifying RCW 79.90.450, 79.90.455, 79.90.545, 79.90.546, 79.90.090, 79.90.100, 79.90.120, 79.90.410, 79.90.370, 79.90.245, 79.90.400, 79.94.170, 79.90.460, 79.90.470, 79.90.480, 79.90.485, 79.90.490, 79.90.500, 79.90.505, 79.90.510, 79.90.515, 79.90.520, 79.90.525, 79.90.530, 79.90.535, 79.90.540, 79.90.457, 79.90.580, 79.90.475, 79.90.105, 79.90.550, 79.90.555, 79.90.560, 79.90.565, 79.90.900, 79.90.901, 79.90.902, 79.90.080, 79.91.010, 79.91.020, 79.91.030, 79.91.040, 79.91.050, 79.91.060, 79.91.070, 79.91.080, 79.91.090, 79.91.100, 79.91.110, 79.91.120, 79.91.130, 79.91.140, 79.91.150, 79.90.575, 79.91.160, 79.91.170, 79.91.180, 79.91.190, 79.91.200, 79.91.210, 79.91.900, 79.92.010, 79.92.020, 79.92.030, 79.92.035, 79.90.390, 79.92.060, 79.92.070, 79.92.080, 79.92.090, 79.92.100, 79.92.110, 79.92.900, 79.93.010, 79.93.020, 79.93.030, 79.93.040, 79.93.050, 79.93.060, 79.93.900, 79.94.330, 79.94.020, 79.94.030, 79.94.040, 79.90.110, 79.94.050, 79.94.060, 79.94.100, 79.94.110, 79.94.130, 79.94.140, 79.94.150, 79.94.090, 79.94.290, 79.94.270, 79.90.250, 79.90.260, 79.90.270, 79.90.280, 79.90.350, 79.94.080, 79.94.320, 79.90.360, 79.94.070, 79.94.280, 79.94.120, 79.94.300, 79.94.310, 79.94.210, 79.94.260, 79.94.220, 79.94.230, 79.94.240, 79.94.250, 79.90.170, 79.90.180, 79.90.190, 79.90.200, 79.90.210, 79.90.215, 79.90.220, 79.90.230, 79.90.240, 79.94.160, 79.94.175, 79.94.181, 79.94.185, 79.94.390, 79.94.400, 79.94.410, 79.94.420, 79.94.430, 79.94.440, 79.94.450, 79.94.900, 79.95.010, 79.95.020, 79.95.030, 79.95.040, 79.95.050, 79.95.060, 79.90.458, 79.95.900, 79.90.570, 79.96.120, 79.96.130, 79.90.495, 79.96.010, 79.96.020, 79.96.030, 79.96.040, 79.96.050, 79.96.060, 79.96.070, 79.96.140, 79.96.080, 79.96.085, 79.96.906, 79.96.090, 79.96.100, 79.96.110, 79.96.200, 79.96.210, 79.96.220, 79.96.230, 79.96.901, 79.96.902, 79.96.903, 79.96.904, 79.96.905, 79.90.130, 79.90.150, 79.90.160, 79.90.290, 79.90.300, 79.90.310, 79.90.320, 79.90.325, 79.90.330, 79.90.340, 79.97.010, 79.97.020, 79.97.030, 79.97.040, 79.97.050, 79.97.060, and 79.97.900; and repealing RCW 79.90.010, 79.90.015, 79.90.020, 79.90.025, 79.90.030, 79.90.035, 79.90.040, 79.90.045, 79.90.050, 79.90.055, 79.90.060, 79.90.065, 79.90.070, 79.90.380, 79.90.465, 79.93.070, and 79.94.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 The purpose of sections 102, 144, and 151
of this act and RCW 79.90.450 through 79.90.545 (as recodified by this
act) is to articulate a management philosophy to guide the exercise of
the state's ownership interest and the exercise of the department's
management authority, and to establish standards for determining
equitable and predictable lease rates for users of state-owned aquatic
lands.
NEW SECTION. Sec. 102 The definitions in this section apply
throughout chapters 79.90 through 79.97 RCW (as recodified by this act)
unless the context clearly requires otherwise.
(1) "Aquatic lands" means all tidelands, shorelands, harbor areas,
and the beds of navigable waters.
(2) "Beds of navigable waters" means those lands lying waterward of
and below the line of navigability on rivers and lakes not subject to
tidal flow, or extreme low tide mark in navigable tidal waters, or the
outer harbor line where harbor area has been created.
(3) "First-class shorelands" means the shores of a navigable lake
or river belonging to the state, not subject to tidal flow, lying
between the line of ordinary high water and the line of navigability,
or inner harbor line where established and within or in front of the
corporate limits of any city or within two miles of either side.
(4) "First-class tidelands" means the shores of navigable tidal
waters belonging to the state, lying within or in front of the
corporate limits of any city, or within one mile of either side and
between the line of ordinary high tide and the inner harbor line; and
within two miles of the corporate limits on either side and between the
line of ordinary high tide and the line of extreme low tide.
(5) "Harbor area" means the area of navigable waters determined as
provided in Article XV, section 1 of the state Constitution, which
shall be forever reserved for landings, wharves, streets, and other
conveniences of navigation and commerce.
(6) "Improvements" when referring to state-owned aquatic lands
means anything considered a fixture in law placed within, upon, or
attached to aquatic lands that has changed the value of those lands, or
any changes in the previous condition of the fixtures that changes the
value of the land.
(7) "Inflation rate" means for a given year the percentage rate of
change in the previous calendar year's all commodity producer price
index of the bureau of labor statistics of the United States department
of commerce. If the index ceases to be published, the department shall
designate by rule a comparable substitute index.
(8) "Inner harbor line" means a line located and established in
navigable waters between the line of ordinary high tide or ordinary
high water and the outer harbor line, constituting the inner boundary
of the harbor area.
(9) "Log booming" means placing logs into and taking them out of
the water, assembling and disassembling log rafts before or after their
movement in water-borne commerce, related handling and sorting
activities taking place in the water, and the temporary holding of logs
to be taken directly into a processing facility. "Log booming" does
not include the temporary holding of logs to be taken directly into a
vessel.
(10) "Log storage" means the water storage of logs in rafts or
otherwise prepared for shipment in water-borne commerce, but does not
include the temporary holding of logs to be taken directly into a
vessel or processing facility.
(11) "Nonwater-dependent use" means a use that can operate in a
location other than on the waterfront. Examples include, but are not
limited to, hotels, condominiums, apartments, restaurants, retail
stores, and warehouses not part of a marine terminal or transfer
facility.
(12) "Outer harbor line" means a line located and established in
navigable waters as provided in Article XV, section 1 of the state
Constitution, beyond which the state shall never sell or lease any
rights whatever to private persons.
(13) "Person" means any private individual, partnership,
association, organization, cooperative, firm, corporation, the state or
any agency or political subdivision thereof, any public or municipal
corporation, or any unit of government, however designated.
(14) "Port district" means a port district created under Title 53
RCW.
(15) "Public utility lines" means pipes, conduits, and similar
facilities for distribution of water, electricity, natural gas,
telephone, other electronic communication, and sewers, including sewer
outfall lines.
(16) "Real rate of return" means the average for the most recent
ten calendar years of the average rate of return on conventional real
property mortgages as reported by the federal home loan bank board or
any successor agency, minus the average inflation rate for the most
recent ten calendar years.
(17) "Second-class shorelands" means the shores of a navigable lake
or river belonging to the state, not subject to tidal flow, lying
between the line of ordinary high water and the line of navigability,
and more than two miles from the corporate limits of any city.
(18) "Second-class tidelands" means the shores of navigable tidal
waters belonging to the state, lying outside of and more than two miles
from the corporate limits of any city, and between the line of ordinary
high tide and the line of extreme low tide.
(19) "Shorelands," where not preceded by "first-class" or
"second-class," means both first-class shorelands and second-class
shorelands.
(20) "State-owned aquatic lands" means all tidelands, shorelands,
harbor areas, the beds of navigable waters, and waterways owned by the
state and administered by the department or managed under RCW 79.90.475
(as recodified by this act) by a port district. "State-owned aquatic
lands" does not include aquatic lands owned in fee by, or withdrawn for
the use of, state agencies other than the department.
(21) "Terminal" means a point of interchange between land and water
carriers, such as a pier, wharf, or group of such, equipped with
facilities for care and handling of either cargo or passengers, or
both.
(22) "Tidelands," where not preceded by "first-class" or
"second-class," means both first-class tidelands and second-class
tidelands.
(23) "Valuable materials" when referring to state-owned aquatic
lands means any product or material within or upon lands, such as
forest products, forage, stone, gravel, sand, peat, agricultural crops,
and all other materials of value except mineral, coal, petroleum, and
gas as provided for under chapter 79.14 RCW. However, RCW 79.90.330
and 79.90.340 (as recodified by this act) also apply to materials
provided for under chapter 79.14 RCW.
(24) "Water-dependent use" means a use that cannot logically exist
in any location but on the water. Examples include, but are not
limited to: Water-borne commerce; terminal and transfer facilities;
ferry terminals; watercraft sales in conjunction with other
water-dependent uses; watercraft construction, repair, and maintenance;
moorage and launching facilities; aquaculture; log booming; and public
fishing piers and parks.
(25) "Water-oriented use" means a use that historically has been
dependent on a waterfront location, but with existing technology could
be located away from the waterfront. Examples include, but are not
limited to, wood products manufacturing, watercraft sales, fish
processing, petroleum refining, sand and gravel processing, log
storage, and house boats. For the purposes of determining rent under
this chapter, water-oriented uses shall be classified as
water-dependent uses if the activity either is conducted on state-owned
aquatic lands leased on October 1, 1984, or was actually conducted on
the state-owned aquatic lands for at least three years before October
1, 1984. If, after October 1, 1984, the activity is changed to a use
other than a water-dependent use, the activity shall be classified as
a nonwater-dependent use. If continuation of the existing use requires
leasing additional state-owned aquatic lands and is permitted under the
shoreline management act of 1971, chapter 90.58 RCW, the department may
allow reasonable expansion of the water-oriented use.
Sec. 103 RCW 79.90.080 and 1982 1st ex.s. c 21 s 14 are each
amended to read as follows:
The board ((of natural resources)) acting as the harbor line
commission shall keep a full and complete record of its proceedings
relating to the establishment of harbor lines and the determination of
harbor areas. The board shall have the power from time to time to make
and enforce rules ((and regulations)) for the carrying out of the
provisions of chapters 79.90 through 79.96 RCW (as recodified by this
act) relating to its duties not inconsistent with law.
Sec. 104 RCW 79.90.090 and 1982 1st ex.s. c 21 s 15 are each
amended to read as follows:
The department ((of natural resources)) shall prepare, and furnish
to applicants, blank forms of applications for the purchase of state-owned tidelands or shorelands ((belonging to the state)), otherwise
permitted by RCW 79.94.150 (as recodified by this act) to be sold, and
the purchase of valuable material situated thereon, and the lease of
state-owned tidelands, shorelands, and harbor areas ((belonging to the
state)), which forms shall contain such instructions as will inform and
aid the applicants.
Sec. 105 RCW 79.90.100 and 1982 1st ex.s. c 21 s 16 are each
amended to read as follows:
Any person desiring to purchase any ((tide or shore lands belonging
to the)) state-owned tidelands or shorelands, otherwise permitted under
RCW 79.94.150 (as recodified by this act) to be sold, or to purchase
any valuable material situated thereon, or to lease any state-owned
aquatic lands, shall file with the department ((of natural resources))
an application, on the proper form which shall be accompanied by
reasonable fees to be prescribed by the board ((of natural resources))
in its rules ((and regulations)), in an amount sufficient to defray the
cost of performing or otherwise providing for the processing, review,
or inspection of the applications or activities permitted pursuant to
the applications for each category of services performed. These fees
shall be credited to the resource management cost account (((RMCA)))
fund in the general fund.
Sec. 106 RCW 79.90.105 and 2002 c 304 s 1 are each amended to
read as follows:
(1) The abutting residential owner to state-owned shorelands,
tidelands, or related beds of navigable waters, other than harbor
areas, may install and maintain without charge a dock on ((such)) the
areas if used exclusively for private recreational purposes and the
area is not subject to prior rights, including any rights of upland,
tideland, or shoreland owners as provided in RCW 79.94.070, 79.94.260,
79.94.280, and 79.95.010 (as recodified by this act). The dock cannot
be sold or leased separately from the upland residence. The dock
cannot be used to moor boats for commercial or residential use. This
permission is subject to applicable local, state, and federal rules and
regulations governing location, design, construction, size, and length
of the dock. Nothing in this subsection (1) prevents the abutting
owner from obtaining a lease if otherwise provided by law.
(2) The abutting residential owner to state-owned shorelands,
tidelands, or related beds of navigable waters, other than harbor
areas, may install and maintain a mooring buoy without charge if the
boat that is moored to the buoy is used for private recreational
purposes, the area is not subject to prior rights, including any rights
of upland, tideland, or shoreland owners as provided in RCW 79.94.070,
79.94.260, 79.94.280, and 79.95.010 (as recodified by this act), and
the buoy will not obstruct the use of mooring buoys previously
authorized by the department.
(a) The buoy must be located as near to the upland residence as
practical, consistent with applicable rules and regulations and the
provisions of this section. The buoy must be located, or relocated if
necessary, to accommodate the use of lawfully installed and maintained
buoys.
(b) If two or more residential owners, who otherwise qualify for
free use under the provisions of this section, are in dispute over
assertion of rights to install and maintain a mooring buoy in the same
location, they may seek formal settlement through adjudication in
superior court for the county in which the buoy site is located. In
the adjudication, preference must be given to the residential owner
that first installed and continually maintained and used a buoy on that
site, if it meets all applicable rules, regulations, and provisions of
this section, and then to the owner of the residential property nearest
the site. Nothing in this section requires the department to mediate
or otherwise resolve disputes between residential owners over the use
of the same site for a mooring buoy.
(c) The buoy cannot be sold or leased separately from the abutting
residential property. The buoy cannot be used to moor boats for
commercial or residential use, nor to moor boats over sixty feet in
length.
(d) If the department determines that it is necessary for secure
moorage, the abutting residential owner may install and maintain a
second mooring buoy, under the same provisions as the first, the use of
which is limited to a second mooring line to the boat moored at the
first buoy.
(e) The permission granted in this subsection (2) is subject to
applicable local, state, and federal rules and regulations governing
location, design, installation, maintenance, and operation of the
mooring buoy, anchoring system, and moored boat. Nothing in this
subsection (2) prevents a boat owner from obtaining a lease if
otherwise provided by law. This subsection (2) also applies to areas
that have been designated by the commissioner ((of public lands)) or
the fish and wildlife commission as aquatic reserves.
(3) This permission to install and maintain a recreational dock or
mooring buoy may be revoked by the department, or the department may
direct the owner of a recreational dock or mooring buoy to relocate
their dock or buoy, if the department makes a finding of public
necessity to protect waterward access, ingress rights of other
landowners, public health or safety, or public resources.
Circumstances prompting a finding of public necessity may include, but
are not limited to, the dock, buoy, anchoring system, or boat posing a
hazard or obstruction to navigation or fishing, contributing to
degradation of aquatic habitat, or contributing to decertification of
shellfish beds otherwise suitable for commercial or recreational
harvest. The revocation may be appealed as provided for under RCW
79.90.400 (as recodified by this act).
(4) Nothing in this section authorizes a boat owner to abandon a
vessel at a recreational dock, mooring buoy, or elsewhere.
Sec. 107 RCW 79.90.110 and 1982 1st ex.s. c 21 s 17 are each
amended to read as follows:
In no case shall any state-owned tidelands or shorelands
((belonging to the state)), otherwise permitted under RCW 79.94.150 (as
recodified by this act) to be sold, ((or any valuable materials
situated within or upon any tidelands, shorelands or beds of navigable
waters belonging to the state,)) be offered for sale unless the ((same
shall)) lands have been appraised by the department ((of natural
resources)) within ninety days prior to the date fixed for the sale.
Sec. 108 RCW 79.90.120 and 1982 1st ex.s. c 21 s 18 are each
amended to read as follows:
The department ((of natural resources)) may cause any state-owned
aquatic lands to be surveyed for the purpose of ascertaining and
determining the area subject to sale or lease.
Sec. 109 RCW 79.90.130 and 1991 c 322 s 24 are each amended to
read as follows:
The department is authorized and empowered to confer with and enter
into any agreements with the public authorities of the state of Oregon,
which in the judgment of the department will assist the state of
Washington and the state of Oregon in securing the maximum revenues for
sand, gravel, or other valuable materials taken from the bed of the
Columbia river where ((said)) the river forms the boundary line between
((said)) the states.
Sec. 110 RCW 79.90.150 and 2003 c 39 s 41 are each amended to
read as follows:
When gravel, rock, sand, silt, or other material from any state-owned aquatic lands is removed by any public agency or under public
contract for channel or harbor improvement, or flood control, use of
((such)) the material may be authorized by the department ((of natural
resources)) for a public purpose on land owned or leased by the state
or any municipality, county, or public corporation((: PROVIDED,
That)). However, when no public land site is available for deposit of
((such)) the material, its deposit on private land with the landowner's
permission is authorized and may be designated by the department ((of
natural resources)) to be for a public purpose. Prior to removal and
use, the state agency, municipality, county, or public corporation
contemplating or arranging ((such)) the use shall first obtain written
permission from the department ((of natural resources)). No payment of
royalty shall be required for ((such)) the gravel, rock, sand, silt, or
other material used for ((such)) the public purpose, but a charge will
be made if ((such)) the material is subsequently sold or used for some
other purpose((: PROVIDED, That)). Further, the department may
authorize ((such)) the public agency or private landowner to dispose of
((such)) the material without charge when necessary to implement
disposal of material. No charge shall be required for any use of the
material obtained under the provisions of this chapter when used solely
on an authorized site. No charge shall be required for any use of the
material obtained under the provisions of this chapter if the material
is used for public purposes by local governments. Public purposes
include, but are not limited to, construction and maintenance of roads,
dikes, and levies. Nothing in this section shall repeal or modify the
provisions of RCW 77.55.100 or eliminate the necessity of obtaining a
permit for ((such)) the removal from other state or federal agencies as
otherwise required by law.
Sec. 111 RCW 79.90.160 and 2000 c 13 s 2 are each amended to read
as follows:
(1) The legislature finds and declares that, due to the
extraordinary volume of material washed down onto ((state-owned)) beds
of navigable waters and shorelands in the Toutle river, Coweeman river,
and portions of the Cowlitz river, the dredge spoils placed upon
adjacent publicly and privately owned property in ((such)) the areas,
if further disposed, will be of nominal value to the state and that it
is in the best interests of the state to allow further disposal without
charge.
(2) All dredge spoil or materials removed from the state-owned beds
and shores of the Toutle river, Coweeman river, and that portion of the
Cowlitz river from two miles above the confluence of the Toutle river
to its mouth deposited on adjacent public and private lands during the
years 1980 through December 31, 1995, as a result of dredging of these
rivers for navigation and flood control purposes may be sold,
transferred, or otherwise disposed of by owners of ((such)) the lands
without the necessity of any charge by the department ((of natural
resources)) and free and clear of any interest of the department ((of
natural resources)) of the state of Washington.
Sec. 112 RCW 79.90.170 and 1982 1st ex.s. c 21 s 23 are each
amended to read as follows:
(1) When the department ((of natural resources shall have decided))
decides to sell any state-owned tidelands or shorelands ((belonging to
the state)), otherwise permitted by RCW 79.94.150 (as recodified by
this act) to be sold, ((or any valuable materials situated within or
upon any aquatic lands,)) it shall be the duty of the department to
((forthwith)) fix the date, place, and the time of sale, and no sale
shall be had on any day which is a legal holiday.
(2) The department shall give notice of the sale by advertisement
published once a week for four consecutive weeks immediately preceding
the date fixed for sale in ((said)) the notice, in at least one
newspaper published and of general circulation in the county in which
the whole or any part of any lot, block, or tract of land to be sold
(((or the valuable materials thereon) is to be sold)) is situated, and
by causing a copy of ((said)) the notice to be posted in a conspicuous
place in the department's Olympia office and the ((area)) region
headquarters administering ((such)) the sale((, and in the office of
the county auditor of such county; which)).
(3) The notice shall: (a) Specify the place and time of sale((,));
(b) specify the appraised value ((thereof, and)); (c) describe with
particularity each parcel of land to be sold((, or from which valuable
materials are to be sold, and in the case of material sales the
estimated volume thereof,)); and (d) specify that the terms of sale
will be posted in the ((area)) region headquarters and the department's
Olympia office((: PROVIDED, That any sale of valuable material of an
appraised value of one thousand dollars or less may be sold directly to
the applicant for cash at the appraised value without notice or
advertising)).
Sec. 113 RCW 79.90.180 and 1982 1st ex.s. c 21 s 24 are each
amended to read as follows:
The department ((of natural resources)) shall ((cause to be
printed)) print a list of all state-owned tidelands and shorelands
((belonging to the state,)) otherwise permitted by RCW 79.94.150 (as
recodified by this act) to be sold, ((or valuable materials contained
within or upon aquatic lands, and the appraised value thereof, that are
to be sold in the several counties of the state, said)) giving
appraised value, character of the land, and other information as may be
of interest to prospective buyers. The lists ((to)) must be issued at
least four weeks prior to the date of any sale ((of the lands and
materials enumerated thereon, such materials to be listed under the
name of the county wherein located, in alphabetical order giving the
appraised values, the character of the same and such other information
as may be of interest to prospective buyers. Said department shall
cause to be distributed to the auditor of each county in the state a
sufficient number of such lists to supply the demands made upon them
respectively as reported by such auditors. And said county auditors
shall keep the list so furnished in a conspicuous place or receptacle
on the counter of the public office of their respective departments,
and, when requested so to do, shall mail copies of such lists to
residents of their counties)). The department shall retain for free
distribution in its office in Olympia and the ((area)) regional offices
sufficient copies of ((said)) the lists, to be kept in a conspicuous
place or receptacle on the counter of the general and regional office
of the department ((of natural resources, and the areas)), and, when
requested ((so do)) to do so, shall mail copies of ((said)) the list as
issued to any applicant ((therefor. Proof of publication of the notice
of sale shall be made by affidavit of the publisher, or person in
charge, of the newspaper publishing the same and proof of posting the
notice of sale and the receipt of the lists shall be made by
certificate of the county auditor which shall forthwith be sent to and
filed with the department of natural resources)).
Sec. 114 RCW 79.90.190 and 1982 1st ex.s. c 21 s 25 are each
amended to read as follows:
The department ((of natural resources)) is authorized to expend any
sum in additional advertising of ((such)) the sale as shall be
determined to be in the best interests of the state.
Sec. 115 RCW 79.90.200 and 1982 1st ex.s. c 21 s 26 are each
amended to read as follows:
((When sales are made by the county auditor, they shall take place
at such place on county property as the county legislative authority
may direct in the county in which the whole, or the greater part, of
each lot, block, or tract of land, or the material thereon, to be sold,
is situated. All other sales shall be held at the departmental area
offices having jurisdiction over the respective sales. All sales shall
be conducted between the hours of ten o'clock a.m. and four o'clock
p.m.))
Any sale ((which)) that has been offered, and for which there are
no bids received shall not be reoffered until it has been readvertised
as specified in RCW 79.90.170, 79.90.180, and 79.90.190 (as recodified
by this act). If all sales cannot be offered within the specified time
on the advertised date, the sale shall continue on the following day
between the hours of ten o'clock a.m. and four o'clock p.m.
Sec. 116 RCW 79.90.210 and 1990 c 163 s 1 are each amended to
read as follows:
All sales of state-owned tidelands and shorelands ((belonging to
the state,)) otherwise permitted by RCW 79.94.150 (as recodified by
this act) to be sold, shall be sold at public auction ((and all sales
of valuable materials shall be at public auction or by sealed bid)) to
the highest responsible bidder, on the terms prescribed by law and as
specified in the notice provided, and no land ((or materials)) shall be
sold for less than ((their)) the appraised value((: PROVIDED, That
when valuable material has been appraised at an amount not exceeding
one hundred thousand dollars, the department of natural resources, when
authorized by the board of natural resources, may arrange for the sale
at public auction of said valuable material and for its removal under
such terms and conditions as the department may prescribe, after the
department shall have caused to be published not less than ten days
prior to sale a notice of such sale in a newspaper of general
circulation located nearest to the property to be sold. However, any
sale of valuable material on aquatic lands of an appraised value of ten
thousand dollars or less may be sold directly to the applicant for cash
without notice or advertising)).
Sec. 117 RCW 79.90.215 and 2003 c 28 s 1 are each amended to read
as follows:
(1) To determine the "highest responsible bidder" under RCW
79.90.210 (as recodified by this act), the department ((of natural
resources)) shall be entitled to consider, in addition to price, the
following:
(a) The financial and technical ability of the bidder to perform
the contract;
(b) Whether the bid contains material defects;
(c) Whether the bidder has previously or is currently complying
with terms and conditions of any other contracts with the state or
relevant contracts with entities other than the state;
(d) Whether the bidder was the "highest responsible bidder" for a
sale within the previous five years but failed to complete the sale,
such as by not entering into a resulting contract or by not paying the
difference between the deposit and the total amount due. However,
sales that were bid prior to January 1, 2003, may not be considered for
the purposes of this subsection (1)(d);
(e) Whether the bidder has been convicted of a crime relating to
the public lands or natural resources of the state of Washington, the
United States, or any other state, tribe, or country, where
"conviction" shall include a guilty plea, or unvacated forfeiture of
bail;
(f) Whether the bidder is owned, controlled, or managed by any
person, partnership, or corporation that is not responsible under this
statute; and
(g) Whether the subcontractors of the bidder, if any, are
responsible under this statute.
(2) Whenever the department has reason to believe that the apparent
high bidder is not a responsible bidder, the department may award the
sale to the next responsible bidder or the department may reject all
bids pursuant to RCW 79.90.240 (as recodified by this act).
Sec. 118 RCW 79.90.220 and 1982 1st ex.s. c 21 s 28 are each
amended to read as follows:
(1) Sales by public auction under this chapter shall be conducted
under the direction of the department ((of natural resources,)) or by
its authorized representative ((or by the county auditor of the county
in which the sale is held)). The department's representatives ((and
the county auditor)) are ((hereinafter)) referred to as auctioneers.
(2) On or before the time specified in the notice of sale each
bidder shall deposit with the auctioneer, in cash or by certified
check, cashier's check, or postal money order payable to the order of
the department ((of natural resources)), or by bid guarantee in the
form of bid bond acceptable to the department, an amount equal to the
deposit specified in the notice of sale. The deposit shall include a
specified amount of the appraised price for the valuable materials
offered for sale, together with any fee required by law for the
issuance of contracts or bills of sale. ((Said)) The deposit may, when
prescribed in the notice of sale, be considered an opening bid of an
amount not less than the minimum appraised price established in the
notice of sale. The successful bidder's deposit will be retained by
the auctioneer and the difference, if any, between the deposit and the
total amount due shall on the day of the sale be paid in cash,
certified check, cashier's check, draft, postal money order, or by
personal check made payable to the department. If a bid bond is used,
the share of the total deposit due guaranteed by the bid bond shall,
within ten days of the day of sale, be paid in cash, certified check,
cashier's check, draft, or postal money order payable to the
department. Other deposits, if any, shall be returned to the
respective bidders at the conclusion of each sale.
(3) The auctioneer shall deliver to the purchaser a memorandum of
((his)) the purchase containing a description of the land or materials
purchased, the price bid, and the terms of the sale.
(4) The auctioneer shall at once send to the department the cash,
certified check, cashier's check, draft, postal money order, or bid
guarantee received from the purchaser, and a copy of the memorandum
delivered to the purchaser, together with such additional report of
((his)) the auctioneer's proceedings with reference to ((such)) the
sales as may be required by the department.
Sec. 119 RCW 79.90.230 and 1982 1st ex.s. c 21 s 29 are each
amended to read as follows:
If any tideland or shoreland, when otherwise permitted under RCW
79.94.150 ((to be sold)) (as recodified by this act), ((so)) offered
for sale ((be)) is not sold, ((the same)) it may again be advertised
for sale, as provided in this chapter, whenever in the opinion of the
department ((of natural resources)) it ((shall be)) is expedient ((so))
to do((, and such land shall be again advertised and offered for sale
as herein provided,)) so. Whenever any person ((shall apply)) applies
to the ((commissioner)) department in writing to have ((such)) the land
offered for sale and ((shall)) agrees to pay((,)) at least the
appraised value ((thereof)) of the land and ((shall)) deposits with the
department at the time of making ((such)) the application a sufficient
sum of money to pay the cost of advertising ((such)) the sale, the land
may be advertised again and offered for sale as provided in this
chapter.
Sec. 120 RCW 79.90.240 and 1990 c 163 s 3 are each amended to
read as follows:
(1) A sale of ((valuable materials or)) tidelands or shorelands
otherwise permitted by RCW 79.94.150 (as recodified by this act) to be
sold shall be confirmed if:
(a) No affidavit showing that the interest of the state in such
sale was injuriously affected by fraud or collusion, is filed with the
((commissioner of public lands)) department's Olympia office within ten
days from the receipt of the report of the auctioneer conducting the
sale;
(b) It ((shall)) appears from ((such)) the report that the sale was
fairly conducted, that the purchaser was the highest responsible bidder
at ((such)) the sale, and that the sale price is not less than the
appraised value of the property sold;
(c) The ((commissioner)) department is satisfied that the lands
((or material)) sold would not, upon being readvertised and offered for
sale, sell for a substantially higher price; and
(d) The payment required by law to be made at the time of making
the sale has been made, and that the best interests of the state ((may
be subserved thereby)) are being served.
(2) Upon confirming a sale, the ((commissioner)) department shall
enter upon ((his)) its records the confirmation of sale and
((thereupon)) issue to the purchaser a contract of sale or bill of sale
as the case may be, as is provided for in this chapter.
Sec. 121 RCW 79.90.245 and 2004 c 276 s 914 are each amended to
read as follows:
(1) After deduction for management costs as provided in RCW
79.64.040 and payments to towns under RCW 79.92.110(2) (as recodified
by this act), all moneys received by the state from the sale or lease
of state-owned aquatic lands and from the sale of valuable material
from state-owned aquatic lands shall be deposited in the aquatic lands
enhancement account which is hereby created in the state treasury.
After appropriation, these funds shall be used solely for aquatic lands
enhancement projects; for the purchase, improvement, or protection of
aquatic lands for public purposes; for providing and improving access
to ((such)) the lands; and for volunteer cooperative fish and game
projects.
(2) In providing grants for aquatic lands enhancement projects, the
department shall require grant recipients to incorporate the
environmental benefits of the project into their grant applications,
and the department shall utilize the statement of environmental
benefits in its prioritization and selection process. The department
shall also develop appropriate outcome-focused performance measures to
be used both for management and performance assessment of the grants.
To the extent possible, the department should coordinate its
performance measure system with other natural resource-related agencies
as defined in RCW 43.41.270. The department shall consult with
affected interest groups in implementing this section.
(3) During the fiscal biennium ending June 30, 2005, the funds may
be appropriated for boating safety, settlement costs for aquatic lands
cleanup, and shellfish management, enforcement, and enhancement.
Sec. 122 RCW 79.90.250 and 1982 1st ex.s. c 21 s 31 are each
amended to read as follows:
All state-owned tidelands and shorelands ((belonging to the
state)), otherwise permitted under RCW 79.94.150 (as recodified by this
act) to be sold, shall be sold on the following terms: One-tenth to be
paid on the date of sale; one-tenth to be paid one year from the date
of the issuance of the contract of sale; and one-tenth annually
thereafter until the full purchase price has been made; but any
purchaser may make full payment at any time. All deferred payments
shall draw interest at ((such)) the rate as may be fixed((, from time
to time,)) by rule adopted by the board ((of natural resources)), and
the rate of interest, as so fixed at the date of each sale, shall be
stated in all advertising for and notice of ((said)) the sale and in
the contract of sale. The first installment of interest shall become
due and payable one year after the date of the contract of sale and
((thereafter)) all interest shall become due and payable annually on
((said)) that date, and all remittances for payment of either principal
or interest shall be forwarded to the department ((of natural
resources)).
Sec. 123 RCW 79.90.260 and 1982 1st ex.s. c 21 s 32 are each
amended to read as follows:
When the entire purchase price of any state-owned tidelands or
shorelands ((belonging to the state)), otherwise permitted under RCW
79.94.150 (as recodified by this act) to be sold, shall have been fully
paid, the department ((of natural resources)) shall certify ((such))
the fact to the governor, and shall cause a deed signed by the governor
and attested by the secretary of state, with the seal of the state
attached ((thereto)), to be issued to the purchaser and to be recorded
in the ((office of the commissioner of public lands)) department, and
no fee shall be required for any deed issued by the governor other than
the fee provided for in this chapter.
Sec. 124 RCW 79.90.270 and 2003 c 334 s 601 are each amended to
read as follows:
Each and every contract for the sale of ((()), and each deed
to(())), state-owned tidelands or shorelands ((belonging to the
state)), otherwise permitted under RCW 79.94.150 (as recodified by this
act) to be sold, shall contain the reservation contained in RCW
79.11.210.
Sec. 125 RCW 79.90.280 and 1982 1st ex.s. c 21 s 34 are each
amended to read as follows:
The purchaser of state-owned tidelands or shorelands ((belonging to
the state)), otherwise permitted under RCW 79.94.150 (as recodified by
this act) to be sold, except in cases where the full purchase price is
paid at the time of the purchase, shall enter into and sign a contract
with the state to be signed by the commissioner ((of public lands)) on
behalf of the state, with ((his)) the seal of the commissioner's office
attached, and in a form to be prescribed by the attorney general, and
under those terms and conditions provided in RCW ((79.01.228))
79.11.200.
Sec. 126 RCW 79.90.290 and 1982 1st ex.s. c 21 s 35 are each
amended to read as follows:
When valuable materials ((shall have been)) are sold separate from
state-owned aquatic lands and the purchase price is paid in full, the
department ((of natural resources)) shall cause a bill of sale, signed
by the commissioner ((of public lands)) and attested by the seal of
((his)) the commissioner's office, setting forth the time within which
((such)) the material shall be removed. The bill of sale shall be
issued to the purchaser and shall be recorded in the department's
Olympia office ((of the commissioner of public lands)), upon the
payment of the fee provided for in this chapter.
Sec. 127 RCW 79.90.300 and 1991 c 322 s 26 are each amended to
read as follows:
The department ((of natural resources)), upon application by any
person or when determined by the department to be in the best interest
of the state, may enter into a contract or lease providing for the
removal and sale of rock, gravel, sand, and silt, or other valuable
materials located within or upon beds of navigable waters, or upon any
state-owned tidelands or shorelands ((belonging to the state)) and
providing for payment to be made ((therefor)) by such royalty as the
department may fix, by negotiation, by sealed bid, or at public
auction. If application is made for the purchase of any valuable
material situated within or upon state-owned aquatic lands the
department shall inspect and appraise the value of the material in the
application.
Sec. 128 RCW 79.90.310 and 1982 1st ex.s. c 21 s 37 are each
amended to read as follows:
Each application made pursuant to RCW 79.90.300 (as recodified by
this act) shall set forth the estimated quantity and kind of materials
desired to be removed and shall be accompanied by a map or plat showing
the area from which the applicant wishes to remove ((such)) the
materials. The department ((of natural resources)) may in its
discretion include in any lease or contract entered into pursuant to
RCW 79.90.300 through 79.90.320 (as recodified by this act), ((such))
terms and conditions deemed necessary by the department to protect the
interests of the state. In each ((such)) lease or contract the
department shall provide for a right of forfeiture by the state, upon
a failure to operate under the lease or contract or pay royalties or
rent for periods therein stipulated, and the department shall require
a bond with a surety company authorized to transact a surety business
in this state, as surety to secure the performance of the terms and
conditions of ((such)) the contract or lease including the payment of
royalties. The right of forfeiture shall be exercised by entry of a
declaration of forfeiture in the records of the department. The amount
of rock, gravel, sand, or silt taken under the contract or lease shall
be reported monthly by the purchaser to the department and payment
((therefor)) made on the basis of the royalty provided in the lease or
contract.
Sec. 129 RCW 79.90.320 and 1982 1st ex.s. c 21 s 38 are each
amended to read as follows:
The department ((of natural resources)) may inspect and audit
books, contracts, and accounts of each person removing rock, gravel,
sand, or silt pursuant to any ((such)) lease or contract under RCW
79.90.300 and 79.90.310 (as recodified by this act) and make such other
investigation and secure or receive any other evidence necessary to
determine whether or not the state is being paid the full amount
payable to it for the removal of ((such)) the materials.
Sec. 130 RCW 79.90.325 and 2003 c 334 s 602 are each amended to
read as follows:
Whenever, pursuant to RCW 79.15.300, the ((commissioner))
department enters into a contract for the sale and removal of rock,
gravel, sand, or silt out of a riverbed, the ((commissioner))
department shall, when establishing a royalty, take into consideration
flood protection value to the public that will arise as a result of
((such)) the removal.
Sec. 131 RCW 79.90.330 and 2003 c 334 s 603 are each amended to
read as follows:
The department may issue permits and leases for prospecting, placer
mining contracts, and contracts for the mining of valuable minerals and
specific materials, except rock, gravel, sand, silt, coal, or
hydrocarbons, upon and from any state-owned aquatic lands ((belonging
to the state)), or which have been sold and the minerals ((thereon))
reserved by the state in tracts not to exceed six hundred forty acres
or an entire government-surveyed section. The procedures contained at
RCW 79.14.300 through 79.14.450, inclusive, shall apply ((thereto)).
Sec. 132 RCW 79.90.340 and 2003 c 334 s 604 are each amended to
read as follows:
The department is authorized to execute option contracts for
prospecting purposes and leases for the mining and extraction of coal
from any state-owned aquatic lands ((owned by the state)) or from which
it may ((hereafter)) acquire title, or from any aquatic lands sold or
leased by the state the minerals of which have been reserved by the
state. The procedures contained at RCW 79.14.470 through 79.14.580,
inclusive, shall apply ((thereto)).
Sec. 133 RCW 79.90.350 and 1982 1st ex.s. c 21 s 41 are each
amended to read as follows:
Whenever the holder of any contract to purchase any state-owned
tidelands or shorelands ((belonging to the state)), otherwise permitted
under RCW 79.94.150 (as recodified by this act) to be sold, or the
holder of any lease of any ((such)) lands, except for mining of
valuable minerals, or coal, or extraction of petroleum or gas, shall
surrender the ((same)) contract or lease to the department ((of natural
resources)) with the request to have it divided into two or more
contracts or leases, the department may divide the ((same)) contract or
lease and issue new contracts((,)) or leases((: PROVIDED, That)).
However, no new contract or lease shall issue while there is due and
unpaid any rental, taxes, or assessments on the land held under
((such)) the contract or lease, nor in any case where the department is
of the opinion that the state's security would be impaired or
endangered by the proposed division. For all ((such)) new
contracts((,)) or leases((,)) a fee as determined by the board ((of
natural resources)) for each new contract or lease issued, shall be
paid by the applicant and ((such)) the fee shall be paid into the state
treasury to the resource management cost account in the general fund,
pursuant to RCW 79.64.020.
Sec. 134 RCW 79.90.360 and 1982 1st ex.s. c 21 s 42 are each
amended to read as follows:
Any sale or lease of state-owned tidelands or shorelands
((belonging to the state)), otherwise permitted under RCW 79.94.150 (as
recodified by this act) to be sold, made by mistake, or not in
accordance with law, or obtained by fraud or misrepresentation, shall
be void, and the contract of purchase((,)) or lease, issued ((thereon))
shall be of no effect, and the holder of ((such)) the contract((,)) or
lease, shall be required to surrender the ((same)) contract or lease to
the department ((of natural resources)), which, except in the case of
fraud on the part of the purchaser, or lessee, shall cause the money
paid on account of ((such)) the surrendered contract((,)) or lease((,))
to be refunded to the holder ((thereof)), provided the ((same)) money
has not been paid into the state treasury.
Sec. 135 RCW 79.90.370 and 1982 1st ex.s. c 21 s 43 are each
amended to read as follows:
All contracts of purchase of state-owned tidelands or shorelands
((belonging to the state)), otherwise permitted under RCW 79.94.150 (as
recodified by this act) to be sold, and all leases of state-owned
tidelands, shorelands, or beds of navigable waters ((belonging to the
state)) issued by the department ((of natural resources)) shall be
assignable in writing by the contract holder or lessee. The assignee
shall be subject to the provisions of law applicable to the
purchaser((,)) or lessee((,)) of whom ((he is)) they are the assignee,
and shall have the same rights in all respects as the original
purchaser((,)) or lessee((,)) of the lands, but only if the assignment
is first approved by the department and entered upon the records in the
((office of the commissioner of public lands)) department.
Sec. 136 RCW 79.90.390 and 1982 1st ex.s. c 21 s 45 are each
amended to read as follows:
Whenever improvements have been made on state-owned tidelands,
shorelands, or beds of navigable waters, in front of cities or towns,
prior to the location of harbor lines in front of ((such)) the cities
or towns, and the reserved harbor area as located include ((such)) the
improvements, no ((distraint)) seizure or sale of ((such)) the
improvements for taxes shall be had until six months after ((said)) the
lands have been leased or offered for lease((: PROVIDED, That)).
However, this section shall not affect or impair the lien for taxes on
((said)) the improvements.
Sec. 137 RCW 79.90.400 and 2003 c 334 s 606 are each amended to
read as follows:
Any applicant to purchase((,)) or lease((,)) any state-owned
aquatic lands ((of the state)), or any valuable materials ((thereon))
on state-owned aquatic lands, and any person whose property rights or
interest will be affected by ((such)) the sale or lease, feeling
himself or herself aggrieved by any order or decision of the board, or
the commissioner, concerning the ((same)) order or decision, may appeal
((therefrom)) in the manner provided in RCW 79.02.030.
Sec. 138 RCW 79.90.410 and 1982 1st ex.s. c 21 s 47 are each
amended to read as follows:
The department ((of natural resources)) may review and reconsider
any of its official acts relating to ((the)) state-owned aquatic lands
((of the state)) until such time as a lease, contract, or deed ((shall
have been)) is made, executed, and finally issued, and the department
may recall any lease, contract, or deed issued for the purpose of
correcting mistakes or errors, or supplying omissions.
Sec. 139 RCW 79.90.450 and 1984 c 221 s 1 are each amended to
read as follows:
The legislature finds that state-owned aquatic lands are a finite
natural resource of great value and an irreplaceable public heritage.
The legislature recognizes that the state owns these aquatic lands in
fee and has delegated to the department ((of natural resources)) the
responsibility to manage these lands for the benefit of the public.
The legislature finds that water-dependent industries and activities
have played a major role in the history of the state and will continue
to be important in the future. The legislature finds that revenues
derived from leases of state-owned aquatic lands should be used to
enhance opportunities for public recreation, shoreline access,
environmental protection, and other public benefits associated with the
aquatic lands of the state. The legislature further finds that aquatic
lands are faced with conflicting use demands. ((The purpose of RCW
79.90.450 through 79.90.545 is to articulate a management philosophy to
guide the exercise of the state's ownership interest and the exercise
of the department's management authority, and to establish standards
for determining equitable and predictable lease rates for users of
state-owned aquatic lands.))
Sec. 140 RCW 79.90.455 and 1984 c 221 s 2 are each amended to
read as follows:
The management of state-owned aquatic lands shall be in conformance
with constitutional and statutory requirements. The manager of state-owned aquatic lands shall strive to provide a balance of public
benefits for all citizens of the state. The public benefits provided
by state-owned aquatic lands are varied and include:
(1) Encouraging direct public use and access;
(2) Fostering water-dependent uses;
(3) Ensuring environmental protection;
(4) Utilizing renewable resources.
Generating revenue in a manner consistent with subsections (1)
through (4) of this section is a public benefit.
Sec. 141 RCW 79.90.456 and 2003 c 334 s 541 are each amended to
read as follows:
The department shall foster the commercial and recreational use of
the aquatic environment for production of food, fibre, income, and
public enjoyment from state-owned aquatic lands ((under its
jurisdiction)) and from associated waters, and to this end the
department may develop and improve production and harvesting of
seaweeds and sealife attached to or growing on aquatic land or
contained in aquaculture containers, but nothing in this section
((shall)) alters the responsibility of other state agencies for their
normal management of fish, shellfish, game, and water.
Sec. 142 RCW 79.90.457 and 1995 c 357 s 1 are each amended to
read as follows:
The department ((of natural resources)) may exchange state-owned
tidelands and shorelands with private and other public landowners if
the exchange is in the public interest and will actively contribute to
the public benefits established in RCW 79.90.455 (as recodified by this
act). The board ((of natural resources)) shall adopt rules which
establish criteria for determining when a proposed exchange is in the
public interest and actively contributes to the public benefits
established in RCW 79.90.455 (as recodified by this act). The
department may not exchange state-owned harbor areas or waterways.
Sec. 143 RCW 79.90.460 and 1984 c 221 s 3 are each amended to
read as follows:
(1) The management of state-owned aquatic lands shall preserve and
enhance water-dependent uses. Water-dependent uses shall be favored
over other uses in state-owned aquatic land planning and in resolving
conflicts between competing lease applications. In cases of conflict
between water-dependent uses, priority shall be given to uses which
enhance renewable resources, water-borne commerce, and the navigational
and biological capacity of the waters, and to statewide interests as
distinguished from local interests.
(2) Nonwater-dependent use of state-owned aquatic lands is a low-priority use providing minimal public benefits and shall not be
permitted to expand or be established in new areas except in
exceptional circumstances where it is compatible with water-dependent
uses occurring in or planned for the area.
(3) The department shall consider the natural values of state-owned
aquatic lands as wildlife habitat, natural area preserve,
representative ecosystem, or spawning area prior to issuing any initial
lease or authorizing any change in use. The department may withhold
from leasing lands which it finds to have significant natural values,
or may provide within any lease for the protection of such values.
(4) The power to lease state-owned aquatic lands is vested in the
department ((of natural resources)), which has the authority to make
leases upon terms, conditions, and length of time in conformance with
the state Constitution and chapters 79.90 through 79.96 RCW (as
recodified by this act).
(5) State-owned aquatic lands shall not be leased to persons or
organizations which discriminate on the basis of race, color, creed,
religion, sex, age, or physical or mental handicap.
NEW SECTION. Sec. 144 Use for public parks or public recreation
purposes shall be granted without charge if the state-owned aquatic
lands and improvements are available to the general public on a
first-come, first-served basis and are not managed to produce a profit
for the operator or a concessionaire.
Sec. 145 RCW 79.90.470 and 2002 c 152 s 2 are each amended to
read as follows:
(((1) The use of state-owned aquatic lands for public utility lines
owned by a governmental entity shall be granted by an agreement,
permit, or other instrument if the use is consistent with the purposes
of RCW 79.90.450 through 79.90.460 and does not obstruct navigation or
other public uses. The department may recover only its reasonable
direct administrative costs incurred in processing and approving the
request or application, and reviewing plans for construction of public
utility lines. For purposes of this section, "direct administrative
costs" means the cost of hours worked directly on an application or
request, based on salaries and benefits, plus travel reimbursement and
other actual out-of-pocket costs. Direct administrative costs
recovered by the department must be deposited into the resource
management cost account. Use for public parks or public recreation
purposes shall be granted without charge if the aquatic lands and
improvements are available to the general public on a first-come,
first-served basis and are not managed to produce a profit for the
operator or a concessionaire.)) The department may lease state-owned
tidelands that are in front of state parks only with the approval of
the state parks and recreation commission. The department may lease
bedlands in front of state parks only after the department has
consulted with the state parks and recreation commission.
(((2) The use of state-owned aquatic lands for local public utility
lines owned by a nongovernmental entity will be granted by easement if
the use is consistent with the purpose of RCW 79.90.450 through
79.90.460 and does not obstruct navigation or other public uses. The
total charge for the easement will be determined under RCW 79.90.575.))
(3) Nothing in this section limits the ability of the department to
obtain payment for commodity costs, such as lost revenue from renewable
resources, resulting from the granted use of state-owned aquatic lands
for public utility lines.
Sec. 146 RCW 79.90.475 and 1984 c 221 s 6 are each amended to
read as follows:
(1) Upon request of a port district, the department and port
district may enter into an agreement authorizing the port district to
manage state-owned aquatic lands abutting or used in conjunction with
and contiguous to uplands owned, leased, or otherwise managed by a port
district, for port purposes as provided in Title 53 RCW. ((Such)) The
agreement shall include, but not be limited to, provisions defining the
specific area to be managed, the term, conditions of occupancy,
reservations, periodic review, and other conditions to ensure
consistency with the state Constitution and the policies of this
chapter. If a port district acquires operating management, lease, or
ownership of real property which abuts state-owned aquatic lands
currently under lease from the state to a person other than the port
district, the port district shall manage ((such)) state-owned aquatic
lands if: (((1))) (a) The port district acquires the leasehold
interest in accordance with state law, or (((2))) (b) the current
lessee and the department agree to termination of the current lease to
accommodate management by the port. The administration of state-owned
aquatic lands covered by a management agreement shall be consistent
with the aquatic land policies of chapters 79.90 through 79.96 RCW (as
recodified by this act) and the implementing ((regulations)) rules
adopted by the department. The administrative procedures for
management of the lands shall be those of Title 53 RCW.
(2) No rent ((shall be)) is due the state for the use of state-owned aquatic lands managed under this section for water-dependent or
water-oriented uses. If a port district manages state-owned aquatic
lands under this section and either leases or otherwise permits any
person to use ((such)) the lands, the rental fee attributable to
((such)) the state-owned aquatic land only shall be comparable to the
rent charged lessees for the same or similar uses by the department((:
PROVIDED, That)). However, a port district need not itemize for the
lessee any charges for state-owned aquatic lands improved by the port
district for use by carriers by water. If a port leases state-owned
aquatic lands to any person for nonwater-dependent use, eighty-five
percent of the revenue attributable to the rent of the state-owned
aquatic land only shall be paid to the state.
(3) Upon application for a management agreement, and so long as the
application is pending and being diligently pursued, no rent ((shall
be)) is due the department for the lease by the port district of state-owned aquatic lands included within the application for water-dependent
or water-oriented uses.
(4) The department and representatives of the port industry shall
develop a proposed model management agreement which shall be used as
the basis for negotiating the management agreements required by this
section. The model management agreement shall be reviewed and approved
by the board ((of natural resources)).
Sec. 147 RCW 79.90.480 and 2003 c 310 s 1 are each amended to
read as follows:
Except as otherwise provided by this chapter, annual rent rates for
the lease of state-owned aquatic lands for water-dependent uses shall
be determined as follows:
(1)(a) The assessed land value, exclusive of improvements, as
determined by the county assessor, of the upland tax parcel used in
conjunction with the leased area or, if there are no such uplands, of
the nearest upland tax parcel used for water-dependent purposes divided
by the parcel area equals the upland value.
(b) The upland value times the area of leased aquatic lands times
thirty percent equals the aquatic land value.
(2) As of July 1, 1989, and each July 1st thereafter, the
department shall determine the real capitalization rate to be applied
to water-dependent aquatic land leases commencing or being adjusted
under subsection (3)(a) of this section in that fiscal year. The real
capitalization rate shall be the real rate of return, except that until
June 30, 1989, the real capitalization rate shall be five percent and
thereafter it shall not change by more than one percentage point in any
one year or be more than seven percent or less than three percent.
(3) The annual rent shall be:
(a) Determined initially, and redetermined every four years or as
otherwise provided in the lease, by multiplying the aquatic land value
times the real capitalization rate; and
(b) Adjusted by the inflation rate each year in which the rent is
not determined under ((subsection (3))) (a) of this ((section))
subsection.
(4) If the upland parcel used in conjunction with the leased area
is not assessed or has an assessed value inconsistent with the purposes
of the lease, the nearest comparable upland parcel used for similar
purposes shall be substituted and the lease payment determined in the
same manner as provided in this section.
(5) For the purposes of this section, "upland tax parcel" is a tax
parcel, some portion of which has upland characteristics. Filled
tidelands or shorelands with upland characteristics which abut state-owned aquatic land shall be considered as uplands in determining
aquatic land values.
(6) The annual rent for filled state-owned aquatic lands that have
the characteristics of uplands shall be determined in accordance with
RCW 79.90.500 (as recodified by this act) in those cases in which the
state owns the fill and has a right to charge for the fill.
(7)(a) For leases for marina uses only, as of July 1, 2004, lease
rates will be a percentage of the annual gross revenues generated by
that marina. It is the intent of the legislature that additional
legislation be enacted prior to July 1, 2004, to establish the
percentage of gross revenues that will serve as the basis for a
marina's rent and a definition of gross revenues. Annual rent must be
recalculated each year based upon the marina's gross revenues from the
previous year, as reported to the department consistent with this
subsection (7).
(b) By December 31, 2003, the department will develop a recommended
formula for calculating marina rents consistent with this subsection
(7) and report the recommendation to the legislature. The formula
recommended by the department must include a percentage or a range of
percentages of gross revenues, a system for implementing such
percentages, and the designation of revenue sources to be considered
for rent calculation purposes. The department must also ensure, given
the available information, that the rent formula recommended by the
department is initially calculated to maintain state proceeds from
marina rents as of July 1, 2003, and that if the department does not
receive income reporting forms representing at least ninety percent of
the projected annual marina revenue and at least seventy-five percent
of all marinas, the current model for calculating marina rents, as
described in subsections (1) through (6) of this section, will continue
to be the method used to calculate marina rents, and the income method,
as described in (a) of this subsection, will not be applied. In
addition to the percent of marina income, the department shall
determine its direct administrative costs (cost of hours worked
directly on applications and leases, based on salaries and benefits,
plus travel reimbursement and other actual out-of-pocket costs) to
calculate, audit, execute, and monitor marina leases, and shall recover
these costs from lessees. All administrative costs recovered by the
department must be deposited into the resource management cost account
created in RCW 79.64.020. Prior to making recommendations to the
legislature, a work session consisting of the department, marina
owners, and stakeholders must be convened to discuss the rate-setting
criteria. The legislature directs the department to deliver
recommendations to the legislature by December 2003, including any
minority reports by the participating parties.
(c) When developing its recommendation for a marina lease formula
consistent with this subsection (7), the department shall ensure that
the percentage of revenue established is applied to the income of the
direct lessee, as well as to the income of any person or entity that
subleases, or contracts to operate the marina, with the direct lessee,
less the amount paid by the sublease to the direct lessee.
(d) All marina operators under lease with the department must
return to the department an income reporting form, provided by the
department, and certified by a licensed certified public accountant,
before July 1, 2003, and again annually on a date set by the
department. On the income reporting form, the department may require
a marina to disclose to the department any information about income
from all marina-related sources, excluding restaurants and bars. All
income reports submitted to the department are subject to either audit
or verification, or both, by the department, and the department may
inspect all of the lessee's books, records, and documents, including
state and federal income tax returns relating to the operation of the
marina and leased aquatic lands at all reasonable times. If the lessee
fails to submit the required income reporting form once the new method
for calculating marina rents is effective, the department may conduct
an audit at the lessee's expense or cancel the lease.
(e) Initially, the marina rent formula developed by the department
pursuant to (b) of this subsection will be applied to each marina on
its anniversary date, beginning on July 1, 2004, and will be based on
that marina's 2003 income information. Thereafter, rents will be
recalculated each year, based on the marina's gross revenue from the
previous year.
(f) No marina lease may be for less than five hundred dollars plus
direct administrative costs.
(8) For all new leases for other water-dependent uses, issued after
December 31, 1997, the initial annual water-dependent rent shall be
determined by the methods in subsections (1) through (6) of this
section.
Sec. 148 RCW 79.90.485 and 1984 c 221 s 8 are each amended to
read as follows:
(1) Until June 30, 1989, the log storage rents per acre shall be
the average rents the log storage leases in effect on July 1, 1984,
would have had under the formula for water-dependent leases as set out
in RCW 79.90.480 (as recodified by this act), except that the aquatic
land values shall be thirty percent of the assessed value of the
abutting upland parcels exclusive of improvements, if they are
assessed. If the abutting upland parcel is not assessed, the nearest
assessed upland parcel shall be used.
(2) On July 1, 1989, and every four years thereafter, the base log
storage rents established under subsection (1) of this section shall be
adjusted in proportion to the change in average water-dependent lease
rates per acre since the date the log storage rates were last
established under this section.
(3) The annual rent shall be adjusted by the inflation rate each
year in which the rent is not determined under subsection (1) or (2) of
this section.
(4) If the lease provides for seasonal use so that portions of the
leased area are available for public use without charge part of the
year, the annual rent may be discounted to reflect such public use in
accordance with rules adopted by the board ((of natural resources)).
Sec. 149 RCW 79.90.490 and 1984 c 221 s 9 are each amended to
read as follows:
(1) For leases in effect on October 1, 1984, the rent shall remain
at the annual rate in effect on September 30, 1984, until the next
lease anniversary date, at which time rent established under RCW
79.90.480 or 79.90.485 (as recodified by this act) shall become
effective. If the first rent amount established is an increase of more
than one hundred dollars and is more than thirty-three percent above
the rent in effect on September 30, 1984, the annual rent shall not
increase in any year by more than thirty-three percent of the
difference between the previous rent and the rent established under RCW
79.90.480 or 79.90.485 (as recodified by this act). If the first rent
amount established under RCW 79.90.480 or 79.90.485 (as recodified by
this act) is more than thirty-three percent below the rent in effect on
September 30, 1984, the annual rent shall not decrease in any year by
more than thirty-three percent of the difference between the previous
rent and the rent established under RCW 79.90.480 or 79.90.485 (as
recodified by this act). Thereafter, notwithstanding any other
provision of this title, the annual rental established under RCW
79.90.480 or 79.90.485 (as recodified by this act) shall not increase
more than fifty percent in any year.
(2) This section applies only to leases of state-owned aquatic
lands subject to RCW 79.90.480 or 79.90.485 (as recodified by this
act).
Sec. 150 RCW 79.90.500 and 1984 c 221 s 11 are each amended to
read as follows:
Leases for nonwater-dependent uses of state-owned aquatic lands
shall be charged the fair market rental value of the leased lands,
determined in accordance with appraisal techniques specified by rule.
However, rents for nonwater-dependent uses shall always be more than
the amount that would be charged as rent for a water-dependent use of
the same parcel. ((Rents and fees for the mining or other recovery of
mineral or geothermal resources shall be established through
competitive bidding, negotiations, or as otherwise provided by
statute.))
NEW SECTION. Sec. 151 Rents and fees for the mining or other
recovery of mineral or geothermal resources shall be established
through competitive bidding, negotiations, or as otherwise provided by
statute.
Sec. 152 RCW 79.90.505 and 1984 c 221 s 12 are each amended to
read as follows:
If water-dependent and nonwater-dependent uses occupy separate
portions of the same leased parcel of state-owned aquatic land, the
rental rate for each use shall be that established for ((such)) the use
by this chapter, prorated in accordance with the proportion of the
whole parcel that each use occupies. If water-dependent and nonwater-dependent uses occupy the same portion of a leased parcel of state-owned aquatic land, the rental rate for ((such)) the parcel shall be
subject to negotiation with the department taking into account the
proportion of the improvements each use occupies.
Sec. 153 RCW 79.90.515 and 1984 c 221 s 14 are each amended to
read as follows:
(1) Except as agreed between the department and the lessee prior to
construction of the improvements, rent shall not be charged under any
lease of state-owned aquatic lands for improvements, including fills,
authorized by the department or installed by the lessee or its
predecessor before June 1, 1971, so long as the lands remain under a
lease or succession of leases without a period of three years in which
no lease is in effect or a bona fide application for a lease is
pending.
(2) If improvements were installed under a good faith belief that
a state-owned aquatic lands lease was not necessary, rent shall not be
charged for the improvements if, within ninety days after specific
written notification by the department that a lease is required, the
owner either applies for a lease or files suit to determine if a lease
is required.
Sec. 154 RCW 79.90.520 and 1991 c 64 s 1 are each amended to read
as follows:
The manager shall, by rule, provide for an administrative review of
any state-owned aquatic land rent proposed to be charged. The rules
shall require that the lessee or applicant for release file a request
for review within thirty days after the manager has notified the lessee
or applicant of the rent due. For leases issued by the department, the
final authority for the review rests with the board ((of natural
resources)). For leases managed under RCW 79.90.475 (as recodified by
this act), the final authority for the review rests with the
appropriate port commission. If the request for review is made within
thirty days after the manager's final determination as to the rental,
the lessee may pay rent at the preceding year's rate pending completion
of the review, and shall pay any additional rent or be entitled to a
refund, with interest thirty days after announcement of the decision.
The interest rate shall be fixed((, from time to time,)) by rule
adopted by the board ((of natural resources)) and shall not be less
than six percent per annum. Nothing in this section abrogates the
right of an aggrieved party to pursue legal remedies. For purposes of
this section, "manager" is the department except where state-owned
aquatic lands are managed by a port district, in which case "manager"
is the port district.
Sec. 155 RCW 79.90.535 and 1991 c 64 s 2 are each amended to read
as follows:
The interest rate and all interest rate guidelines shall be
fixed((, from time to time,)) by rule adopted by the board ((of natural
resources)) and shall not be less than six percent per annum.
Sec. 156 RCW 79.90.540 and 1984 c 221 s 19 are each amended to
read as follows:
The department shall adopt such rules as are necessary to carry out
the purposes of RCW 79.90.450 through 79.90.535 (as recodified by this
act), specifically including criteria for determining under RCW
79.90.480(4) (as recodified by this act) when an abutting upland parcel
has been inappropriately assessed and for determining the nearest
comparable upland parcel used for water-dependent uses.
Sec. 157 RCW 79.90.545 and 1984 c 221 s 20 are each amended to
read as follows:
Nothing in this chapter or RCW 79.93.040 or 79.93.060 (as
recodified by this act) shall modify or affect any existing legal
rights involving the boundaries of, title to, or vested property rights
in aquatic lands or waterways. Nothing in this chapter shall modify,
alter, or otherwise affect the applicability of chapter 90.58 RCW.
Sec. 158 RCW 79.90.550 and 1987 c 259 s 1 are each amended to
read as follows:
The legislature finds that the department ((of natural resources))
provides, manages, and monitors aquatic land dredged material disposal
sites on state-owned aquatic lands for materials dredged from rivers,
harbors, and shipping lanes. These disposal sites are approved through
a cooperative planning process by the departments of natural resources
and ecology, the United States army corps of engineers, and the United
States environmental protection agency in cooperation with the Puget
Sound ((water quality authority)) action team. These disposal sites
are essential to the commerce and well-being of the citizens of the
state of Washington. Management and environmental monitoring of these
sites are necessary to protect environmental quality and to assure
appropriate use of state-owned aquatic lands. The creation of an
aquatic land dredged material disposal site account is a reasonable
means to enable and facilitate proper management and environmental
monitoring of these disposal sites.
Sec. 159 RCW 79.90.555 and 1991 sp.s. c 13 s 63 are each amended
to read as follows:
The aquatic land dredged material disposal site account is
((hereby)) established in the state treasury. The account shall
consist of funds appropriated to the account; funds transferred or paid
to the account pursuant to settlements; court or administrative agency
orders or judgments; gifts and grants to the account; and all funds
received by the department ((of natural resources)) from users of
aquatic land dredged material disposal sites. After appropriation,
moneys in the fund may be spent only for the management and
environmental monitoring of aquatic land dredged material disposal
sites. The account is subject to the allotment procedure provided
under chapter 43.88 RCW.
Sec. 160 RCW 79.90.560 and 1987 c 259 s 3 are each amended to
read as follows:
The department ((of natural resources)) shall((, from time to
time,)) estimate the costs of site management and environmental
monitoring at aquatic land dredged material disposal sites and may, by
rule, establish fees for use of ((such)) the sites in amounts no
greater than necessary to cover the estimated costs. All such revenues
shall be placed in the aquatic land dredged material disposal site
account under RCW 79.90.555 (as recodified by this act).
Sec. 161 RCW 79.90.565 and 1995 c 399 s 210 are each amended to
read as follows:
After consultation with the director of community, trade, and
economic development, the department ((of natural resources)) may enter
into agreements, leases, or other conveyances for archaeological
activities on state-owned aquatic lands. ((Such)) The agreements,
leases, or other conveyances may contain ((such)) those conditions as
are required for the department ((of natural resources)) to comply with
its legal rights and duties. All ((such)) agreements, leases, or other
conveyances, shall be issued in accordance with the terms of chapters
79.90 through 79.96 RCW (as recodified by this act).
Sec. 162 RCW 79.90.575 and 2002 c 152 s 3 are each amended to
read as follows:
(1) Until July 1, 2008, the charge for the term of an easement
granted under RCW 79.90.470(2) (as recodified by this act) will be
determined as follows and will be paid in advance upon grant of the
easement:
(a) Five thousand dollars for individual easement crossings that
are no longer than one mile in length;
(b) Twelve thousand five hundred dollars for individual easement
crossings that are more than one mile but less than five miles in
length; or
(c) Twenty thousand dollars for individual easement crossings that
are five miles or more in length.
(2) The charge for easements under subsection (1) of this section
must be adjusted annually by the rate of yearly increase in the most
recently published consumer price index, all urban consumers, for the
Seattle-Everett SMSA, over the consumer price index for the preceding
year, as compiled by the bureau of labor statistics, United States
department of labor for the state of Washington rounded up to the
nearest fifty dollars.
(3) The term of the easement is thirty years.
(4) In addition to the charge for the easement under subsection (1)
of this section, the department may recover its reasonable direct
administrative costs incurred in receiving an application for the
easement, approving the easement, and reviewing plans for and
construction of the public utility lines. For the purposes of this
subsection, "direct administrative costs" means the cost of hours
worked directly on an application, based on salaries and benefits, plus
travel reimbursement and other actual out-of-pocket costs. Direct
administrative costs recovered by the department must be deposited into
the resource management cost account.
(5) Applicants under RCW 79.90.470(2) (as recodified by this act)
providing a residence with an individual service connection for
electrical, natural gas, cable television, or telecommunications
service are not required to pay the charge for the easement under
subsection (1) of this section but shall pay administrative costs under
subsection (4) of this section.
(6) A final decision on applications for an easement must be made
within one hundred twenty days after the department receives the
completed application and after all applicable regulatory permits for
the aquatic easement have been acquired. This subsection applies to
applications submitted before June 13, 2002, as well as to applications
submitted on or after June 13, 2002. Upon request of the applicant,
the department may reach a decision on an application within sixty days
and charge an additional fee for an expedited processing. The fee for
an expedited processing is the greater of: (a) Ten percent of the
combined total of the easement charge and direct administrative costs;
or (b) the cost of staff overtime, calculated at time and one-half,
associated with the expedited processing.
Sec. 163 RCW 79.90.580 and 2003 c 176 s 1 are each amended to
read as follows:
(1) The department is authorized to accept gifts of aquatic land
within the state, including tidelands, shorelands, harbor areas, and
the beds of navigable waters, which shall become part of the state-owned aquatic land base. Consistent with RCW 79.90.455 (as recodified
by this act), the department must develop procedures and criteria that
state the manner in which gifts of aquatic land, received after July
27, 2003, may occur. No gift of aquatic land may be accepted until:
(a) An appraisal of the value of the land has been prepared; (b) an
environmental site assessment has been conducted; and (c) the title
property report has been examined and approved by the attorney general
of the state. The results of the appraisal, the site assessment, and
the examination of the title property report must be submitted to the
board ((of natural resources)) before the department may accept a gift
of aquatic land.
(2) The authorization to accept gifts of aquatic land within the
state extends to aquatic land accepted as gifts prior to July 27, 2003.
Sec. 201 RCW 79.91.010 and 2003 c 334 s 607 are each amended to
read as follows:
All tidelands and shorelands originally belonging to the state, and
which were granted, sold, or leased at any time after June 15, 1911,
and which contain any valuable materials or are contiguous to or in
proximity of state lands or other tidelands or shorelands which contain
any valuable materials, shall be subject to the right of the state or
any grantee or lessee ((thereof)) who has acquired ((such)) the other
lands, or any valuable materials thereon, after June 15, 1911, to
acquire the right of way over ((such)) the lands so granted, sold, or
leased, for private railroads, skid roads, flumes, canals,
watercourses, or other easements for the purpose of, and to be used in,
transporting and moving ((such)) valuable materials from ((such)) the
other lands, over and across the lands so granted or leased in
accordance with the provisions of RCW 79.36.370.
Sec. 202 RCW 79.91.020 and 1982 1st ex.s. c 21 s 49 are each
amended to read as follows:
Every right of way for a private railroad, skid road, canal, flume,
or watercourse, or other easement, over and across any state-owned
tidelands or shorelands ((belonging to the state)), for the purpose of,
and to be used in, transporting and moving valuable materials of the
land, granted after June 15, 1911, shall be subject to joint and common
use in accordance with the provisions of RCW ((79.01.316)) 79.36.380.
Sec. 203 RCW 79.91.030 and 2003 c 334 s 608 are each amended to
read as follows:
Any person having acquired a right of way or easement as provided
in RCW 79.91.010 and 79.91.020 (as recodified by this act) over any
state-owned tidelands or shorelands ((belonging to the state)) or over
or across beds of any navigable water or stream for the purpose of
transporting or moving valuable materials and being engaged in such
business, or any grantee or lessee thereof acquiring after June 15,
1911, state lands or tidelands or shorelands containing valuable
materials, where ((said)) the land is contiguous to or in proximity of
((such)) the right of way or easement, shall accord to the state or any
person acquiring after June 15, 1911, valuable materials upon any such
lands, proper and reasonable facilities and service for transporting
and moving ((such)) valuable materials under reasonable rules and upon
payment of just and reasonable charges ((thereof)) in accordance with
the provisions of RCW 79.36.390.
Sec. 204 RCW 79.91.040 and 2003 c 334 s 609 are each amended to
read as follows:
Should the owner or operator of any private railroad, skid road,
flume, canal, watercourse, or other right of way or easement provided
for in RCW 79.91.020 and 79.91.030 (as recodified by this act) fail to
agree with the state or any grantee or lessee ((thereof)), as to the
reasonable and proper rules and charges, concerning the transportation
and movement of valuable materials from those lands contiguous to or in
proximity to the lands over which ((such)) the private right of way or
easement is operated, the state or any grantee or lessee ((thereof)),
owning and desiring to have ((such)) the valuable materials transported
or moved, may apply to the Washington state utilities and
transportation commission for an inquiry into the reasonableness of the
rules, investigate the ((same)) rules, and make ((such)) binding
reasonable, proper, and just rates and regulations in accordance with
the provisions of RCW 79.36.400.
Sec. 205 RCW 79.91.050 and 2003 c 334 s 610 are each amended to
read as follows:
Any person owning or operating any right of way or easement subject
to the provisions of RCW 79.91.020 through 79.91.040 (as recodified by
this act), over and across any state-owned tidelands or shorelands
((belonging to the state)) or across any beds of navigable waters, and
violating or failing to comply with any rule or order made by the
utilities and transportation commission, after inquiry, investigation,
and a hearing as provided in RCW 79.91.040 (as recodified by this act),
shall be subject to the same penalties provided in RCW 79.36.410.
Sec. 206 RCW 79.91.060 and 2003 c 334 s 611 are each amended to
read as follows:
Any person engaged in the business of logging or lumbering,
quarrying, mining, or removing sand, gravel, or other valuable
materials from land, and desirous of obtaining a right of way or
easement provided for in RCW 79.91.010 through 79.91.030 (as recodified
by this act) over and across any state-owned tidelands or shorelands
((belonging to the state)), or beds of navigable waters or any ((such))
lands sold or leased by the state since June 15, 1911, shall file with
the department upon a form to be furnished for that purpose, a written
application for ((such)) the right of way in accordance with the
provisions of RCW 79.36.350.
Sec. 207 RCW 79.91.070 and 1982 1st ex.s. c 21 s 54 are each
amended to read as follows:
Any ((such)) right of way or easement granted under the provisions
of RCW 79.91.010 through 79.91.030 (as recodified by this act) which
has never been used, or for a period of two years has ceased to be used
for the purpose for which it was granted, shall be deemed forfeited.
The forfeiture of any such right of way ((heretofore)) previously
granted or granted under the provisions of RCW 79.91.010 through
79.91.030 (as recodified by this act), shall be rendered effective by
the mailing of a notice of ((such)) the forfeiture to the grantee
((thereof)) at ((his)) the grantee's last known post office address and
by posting a copy of ((such)) the certificate, or other record of the
grant, in the department's Olympia office ((of the commissioner of
public lands)) with the word "canceled" and the date of ((such)) the
cancellation.
Sec. 208 RCW 79.91.080 and 2003 c 334 s 612 are each amended to
read as follows:
Any county or city or the United States of America or any state
agency desiring to locate, establish, and construct a road or street
over and across any aquatic lands, or wharf over any state-owned
tidelands or shorelands, ((belonging to the state,)) shall by
resolution of the legislative body of ((such)) the county, or city
council or other governing body of ((such)) the city, or proper agency
of the United States of America or state agency, ((cause to be filed))
file a petition with the department ((a petition)) for a right of way
for ((such)) the road or street or wharf in accordance with the
provisions of RCW 79.36.440.
The department may grant the petition if it deems it in the best
interest of the state and upon payment for ((such)) the right of way
and any damages to the affected aquatic lands.
Sec. 209 RCW 79.91.090 and 1982 1st ex.s. c 21 s 56 are each
amended to read as follows:
Any railroad company ((heretofore or hereafter)) organized under
the laws of the territory or state of Washington, or under any other
state or territory of the United States, or under any act of the
congress of the United States, and authorized to do business in the
state and to construct and operate railroads ((therein)), shall have
the right to construct bridges across the navigable streams within this
state over which the line or lines of its railway shall run for the
purpose of being made a part of ((said)) the railway line, or for the
more convenient use thereof, if ((said)) the bridges are ((so))
constructed so as not to interfere with, impede, or obstruct navigation
on ((such)) the streams((: PROVIDED, That)). However, payment for any
((such)) right of way and any damages to those aquatic lands affected
must be paid first ((paid)).
Sec. 210 RCW 79.91.100 and 1982 1st ex.s. c 21 s 57 are each
amended to read as follows:
Counties, cities, towns, and other municipalities shall have the
right to construct bridges and trestles across waterways ((heretofore
or hereafter)) laid out under the authority of the state of Washington,
and over and across any tidelands or shorelands and harbor areas of the
state adjacent thereto over which the projected line or lines of
highway will run, if ((such)) the bridges or trestles are constructed
in good faith for the purpose of being made a part of the constructed
line of such a highway, upon payment for any ((such)) right of way and
upon payment for any damages to those aquatic lands affected.
Sec. 211 RCW 79.91.110 and 1982 1st ex.s. c 21 s 58 are each
amended to read as follows:
Any person authorized by any state or municipal law or ordinance to
construct and operate railroads, interurban railroads, or street
railroads as common carriers within this state, shall have the right to
construct bridges or trestles across waterways laid out under the
authority of the state of Washington, over which the projected line or
lines of railroad will run. The bridges or trestles shall be
constructed in good faith for the purpose of being made a part of the
constructed line of ((such)) the railroad, and may also include a
roadway for the accommodation of vehicles and foot passengers. Full
payment for any ((such)) right of way and any damages to those aquatic
lands affected by the right of way shall first be made.
Sec. 212 RCW 79.91.120 and 1982 1st ex.s. c 21 s 59 are each
amended to read as follows:
The location and plans of any bridge, draw bridge, or trestle
proposed to be constructed under RCW 79.91.090 through 79.91.110 (as
recodified by this act) shall be submitted to and approved by the
department ((of natural resources)) before construction is commenced((:
PROVIDED, That)). However, in case the portion of ((such)) the
waterway, river, stream, or watercourse, at the place to be ((so))
crossed is navigable water of the United States, or otherwise within
the jurisdiction of the United States, ((such)) the location and plans
shall also be submitted to and approved by the United States army corps
of engineers before construction is commenced. When plans for any
bridge or trestle have been approved by the department ((of natural
resources)) and the United States army corps of engineers, it ((shall
be)) is unlawful to deviate from ((such)) the plans either before or
after the completion of ((such)) the structure, unless the modification
of ((such)) the plans has previously been submitted to, and received
the approval of the department ((of natural resources)) and the United
States army corps of engineers, as the case may be. Any structure
((hereby)) authorized and approved as indicated in this section shall
remain within the jurisdiction of the respective officer or officers
approving the ((same)) structure, and shall be altered or changed from
time to time at the expense of the municipality owning the highway, or
at the expense of the common carriers, at the time owning the railway
or road using ((such)) the structure, to meet the necessities of
navigation and commerce in such a manner as may be from time to time
ordered by the respective officer or officers at ((such)) the time
having jurisdiction of the ((same)) structure, and ((such)) the orders
may be enforced by appropriate action at law or in equity at the suit
of the state.
Sec. 213 RCW 79.91.130 and 1982 1st ex.s. c 21 s 60 are each
amended to read as follows:
A right of way through, over, and across any tidelands, shorelands,
beds of navigable waters, oyster reserves belonging to the state, or
the reversionary interest of the state in oyster lands may be granted
to any person or the United States of America, constructing or
proposing to construct, or which has ((heretofore)) constructed, any
telephone line, ditch, flume, or pipeline for the domestic water supply
of any municipal corporation or transmission line for the purpose of
generating or transmitting electricity for light, heat, or power.
Sec. 214 RCW 79.91.140 and 1982 1st ex.s. c 21 s 61 are each
amended to read as follows:
In order to obtain the benefits of the grant made in RCW 79.91.130
(as recodified by this act), the person or the United States of America
constructing or proposing to construct, or which has ((heretofore))
constructed, ((such)) a telephone line, ditch, flume, pipeline, or
transmission line, shall file, with the department ((of natural
resources)), a map accompanied by the field notes of the survey and
location of ((such)) the telephone line, ditch, flume, pipeline, or
transmission line, and shall make payment ((therefor)) as provided in
RCW 79.91.150 (as recodified by this act). The land within the right
of way shall be limited to an amount necessary for the construction of
((said)) the telephone line, ditch, flume, pipeline, or transmission
line sufficient for the purposes required, together with sufficient
land on either side thereof for ingress and egress to maintain and
repair the ((same)) telephone line, ditch, flume, pipeline, or
transmission line. The grant shall also include the right to cut all
standing timber outside the right of way marked as danger trees located
on public lands upon full payment of the appraised value ((thereof)).
Sec. 215 RCW 79.91.150 and 1982 1st ex.s. c 21 s 62 are each
amended to read as follows:
On the filing of the plat and field notes, as provided in RCW
79.91.140 (as recodified by this act), the land applied for and any
improvements included in the right of way applied for, if any, shall be
appraised as in the case of an application to purchase state lands.
Upon full payment of the appraised value of the state-owned aquatic
land applied for, or upon payment of an annual rental when the
department ((of natural resources)) deems a rental to be in the best
interests of the state, and upon full payment of the appraised value of
any danger trees and improvements, if any, the department shall issue
to the applicant a certificate of the grant of ((such)) right of way
stating the terms and conditions ((thereof)) and shall enter the
((same)) certificate in the abstracts and records in the department's
Olympia office ((of the commissioner of public lands)), and thereafter
any sale or lease of the lands affected by ((such)) the right of way
shall be subject to the easement of ((such)) the right of way((:
PROVIDED, That)). However, should the person or the United States of
America securing ((such)) the right of way ever abandon the use of the
((same)) right of way for the purposes for which it was granted, the
right of way shall revert to the state, or the state's grantee.
NEW SECTION. Sec. 216 (1) The use of state-owned aquatic lands
for public utility lines owned by a governmental entity shall be
granted by an agreement, permit, or other instrument if the use is
consistent with the purposes of RCW 79.90.450 through 79.90.460 (as
recodified by this act) and does not obstruct navigation or other
public uses. The department may recover only its reasonable direct
administrative costs incurred in processing and approving the request
or application, and reviewing plans for construction of public utility
lines. For purposes of this section, "direct administrative costs"
means the cost of hours worked directly on an application or request,
based on salaries and benefits, plus travel reimbursement and other
actual out-of-pocket costs. Direct administrative costs recovered by
the department must be deposited into the resource management cost
account.
(2) The use of state-owned aquatic lands for local public utility
lines owned by a nongovernmental entity will be granted by easement if
the use is consistent with the purpose of RCW 79.90.450 through
79.90.460 (as recodified by this act) and does not obstruct navigation
or other public uses. The total charge for the easement will be
determined under RCW 79.90.575 (as recodified by this act).
(3) Nothing in this section limits the ability of the department to
obtain payment for commodity costs, such as lost revenue from renewable
resources, resulting from the granted use of state-owned aquatic lands
for public utility lines.
Sec. 217 RCW 79.91.160 and 1982 1st ex.s. c 21 s 63 are each
amended to read as follows:
A right of way through, over, and across any state-owned tidelands
or shorelands ((belonging to the state)) is ((hereby)) granted to any
irrigation district, or irrigation company duly organized under the
laws of this state, and to any person, or the United States of America,
constructing or proposing to construct an irrigation ditch or pipeline
for irrigation, or to any diking and drainage district or any diking
and drainage improvement district proposing to construct a dike or
drainage ditch.
Sec. 218 RCW 79.91.170 and 1982 1st ex.s. c 21 s 64 are each
amended to read as follows:
In order to obtain the benefits of the grant provided for in RCW
79.91.160 (as recodified by this act), the irrigation district,
irrigation company, person, or the United States of America,
constructing or proposing to construct ((such)) an irrigation ditch or
pipeline for irrigation, or the diking and drainage district or diking
and drainage improvement district constructing or proposing to
construct any dike or drainage ditch, shall file with the department
((of natural resources)) a map accompanied by the field notes of the
survey and location of the proposed irrigation ditch, pipeline, dike,
or drainage ditch, and shall pay to the state as provided in RCW
79.91.180 (as recodified by this act), the amount of the appraised
value of the ((said)) lands used for or included within ((such)) the
right of way. The land within ((such)) the right of way shall be
limited to an amount necessary for the construction of the irrigation
ditch, pipeline, dike, or drainage ditch for the purposes required,
together with sufficient land on either side ((thereof)) for ingress
and egress to maintain and repair the ((same)) irrigation ditch,
pipeline, dike, or drainage ditch.
Sec. 219 RCW 79.91.180 and 1982 1st ex.s. c 21 s 65 are each
amended to read as follows:
Upon the filing of the plat and field notes as in RCW 79.91.170 (as
recodified by this act), the lands included within the right of way
applied for shall be appraised as in the case of an application to
purchase ((such)) the lands, at full market value ((thereof)). Upon
full payment of the appraised value of the lands the department ((of
natural resources)) shall issue to the applicant a certificate of right
of way, and enter the ((same)) certificate in the department records
((in the office of the commissioner of public lands and thereafter)).
Any subsequent sale or lease by the state of the lands affected by
((such)) the right of way shall be subject ((thereto)) to the
certificate of right of way.
Sec. 220 RCW 79.91.190 and 2003 c 334 s 613 are each amended to
read as follows:
The department ((shall have)) has the power and authority to grant
to any person, the right, privilege, and authority to perpetually back
and hold water upon or over any state-owned tidelands or shorelands,
and to overflow and inundate the ((same)) lands, whenever the
department ((shall)) deems it necessary for the purpose of erecting,
constructing, maintaining, or operating any water power plant,
reservoir, or works for impounding water for power purposes,
irrigation, mining, or other public use in accordance with the
provisions of RCW 79.36.570.
Sec. 221 RCW 79.91.200 and 1982 1st ex.s. c 21 s 67 are each
amended to read as follows:
RCW 79.91.010 through 79.91.190 (as recodified by this act),
relating to the acquiring of rights of way and overflow rights through,
over, and across state-owned aquatic lands ((belonging to the state)),
shall not be construed as exclusive or as affecting the right of
municipal and public service corporations to acquire lands belonging to
or under the control of the state, or rights of way or other rights
((thereover)), by condemnation proceedings.
Sec. 222 RCW 79.91.210 and 2003 c 334 s 614 are each amended to
read as follows:
The department may grant to any person ((such)) easements and
rights in tidelands and shorelands and oyster reserves owned by the
state as the applicant may acquire in privately or publicly owned lands
through proceedings in eminent domain in accordance with the provisions
of RCW 79.36.355.
Sec. 301 RCW 79.92.010 and 1982 1st ex.s. c 21 s 69 are each
amended to read as follows:
(1) It ((shall be)) is the duty of the board ((of natural
resources)) acting as the harbor line commission to locate and
establish harbor lines and determine harbor areas, as required by
((section 1 of)) Article XV, section 1 of the state Constitution, where
((such)) harbor lines and harbor areas have not ((heretofore))
previously been located and established.
(2) The board shall locate and establish outer harbor lines beyond
which the state shall never sell or lease any rights whatever to
private persons, and to locate and establish the inner harbor line,
thereby defining the width of the harbor area between such harbor
lines. The harbor area shall be forever reserved for landings,
wharves, streets, and other conveniences of navigation and commerce.
Sec. 302 RCW 79.92.020 and 1982 1st ex.s. c 21 s 70 are each
amended to read as follows:
Whenever it appears that the inner harbor line of any harbor area
((heretofore determined)) has been so established as to overlap or fall
inside the government meander line, or for any other good cause, the
board ((of natural resources)) acting as the harbor line commission is
empowered to relocate and reestablish said inner harbor line so
erroneously established, outside of the meander line. All tidelands or
shorelands within ((said)) the inner harbor line so reestablished and
relocated, shall belong to the state and may be sold or leased as other
first-class tidelands or shorelands ((of the first class)) in
accordance with the provisions of RCW 79.94.150((: PROVIDED, That))
(as recodified by this act). However, in all other cases, authority to
relocate the inner harbor line or outer harbor line, or both, shall
first be obtained from the legislature.
Sec. 303 RCW 79.92.030 and 2004 c 219 s 1 are each amended to
read as follows:
The commission on harbor lines is ((hereby)) authorized to change,
relocate, or reestablish harbor lines in Guemes Channel and Fidalgo Bay
in front of the city of Anacortes, Skagit county; in Grays Harbor in
front of the cities of Aberdeen, Hoquiam, and Cosmopolis, Grays Harbor
county; Bellingham Bay in front of the city of Bellingham and in
Drayton Harbor in front of the city of Blaine, Whatcom county; in
Elliott Bay, Puget Sound and Lake Union within, and in front of the
city of Seattle, King county, and within one mile of the limits of such
city; Port Angeles harbor in front of the city of Port Angeles, Clallam
county; in Lake Washington in front of the cities of Renton and Lake
Forest Park, King county; Commencement Bay in front of the city of
Tacoma, Pierce county; and within one mile of the limits of such city;
Budd Inlet in front of the city of Olympia, Thurston county; the
Columbia river in front of the city of Kalama, Cowlitz county; Port
Washington Narrows and Sinclair Inlet in front of the city of
Bremerton, Kitsap county; Sinclair Inlet in front of the city of Port
Orchard, Kitsap county; in Liberty Bay in front of the city of Poulsbo,
Kitsap county; the Columbia river in front of the city of Vancouver,
Clark county; Port Townsend Bay in front of the city of Port Townsend,
Jefferson county; the Swinomish Channel in front of the city of La
Conner, Skagit county; and Port Gardner Bay in front of the city of
Everett, except no harbor lines shall be established in Port Gardener
Bay west of the easterly shoreline of Jetty Island as presently
situated or west of a line extending S 37° 09' 38" W from the Snohomish
River Light (5), and in front of the city of Edmonds, Snohomish county;
in Oakland Bay in front of the city of Shelton, Mason county; and
within one mile of the limits of such city; in Gig Harbor in front of
the city of Gig Harbor, Pierce county; and within one mile of the
limits of such city, at the entrance to the Columbia river in front of
the city of Ilwaco, Pacific county; in the Columbia river in front of
the city of Pasco, Franklin county; and in the Columbia river in front
of the city of Kennewick, Benton county.
Sec. 304 RCW 79.92.035 and 1987 c 271 s 5 are each amended to
read as follows:
The harbor line commission shall modify harbor lines in Port
Gardner Bay as necessary to facilitate the conveyance through exchange
authorized in RCW 79.94.450 (as recodified by this act).
Sec. 305 RCW 79.92.060 and 1982 1st ex.s. c 21 s 74 are each
amended to read as follows:
Applications, leases, and bonds of lessees shall be in such a form
as the department ((of natural resources)) shall prescribe. Every
lease shall provide that the rental shall be payable to the department,
and for cancellation by the department upon sixty days' written notice
for any breach of the conditions ((thereof)). Every lessee shall
furnish a bond, with surety satisfactory to the department, with such
penalty as the department may prescribe, but not less than five hundred
dollars, conditioned upon the faithful performance of the terms of the
lease and the payment of the rent when due. If the department
((shall)) at any time deems any bond insufficient, it may require the
lessee to file a new and sufficient bond within thirty days after
receiving notice to do so.
Applications for leases of harbor areas upon tidal waters shall be
accompanied by ((such)) plans and drawings and other data concerning
the proposed wharves, docks, or other structures or improvements
((thereof)) as the department shall require. Every lease of harbor
areas shall provide that, wharves, docks, or other conveniences of
navigation and commerce adequate for the public needs, to be specified
in ((such)) the lease, shall be constructed within ((such)) the time as
may be fixed in each case by the department. In no case shall the
construction be commenced more than two years from the date of ((such))
the lease and shall be completed within such reasonable time as the
department shall fix, any of which times may be extended by the
department either before or after their expiration, and the character
of the improvements may be changed either before or after completion
with the approval of the department((: PROVIDED, That)). However, if
in its opinion improvements existing upon such harbor area or the
tidelands adjacent thereto are adequate for public needs of commerce
and navigation, the department shall require the maintenance of
((such)) existing improvements and need not require further
improvements.
Sec. 306 RCW 79.92.070 and 2000 c 11 s 27 are each amended to
read as follows:
If the owner of any harbor area lease upon tidal waters ((shall))
desires to construct ((thereon)) any wharf, dock, or other convenience
of navigation or commerce, or to extend, enlarge, or substantially
improve any existing structure used in connection with ((such)) the
harbor area, and ((shall)) deems the required expenditure not warranted
by ((his or her)) the lessee's right to occupy ((such)) the harbor area
during the remainder of the term of ((his or her)) their lease, the
lease owner may make application to the department ((of natural
resources)) for a new lease of ((such)) the harbor area for a period
not exceeding thirty years. Upon the filing of ((such)) an application
accompanied by ((such)) proper plans, drawings, or other data, the
department shall ((forthwith)) investigate the ((same)) application and
if ((it shall)) the department determines that the proposed work or
improvement is in the public interest and reasonably adequate for the
public needs, it shall by order fix the terms and conditions and the
rate of rental for ((such)) a new lease, ((such)) the rate of rental
shall be a fixed percentage, during the term of ((such)) the lease, on
the true and fair value in money of ((such)) the harbor area determined
((from time to time)) by the department. The department may propose
modifications of the proposed wharf, dock, or other convenience or
extensions, enlargements, or improvements ((thereon)). The department
shall, within ninety days from the filing of ((such)) an application
notify the applicant in writing of the terms and conditions upon which
((such)) a new lease will be granted, and of the rental to be paid, and
if the applicant shall within ninety days ((thereafter)) elect to
accept a new lease of ((such)) the harbor area upon the terms and
conditions, and at the rental prescribed by the department, the
department shall make a new lease for ((such)) the harbor area for the
term applied for and the existing lease shall ((thereupon)) be
surrendered and canceled.
Sec. 307 RCW 79.92.080 and 2000 c 11 s 28 are each amended to
read as follows:
Upon the expiration of any harbor area lease upon tidal waters
((hereafter expiring)), the ((owner thereof)) lessee may apply for a
re-lease of ((such)) the harbor area for a period not exceeding thirty
years. ((Such)) The application shall be accompanied with maps showing
the existing improvements upon ((such)) the harbor area and the
adjacent tidelands ((adjacent thereto)) and with proper plans,
drawings, and other data showing any proposed extensions or
improvements of existing structures. Upon the filing of ((such)) an
application the department ((of natural resources)) shall ((forthwith))
investigate the ((same)) application and if it ((shall)) determines
that the character of the wharves, docks, or other conveniences of
commerce and navigation are reasonably adequate for the public needs
and in the public interest, it shall by order fix and determine the
terms and conditions upon which ((such)) the re-lease shall be granted
and the rate of rental to be paid, which rate shall be a fixed
percentage during the term of ((such)) the lease on the true and fair
value in money of ((such)) the harbor area as determined ((from time to
time)) by the department ((of natural resources)).
Sec. 308 RCW 79.92.090 and 1985 c 469 s 61 are each amended to
read as follows:
Upon completion of the valuation of any tract of harbor area
applied for under RCW 79.92.080 (as recodified by this act), the
department ((of natural resources)) shall notify the applicant of the
terms and conditions upon which the re-lease will be granted and of the
rental fixed. The applicant or ((his)) the applicant's successor in
interest shall have the option for the period of sixty days from the
date of the service of notice in which to accept a lease on the terms
and conditions and at the rental so fixed and determined by the
department. If the terms and conditions and rental are accepted a new
lease shall be granted for the term applied for. If the terms and
conditions are not accepted by the applicant within the period of time,
or within such further time, not exceeding three months, as the
department shall grant, the ((same)) lease shall be deemed rejected by
the applicant, and the department shall give eight weeks' notice by
publication once a week in one or more newspapers of general
circulation in the county in which the harbor area is located, that a
lease of the harbor area will be sold on ((such)) the terms and
conditions and at ((such)) the rental, at a time and place specified in
the notice (which shall not be more than three months from the date of
the first publication of the notice) to the person offering at the
public sale to pay the highest sum as a cash bonus at the time of sale
of ((such)) the lease. Notice of the sale shall be served upon the
applicant at least six weeks prior to the date ((thereof)) of sale.
The person paying the highest sum as a cash bonus shall be entitled to
lease the harbor area((: PROVIDED, That)). However, if the lease is
not sold at the public sale the department may at any time or times
again fix the terms, conditions, and rental, and again advertise the
lease for sale as ((above)) provided in this section and upon similar
notice((: AND PROVIDED FURTHER, That)). Further, upon failure to
secure any sale of the lease as ((above)) prescribed in this section,
the department may issue revocable leases without requirement of
improvements for one year periods at a minimum rate of two percent.
Sec. 309 RCW 79.92.100 and 1982 1st ex.s. c 21 s 78 are each
amended to read as follows:
The state of Washington ((shall ever)) retains and ((does hereby))
reserves the right to regulate the rates of wharfage, dockage, and
other tolls to be imposed by the lessee or ((his)) the lessee's assigns
upon commerce for any of the purposes for which the leased area may be
used and the right to prevent extortion and discrimination in such use
((thereof)).
Sec. 310 RCW 79.92.110 and 1984 c 221 s 25 are each amended to
read as follows:
(1) Where any leased harbor area or tideland is situated within the
limits of a town, whether or not the harbor area or tideland lies
within a port district, the rents from ((such)) the leases shall be
paid by the state treasurer to the municipal authorities of the town to
be expended for water-related improvements.
(2) The state treasurer is ((hereby)) authorized and directed to
make payments to the respective towns on the first days of July and
January of each year, of all moneys payable under the terms of this
section.
Sec. 401 RCW 79.93.010 and 1982 1st ex.s. c 21 s 80 are each
amended to read as follows:
It ((shall be)) is the duty of the department ((of natural
resources)) simultaneously with the establishment of harbor lines and
the determination of harbor areas in front of any city or town, or as
soon ((thereafter)) as practicable, to survey and plat all first-class
tidelands and shorelands ((of the first class)) not ((heretofore))
previously platted, and in platting the ((same)) tidelands and
shorelands to lay out streets which shall ((thereby)) be dedicated to
public use, subject to the control of the cities or towns in which they
are situated.
The department shall also establish one or more public waterways
not less than fifty nor more than one thousand feet wide, beginning at
the outer harbor line and extending inland across the tidelands
belonging to the state. These waterways shall include within their
boundaries, as nearly as practicable, all navigable streams running
through ((such)) the tidelands, and shall be located at ((such)) other
places as in the judgment of the department may be necessary for the
present and future convenience of commerce and navigation. All
waterways shall be reserved from sale or lease and remain as public
highways for watercraft until vacated as provided for in this chapter.
The department shall appraise the value of ((such)) platted
tidelands and shorelands and enter ((such)) the appraisals in its
records ((in the office of the commissioner of public lands)).
Sec. 402 RCW 79.93.020 and 1982 1st ex.s. c 21 s 81 are each
amended to read as follows:
All alleys, streets, avenues, boulevards, waterways, and other
public places and highways ((heretofore)) located and platted on the
first-class tidelands and shorelands ((of the first class)), or harbor
areas, as provided by law, and not ((heretofore)) vacated as provided
by law, are ((hereby)) validated as public highways and dedicated to
the use of the public for the purposes for which they were intended,
subject ((however)) to vacation as provided for in this chapter.
Sec. 403 RCW 79.93.030 and 1982 1st ex.s. c 21 s 82 are each
amended to read as follows:
The department ((of natural resources shall have)) has the power to
approve plans for and authorize the construction of slopes, with rock,
riprap, or other protection, upon any state-owned aquatic lands
incident to the improvement of any abutting or adjacent street or
avenue by any city or town in this state.
Sec. 404 RCW 79.93.040 and 1984 c 221 s 21 are each amended to
read as follows:
If the United States government has established pierhead lines
within a waterway created under the laws of this state at any distance
from the boundaries established by the state, structures may be
constructed in that strip of waterway between the waterway boundary and
the nearest pierhead line only with the consent of the department ((of
natural resources)) and upon such plans, terms, and conditions and for
such term as determined by the department. However, no permit shall
extend for a period longer than thirty years.
The department may cancel any permit upon sixty days' notice for a
substantial breach by the permittee of any of the permit conditions.
If a waterway is within the territorial limits of a port district,
the duties assigned by this section to the department may be exercised
by the port commission of ((such)) the port district as provided in RCW
79.90.475 (as recodified by this act).
Nothing in this section shall confer upon, create, or recognize in
any abutting owner any right or privilege in or to any strip of
waterway abutting any street and between prolongations of the lines of
((such)) the street, but the control of and the right to use ((such))
the strip is ((hereby)) reserved to the state of Washington, except as
authorized by RCW 79.90.475 (as recodified by this act).
Sec. 405 RCW 79.93.050 and 1982 1st ex.s. c 21 s 84 are each
amended to read as follows:
All waterways excavated through any state-owned tidelands or
shorelands ((belonging to the state of Washington)) by virtue of the
provisions of chapter 99, Laws of 1893, so far as they run through
((said)) the tidelands or shorelands, are ((hereby)) declared to be
public waterways, free to all citizens upon equal terms, and subject to
the jurisdiction of the proper authorities, as otherwise provided by
law((: PROVIDED, That)). However, where tide gates or locks are
considered by the contracting parties excavating any waterways to be
necessary to the efficiency of the ((same)) waterway, the department
((of natural resources)) may, in its discretion, authorize ((such))
tide gates or locks to be constructed and may authorize the parties
constructing the ((same)) waterway to operate them and collect a
reasonable toll from vessels passing through ((said)) the tide gates or
locks((: PROVIDED FURTHER, That)). Further, the state of Washington
or the United States of America can, at any time, appropriate ((said))
the tide gates or locks upon payment to the parties erecting them of
the reasonable value of the ((same)) tide gates or locks at the date of
((such)) the appropriation, ((said)) reasonable value to be ascertained
and determined as in other cases of condemnation of private property
for public use.
Sec. 406 RCW 79.93.060 and 1984 c 221 s 22 are each amended to
read as follows:
If a waterway established under the laws of this state, or any
portion of the waterway, has not been excavated, or is not used for
navigation, or is not required in the public interest to exist as a
waterway, ((such)) the waterway or a portion ((thereof)) of the
waterway may be vacated by written order of the commissioner ((of
public lands)) upon request by ordinance or resolution of the city
council of the city in which such waterway is located or by resolution
of the port commission of the port district in which the waterway is
located. If the waterway or a portion ((thereof)) of the waterway
which is vacated is navigable water of the United States, or otherwise
within the jurisdiction of the United States, a copy of ((such)) the
resolution or ordinance, together with a copy of the vacation order of
the commissioner ((of public lands)) shall be submitted to the United
States army corps of engineers for their approval, and if they approve,
the waterway or a portion ((thereof)) of the waterway is vacated((:
PROVIDED, That)). However, if a port district owns property abutting
the waterway and the provisions of this section are otherwise
satisfied, the waterway, or the portion ((thereof)) of the waterway
that abuts the port district property, shall be vacated.
Upon ((such)) vacation of a waterway, the commissioner ((of public
lands)) shall notify the city in which the waterway is located, and the
city has the right, if otherwise permitted by RCW 79.94.150 (as
recodified by this act), to extend across the portions so vacated any
existing streets, or to select ((such)) portions of the waterway as the
city may desire for street purposes, in no case to exceed one hundred
fifty feet in width for any one street. ((Such)) The selection shall
be made within sixty days subsequent to the receipt of notice of the
vacation of the portion of the waterway.
If the city fails to make a selection within ((such)) the time, or
selects only a portion of the waterway, the title of the remaining
portions of the vacated waterway shall vest in the state, unless the
waterway is located within the territorial limits of a port district,
in which event, if otherwise permitted by RCW 79.94.150 (as recodified
by this act), the title shall vest in the port district. The title is
subject to any railroad or street railway crossings existing at the
time of ((such)) the vacation.
Sec. 501 RCW 79.94.020 and 1982 1st ex.s. c 21 s 87 are each
amended to read as follows:
It ((shall be)) is the duty of the department ((of natural
resources)) simultaneously with the establishment of harbor lines and
the determination of harbor areas in front of any city or town or as
soon ((thereafter)) as practicable to survey and plat all first-class
tidelands and shorelands ((of the first class)) not ((heretofore))
previously platted as provided in RCW 79.93.010 (as recodified by this
act).
Sec. 502 RCW 79.94.030 and 1982 1st ex.s. c 21 s 88 are each
amended to read as follows:
The department ((of natural resources)) may survey and plat any
second-class tidelands and shorelands ((of the second class)) not
((heretofore)) previously platted.
Sec. 503 RCW 79.94.040 and 1982 1st ex.s. c 21 s 89 are each
amended to read as follows:
The department ((of natural resources)) shall prepare plats showing
all tidelands and shorelands ((of the first class and second class)),
surveyed, platted, and appraised by it in the respective counties, on
which shall be marked the location of all ((such aquatic)) tidelands
and shorelands, with reference to the lines of the United States survey
of the abutting upland, and shall prepare ((in well bound books)) a
record of its proceedings, including a list of ((said)) the tidelands
and shorelands surveyed, platted, or replatted, and appraised by it and
its appraisal of the ((same)) tidelands and shorelands, which plats and
books shall be in triplicate and the department shall file one copy of
((such)) the plats and records in the department's Olympia office ((of
the commissioner of public lands)), and file one copy in the office of
the county auditor of the county where the lands platted, or replatted,
and appraised are situated, and file one copy in the office of the city
engineer of the city in which, or within two miles of which, the lands
platted, or replatted, are situated.
Sec. 504 RCW 79.94.050 and 1982 1st ex.s. c 21 s 90 are each
amended to read as follows:
In appraising tidelands or shorelands ((of the first class or
second class platted or replatted after March 26, 1895)), the
department ((of natural resources)) shall appraise each lot, tract, or
piece of land separately, and shall ((enter in a well bound book to be
kept in the office of the commissioner of public lands)) maintain a
description of each lot, tract, or piece of first or second-class
tidelands or shorelands ((of the first or second class)), its full
appraised value, the area and rate per acre at which it was appraised,
and if any lot is covered in whole or in part by improvements in actual
use for commerce, trade, residence, or business, on or prior to, the
date of the plat or replat, the department shall enter the name of the
owner, or reputed owner, the nature of the improvements, the area
covered by the improvements, the portion of each lot, tract, or piece
of land covered, and the appraised value of the land covered, with and
exclusive of, the improvements.
Sec. 505 RCW 79.94.060 and 1982 1st ex.s. c 21 s 91 are each
amended to read as follows:
(1) The department ((of natural resources)) shall, before filing in
the department's Olympia office ((of the commissioner of public lands))
the plat and record of appraisal of any tidelands or shorelands ((of
the first or second class)) platted and appraised by it, ((cause a
notice to be published)) publish a notice once each week for four
consecutive weeks in a newspaper published and of general circulation
in the county ((wherein)) where the lands covered by ((such)) the plat
and record are situated, stating that ((such)) the plat and record,
describing it, is complete and subject to inspection at the
department's Olympia office ((of the commissioner of public lands)),
and will be filed on a certain day to be named in the notice.
(2) Any person entitled to purchase under RCW 79.94.150 (as
recodified by this act) and claiming a preference right of purchase of
any of the tidelands or shorelands platted and appraised by the
department, and who feels aggrieved at the appraisement fixed by the
department upon ((such)) the lands, or any part thereof, may within
sixty days after the filing of ((such)) the plat and record in the
department's Olympia office ((of the commissioner)) (which shall be
done on the day fixed in ((said)) the notice), appeal from ((such)) the
appraisement to the superior court of the county in which the tidelands
or shorelands are situated, in the manner provided for taking appeals
from orders or decisions under RCW 79.90.400 (as recodified by this
act).
(3) The prosecuting attorney of any county, or city attorney of any
city, in which ((such)) the aquatic lands are located, shall at the
request of the governor, ((or of ten freeholders of the county or city,
in which such lands are situated,)) appeal on behalf of the state, or
the county, or city, from any ((such)) appraisal in the manner provided
in this section. Notice of ((such)) the appeal shall be served upon
the ((department of natural resources through the administrator))
commissioner, and ((it shall be his duty to)) the department must
immediately notify all persons entitled to purchase under RCW 79.94.150
(as recodified by this act) and claiming a preference right to purchase
the lands subject to the appraisement.
(4) Any party, other than the state or the county or city
appealing, shall execute a bond to the state with sufficient surety, to
be approved by the department ((of natural resources)), in the sum of
two hundred dollars conditioned for the payment of costs on appeal.
(5) The superior court to which an appeal is taken shall hear
evidence as to the value of the lands appraised and enter an order
confirming, or raising, or lowering the appraisal appealed from, and
the clerk of the court shall file a certified copy ((thereof)) in the
department's Olympia office ((of the commissioner of public lands)).
The appraisal fixed by the court shall be final.
Sec. 506 RCW 79.94.070 and 2000 c 11 s 29 are each amended to
read as follows:
(1) Upon platting and appraisal of first-class tidelands or
shorelands ((of the first class)) as provided in this chapter
((provided)), if the department ((of natural resources shall)) deems it
for the best public interest to offer ((said)) the first-class
tidelands or shorelands ((of the first class)) for lease, the
department shall ((cause a notice to be served upon)) notify the owner
of record of uplands fronting upon the tidelands or shorelands to be
offered for lease if ((he or she be)) the upland owner is a resident of
the state, or ((if he or she be)) the upland owner is a nonresident of
the state, shall mail to ((his or her)) the upland owner's last known
post office address, as reflected in the county records, a copy of the
notice notifying ((him or her)) the owner that the state is offering
((such)) the tidelands or shorelands for lease, giving a description of
those lands and the department's appraised fair market value of
((such)) the tidelands or shorelands for lease, and notifying ((such))
the owner that ((he or she)) the upland owner has a preference right to
apply to lease ((said)) the tidelands or shorelands at the appraised
value for the lease ((thereof)) for a period of sixty days from the
date of service of mailing of ((said)) the notice.
(2) If at the expiration of sixty days from the service or mailing
of the notice, as ((above)) provided in subsection (1) of this section,
there being no conflicting applications filed, and the owner of the
uplands fronting upon the tidelands or shorelands offered for lease,
has failed to avail ((himself or herself of his or her)) themselves of
their preference right to apply to lease or to pay to the department
the appraised value for lease of the tidelands or shorelands described
in ((said)) the notice, ((then in that event, said)) the tidelands or
shorelands may be offered for lease to any person and may be leased in
the manner provided for in the case of lease of state lands.
(3) If at the expiration of sixty days two or more claimants
asserting a preference right to lease ((shall)) have filed applications
to lease any tract, conflicting with each other, the conflict between
the claimants shall be equitably resolved by the department ((of
natural resources)) as the best interests of the state require in
accord with the procedures prescribed by chapter 34.05 RCW((:
PROVIDED, That)). However, any contract purchaser of lands or rights
therein, which upland qualifies the owner for a preference right under
this section, shall have first priority for ((such)) the preference
right.
Sec. 507 RCW 79.94.080 and 1982 1st ex.s. c 21 s 93 are each
amended to read as follows:
Any first-class tidelands or shorelands ((of the first class))
remaining unsold, and where there is no pending application for ((the))
purchase ((of the same)) under claim of any preference right, when
otherwise permitted under RCW 79.94.150 (as recodified by this act) to
be sold, shall be sold on the same terms and in the same manner as
provided for the sale of state lands for not less than the appraised
value fixed at the time of the application to purchase, and the
department ((of natural resources)) whenever it ((shall)) deems it
advisable and for the best interest of the state may reappraise
((such)) the lands in the same manner as provided for the appraisal of
state lands.
Sec. 508 RCW 79.94.090 and 1982 1st ex.s. c 21 s 94 are each
amended to read as follows:
All second-class tidelands((, other than first class,)) shall be
offered for sale, when otherwise permitted under RCW 79.94.150 (as
recodified by this act) to be sold, and sold in the same manner as
state lands, other than capitol building lands, but for not less than
five dollars per lineal chain, measured on the United States meander
line bounding the inner shore limit of ((such)) the tidelands, ((and
each applicant shall furnish a copy of the United States field notes,
certified to by the officer in charge thereof, of said meander line
with his application,)) and shall pay one-tenth of the purchase price
on the date of sale.
Sec. 509 RCW 79.94.100 and 1982 1st ex.s. c 21 s 95 are each
amended to read as follows:
Whenever all of the owners and other persons having a vested
interest in those tidelands or shorelands embraced within any plat of
tidelands or shorelands ((of the first or second class, heretofore or
hereafter platted or replatted,)) or within any portion of any ((such))
plat in which there are unsold state-owned tidelands or shorelands
((belonging to the state)), shall file a petition with the department
((of natural resources)) accompanied by proof of service of ((such))
the petition upon the city council, or other governing body, of the
city or town in which the tidelands or shorelands described in the
petition are situated, or upon the legislative body of the county in
which ((such)) the tidelands or shorelands outside of any incorporated
city or town are situated, asking for a replat of ((such)) the
tidelands or shorelands, the department is authorized and empowered to
replat ((said)) the tidelands or shorelands described in ((such)) the
petition, and all unsold tidelands or shorelands situated within
((such)) the replat shall be reappraised as provided for the original
appraisal of tidelands or shorelands((: PROVIDED, That)). However,
any streets or alleys embraced within ((such)) the plat or portion of
plat, vacated by the replat ((hereby authorized)) shall vest in the
owner or owners of the ((lands)) abutting ((thereon)) lands.
Sec. 510 RCW 79.94.110 and 1982 1st ex.s. c 21 s 96 are each
amended to read as follows:
If in the preparation of a replat provided for in RCW 79.94.100 (as
recodified by this act) by the department ((of natural resources)), it
becomes desirable to appropriate any tidelands or shorelands
((heretofore)) previously sold for use as streets, alleys, waterways,
or other public places, all persons interested in the title to ((such))
the tidelands or shorelands desired for public places shall join in the
dedication of ((such)) the replat before it shall become effective.
Sec. 511 RCW 79.94.120 and 1982 1st ex.s. c 21 s 97 are each
amended to read as follows:
If any platted street, alley, waterway, or other public place
((theretofore platted,)) is vacated by a replat as provided for in RCW
79.94.100 and 79.94.110 (as recodified by this act), or any new street,
alley, waterway, or other public place is so laid out as to leave
unsold tidelands or shorelands between ((such)) a new street, alley,
waterway, or other public place, and tidelands or shorelands
((theretofore)) previously sold, the owner of the adjacent tidelands or
shorelands ((theretofore sold)) shall have the preference right for
sixty days after the final approval of ((such)) the plat to purchase
the unsold tidelands or shorelands so intervening at the appraised
value ((thereof)), if otherwise permitted under RCW 79.94.150 (as
recodified by this act) to be sold.
Sec. 512 RCW 79.94.130 and 1982 1st ex.s. c 21 s 98 are each
amended to read as follows:
RCW 79.94.100 through 79.94.120 (as recodified by this act) are
intended to afford a method of procedure, in addition to other methods
provided in this ((chapter)) title for the vacation of streets, alleys,
waterways, and other public places platted on tidelands or shorelands
((of the first or second class)).
Sec. 513 RCW 79.94.140 and 1982 1st ex.s. c 21 s 99 are each
amended to read as follows:
A replat of tidelands or shorelands ((of the first or second class
heretofore, or hereafter,)) platted shall be in full force and effect
and shall constitute a vacation of streets, alleys, waterways, and
other dedicated public places ((theretofore dedicated)), when otherwise
permitted by RCW 79.94.150 (as recodified by this act), and the
dedication of new streets, alleys, waterways, and other public places
appearing upon ((such)) the replat, when the ((same)) replat is
recorded and filed as in the case of original plats.
Sec. 514 RCW 79.94.150 and 1982 1st ex.s. c 21 s 100 are each
amended to read as follows:
(1) This section ((shall apply)) applies to:
(a) First-class tidelands as defined in ((RCW 79.90.030)) section
102 of this act;
(b) Second-class tidelands as defined in ((RCW 79.90.035)) section
102 of this act;
(c) First-class shorelands as defined in ((RCW 79.90.040)) section
102 of this act;
(d) Second-class shorelands as defined in ((RCW 79.90.045)) section
102 of this act, except as included within RCW 79.94.210 (as recodified
by this act);
(e) Waterways as described in RCW 79.93.010 (as recodified by this
act).
(2) Notwithstanding any other provision of law, from and after
August 9, 1971, all state-owned tidelands and shorelands enumerated in
subsection (1) of this section ((owned by the state of Washington))
shall not be sold except to public entities as may be authorized by law
and they shall not be given away.
(3) Tidelands and shorelands enumerated in subsection (1) of this
section may be leased for a period not to exceed fifty-five years((:
PROVIDED, That)). However, nothing in this section shall be construed
as modifying or canceling any outstanding lease during its present
term.
(4) Nothing in this section shall:
(a) Be construed to cancel an existing sale contract;
(b) Prohibit sale or exchange of beds and shorelands where the
water course has changed and the area now has the characteristics of
uplands;
(c) Prevent exchange involving state-owned tidelands and
shorelands;
(d) Be construed to prevent the assertion of public ownership
rights in any publicly owned aquatic lands, or the leasing of such
aquatic lands when such leasing is not contrary to the statewide public
interest.
Sec. 515 RCW 79.94.160 and 1982 1st ex.s. c 21 s 101 are each
amended to read as follows:
The department ((of natural resources)) may with the advice and
approval of the board ((of natural resources)) sell state-owned
tidelands or shorelands at the appraised market value to any municipal
corporation or agency of the state of Washington when ((said)) the land
is to be used solely for municipal or state purposes((: PROVIDED,
That)). However, the department shall with the advice and approval of
the attorney general, execute ((such)) agreements, writings, or
relinquishments and certify to the governor such deeds as are necessary
or proper to affect ((such)) the sale or exchange.
Sec. 516 RCW 79.94.170 and 1982 1st ex.s. c 21 s 102 are each
amended to read as follows:
(1) The department may require the payment of a use and occupancy
fee in lieu of a lease where improvements have been placed without
authorization on state-owned aquatic lands.
(2) Nothing in ((RCW 79.94.150 and 79.94.170)) this section shall
be construed to prevent the assertion of public ownership rights in any
publicly owned aquatic lands, or the leasing of ((such)) the aquatic
lands when ((such)) the leasing is not contrary to the statewide public
interest.
((The department of natural resources may require the payment of a
use and occupancy fee in lieu of a lease where improvements have been
placed without authorization on publicly owned aquatic lands.))
Sec. 517 RCW 79.94.175 and 2003 c 334 s 447 are each amended to
read as follows:
Whenever application is made to the department by any incorporated
city or town or metropolitan park district for the use of any state-
owned tidelands or shorelands within the corporate limits of ((said))
the city or town or metropolitan park district for municipal park
and/or playground purposes, the department shall cause ((such)) the
application to be entered in the records of its office, and shall then
forward the ((same)) application to the governor, who shall appoint a
committee of five representative citizens of the city or town, in
addition to the commissioner and the director of ecology, both of whom
shall be ex officio members of the committee, to investigate the lands
and determine whether they are suitable and needed for ((such)) park or
playground purposes; and, if they so find, the commissioner shall
certify to the governor that the property shall be deeded, when in
accordance with RCW 79.94.150 and 79.94.160 (as recodified by this
act), to the city or town or metropolitan park district and the
governor shall then execute a deed in the name of the state of
Washington, attested by the secretary of state, conveying the use of
((such)) the lands to the city or town or metropolitan park district
for ((said)) park or playground purposes for so long as it shall
continue to hold, use, and maintain the lands for ((such)) park or
playground purposes.
Sec. 518 RCW 79.94.181 and 2003 c 334 s 448 are each amended to
read as follows:
In the event there are no state-owned tidelands or shorelands in
any ((such)) city or town or metropolitan park district suitable for
the purposes of RCW 79.94.175 (as recodified by this act) and the
committee finds other lands ((therein)) which are suitable and needed
((therefor)) for parks or playgrounds, the department is ((hereby))
authorized to secure the ((same)) lands by exchanging state-owned
tidelands or shorelands of equal value in the same county ((of equal
value therefor)), and the use of the lands so secured shall be conveyed
to any ((such)) city or town or metropolitan park district as provided
for in RCW 79.94.175 (as recodified by this act). In all ((such))
exchanges the department is ((hereby)) authorized and directed, with
the assistance of the attorney general, to execute ((such)) agreements,
writings, relinquishments, and deeds as are necessary or proper for the
purpose of carrying ((such)) the exchanges into effect. Upland owners
shall be notified of ((such)) the state-owned tidelands or shorelands
to be exchanged.
Sec. 519 RCW 79.94.185 and 1988 c 127 s 34 are each amended to
read as follows:
The director of ecology, in addition to serving as an ex officio
member of ((any such)) the committee, is ((hereby)) authorized and
directed to assist ((any such)) the city or town or metropolitan park
district in the development and decoration of any lands so conveyed and
to furnish trees, grass, flowers, and shrubs therefor.
Sec. 520 RCW 79.94.210 and 1989 c 378 s 3 and 1989 c 175 s 171
are each reenacted and amended to read as follows:
(1) The legislature finds that maintaining public lands in public
ownership is often in the public interest. However, when second-class
shorelands on navigable lakes have minimal public value, the sale of
those shorelands to the abutting upland owner may not be contrary to
the public interest((: PROVIDED, That)). However, the purpose of this
section is to remove the prohibition contained in RCW 79.94.150 (as
recodified by this act) regarding the sale of second-class shorelands
to abutting owners, whose uplands front on the shorelands. Nothing
contained in this section shall be construed to otherwise affect the
rights of interested parties relating to public or private ownership of
shorelands within the state.
(2) Notwithstanding the provisions of RCW 79.94.150 (as recodified
by this act), the department ((of natural resources)) may sell second-
class shorelands on navigable lakes to abutting owners whose uplands
front upon the shorelands in cases where the board ((of natural
resources)) has determined that these sales would not be contrary to
the public interest. These shorelands shall be sold at fair market
value, but not less than five percent of the fair market value of the
abutting upland, less improvements, to a maximum ((depth)) distance of
one hundred and fifty feet landward from the line of ordinary high
water.
(3) Review of the decision of the department regarding the sale
price established for a shoreland to be sold pursuant to this section
may be obtained by the upland owner by filing a petition with the board
of tax appeals created in accordance with chapter 82.03 RCW within
thirty days after the mailing of notification by the department to the
owner regarding the price. The board of tax appeals shall review
((such)) the cases in an adjudicative proceeding as described in
chapter 34.05 RCW, the administrative procedure act, and the board's
review shall be de novo. Decisions of the board of tax appeals
regarding fair market values determined pursuant to this section shall
be final unless appealed to the superior court pursuant to RCW
34.05.510 through 34.05.598.
Sec. 521 RCW 79.94.220 and 1982 1st ex.s. c 21 s 107 are each
amended to read as follows:
In every case where the state of Washington had prior to June 13,
1913, sold to any purchaser from the state any second-class shorelands
bordering upon navigable waters of this state by description
((wherein)) where the water boundary of the purchased shorelands ((so
purchased)) is not defined, ((such)) the water boundary shall be the
line of ordinary navigation in ((such)) the water; and whenever
((such)) the waters have been or shall ((hereafter)) be lowered by any
action done or authorized either by the state of Washington or the
United States, ((such)) the water boundary shall ((thereafter)) be the
line of ordinary navigation as the ((same)) water boundary shall be
found in ((such)) the waters after ((such)) the lowering, and there is
((hereby)) granted and confirmed to every ((such)) purchaser, ((his))
the purchaser's heirs and assigns, all ((such)) the lands((: PROVIDED
HOWEVER, That)). However, RCW 79.94.220 and 79.94.230 (as recodified
by this act) shall not apply to ((such)) the portions of ((such)) the
second-class shorelands which shall, as provided by RCW 79.94.230 (as
recodified by this act), be selected by the department ((of natural
resources)) for harbor areas, slips, docks, wharves, warehouses,
streets, avenues, parkways and boulevards, alleys, or other public
purposes((: PROVIDED FURTHER, That)). Further, all shorelands and the
bed of Lake Washington from the southerly margin of the plat of Lake
Washington shorelands southerly along the westerly shore of ((said))
the lake to a line three hundred feet south of and parallel with the
east and west center line of section 35, township 24 north, range 4
east, W.M., are ((hereby)) reserved for public uses and are ((hereby))
granted and donated to the city of Seattle for public park, parkway,
and boulevard purposes, and as a part of its public park, parkway, and
boulevard system and any diversion or attempted diversion of ((such))
the lands so donated from such purposes shall cause the title to
((said)) the lands to revert to the state.
Sec. 522 RCW 79.94.230 and 1982 1st ex.s. c 21 s 108 are each
amended to read as follows:
It ((shall be)) is the duty of the department ((of natural
resources)) to survey ((such)) the second-class shorelands and in
platting ((such)) the survey to designate ((thereon as selected)) for
public use all of ((such)) the shorelands as in the opinion of the
department is available, convenient, or necessary to be selected for
the use of the public as harbor areas, sites for slips, docks, wharves,
warehouses, streets, avenues, parkways and boulevards, alleys, and
other public purposes.
Upon the filing of ((such)) the plat in the department's Olympia
office ((of the commissioner of public lands)), the title to all harbor
areas so selected shall remain in the state, the title to all
selections for streets, avenues, and alleys shall vest in any city or
town within the corporate limits of which they ((may be then situate))
are situated, otherwise in the county in which ((situate)) they are
situated, the title to and control of any lands so selected and
designated upon ((such)) the plat for parkways and boulevard purposes
shall, if the ((same)) lands lie outside of the corporate limits of any
city or town and if the ((same)) lands form a part of the general
parkway and boulevard system of a first-class city ((of the first
class, be)) lie in ((such)) the city, and the title to all selections
for slips, docks, wharves, warehouses, and other public purposes shall
vest in the port district if they ((be situate)) are situated in a port
district, otherwise in the county in which ((situate)) they are
situated.
Sec. 523 RCW 79.94.240 and 1982 1st ex.s. c 21 s 109 are each
amended to read as follows:
It ((shall be)) is the duty of the department ((of natural
resources)) to plat for the public use harbor area in front of ((such))
the portions of the shorelands of Lake Washington ((heretofore)) sold
as second-class shorelands by the state of Washington as in the opinion
of the department are necessary for the use of the public as harbor
area((: PROVIDED HOWEVER, That)). However, RCW 79.94.240 and
79.94.250 (as recodified by this act) shall not be construed to
authorize the department to change the location of any inner or outer
harbor line or the boundaries or location of, or to replat any harbor
area ((heretofore)) platted under and by virtue of sections 1 and 2,
chapter 183, Laws of 1913, and the title to all shorelands
((heretofore)) purchased from the state as second-class shorelands is
((hereby)) confirmed to ((such)) the purchaser, ((his)) the purchaser's
heirs and assigns, out to the inner harbor line ((heretofore))
established and platted under sections 1 and 2, chapter 183, Laws of
1913, or which shall be established and platted under RCW 79.94.230 and
79.94.250 (as recodified by this act), and all reservations shown upon
the plat made and filed pursuant to sections 1 and 2, chapter 183, Laws
of 1913, are declared null and void, except reservations shown
((thereon)) for harbor area, and reservations in ((such)) the harbor
area, and reservations across shorelands for traversed streets which
were extensions of streets existing across shorelands at the time of
filing of such plat. ((Said)) The department shall in platting
((said)) the harbor area make a new plat showing all the harbor area on
Lake Washington already platted under ((said)) sections 1 and 2,
chapter 183, Laws of 1913, and under sections 1 and 2, chapter 150,
Laws of 1917, and upon the adoption of any new plat by the board ((of
natural resources)) acting as the harbor line commission, and the
filing of ((said)) the plat in the department's Olympia office ((of the
commissioner of public lands)), the title to all ((such)) the harbor
areas so selected shall remain in the state of Washington, and ((such))
the harbor areas shall not be sold, but may be leased as provided for
by law relating to the leasing of ((such)) the harbor area.
Sec. 524 RCW 79.94.250 and 1982 1st ex.s. c 21 s 110 are each
amended to read as follows:
Immediately after establishing the harbor area provided for in RCW
79.94.240 (as recodified by this act), it ((shall be)) is the duty of
the department ((of natural resources)) to make a plat designating
((thereon)) all first and second-class shorelands, ((of the first and
second class,)) not ((theretofore)) sold by the state of Washington,
and to select for the use of the public out of ((such)) the shorelands,
or out of harbor areas ((in front thereof)), sites for slips, docks,
wharves, warehouses, streets, avenues, parkways, boulevards, alleys,
commercial waterways, and other public purposes, insofar as ((such))
the shorelands may be available for any or all ((such)) public
purposes.
Upon the filing of ((such)) the plat of shorelands with ((such))
the reservations and selections ((thereon)) in the department's Olympia
office ((of the commissioner of public lands)), the title to all
selections for streets, avenues, and alleys shall vest in any city or
town within the corporate limits of which they ((may be then situate))
are situated, otherwise in the county in which they are ((situate))
situated. The title to and control of any land so selected and
designated upon ((such)) the plat for parkway and boulevard purposes
shall, if the ((same)) lands lie outside the corporate limits of any
city or town, and if the ((same)) lands form a part of the general
parkway and boulevard system of the first-class city ((of the first
class)), be in ((such)) the city. The title to all selections for
commercial waterway purposes shall vest in the commercial waterway
district in which ((situate)) they are situated, or for which selected,
and the title to all selections for slips, docks, wharves, warehouses,
and other purposes shall vest in the port district if they ((be
situate)) are situated in a port district, otherwise in the county in
which they are situated, and any sales of ((such)) the shorelands when
otherwise permitted by law shall be made subject to ((such)) the
selection and reservation for public use.
Sec. 525 RCW 79.94.260 and 1982 1st ex.s. c 21 s 111 are each
amended to read as follows:
(1) If application is made to purchase or lease any second-class
shorelands ((of the second class)) and the department ((of natural
resources shall)) deems it for the best public interest to offer
((said)) second-class shorelands ((of the second class)) for sale or
lease, the department shall cause a notice to be served upon the
abutting upland owner if ((he be)) the owner is a resident of the
state, or if the upland owner ((be)) is a nonresident of the state,
shall mail to ((his)) the owner's last known post office address, as
reflected in the county records a copy of a notice notifying ((him))
the owner that the state is offering ((such)) the shorelands for sale
or lease, giving a description of the department's appraised fair
market value of ((such)) the shorelands for sale or lease, and
notifying ((such)) the upland owner that he or she has a preference
right to purchase, if ((such)) the purchase is otherwise permitted
under RCW 79.94.150 (as recodified by this act), or lease ((said)) the
shorelands at the appraised value ((thereof)) for a period of thirty
days from the date of the service or mailing of ((said)) the notice.
If at the expiration of the thirty days from the service or mailing of
the notice, as provided in this section, the abutting upland owner has
failed to ((avail himself of his)) exercise the preference right to
purchase, as otherwise permitted under RCW 79.94.150 (as recodified by
this act), or lease, or to pay to the department the appraised value
for sale or lease of the shorelands described in ((said)) the notice,
then in that event, except as otherwise provided in this section,
((said)) the shorelands may be offered for sale, when otherwise
permitted under RCW 79.94.150 (as recodified by this act), or offered
for lease, and sold or leased in the manner provided for the sale or
lease of state lands, as otherwise permitted under this chapter.
(2) The department ((of natural resources)) shall authorize the
sale or lease, whether to abutting upland owners or others, only if
((such)) the sale or lease would be in the best public interest and is
otherwise permitted under RCW 79.94.150 (as recodified by this act).
It is the intent of the legislature that whenever it is in the best
public interest, the second-class shorelands ((of the second class))
managed by the department ((of natural resources)) shall not be sold
but shall be maintained in public ownership for the use and benefit of
the people of the state.
(3) In all cases where application is made for the lease of any
second-class shorelands adjacent to upland, under the provisions of
this section, the ((same)) shorelands shall be leased per lineal chain
frontage((, and the United States field notes of the meander line shall
accompany each application as required for the sale of such lands, and
when application is made for the lease of second class shorelands
separated from the upland by navigable waters, the application shall be
accompanied by the plat and field notes of a survey of the lands
applied for, as required with applications for the purchase of such
lands)).
(4) If, following an application by the abutting upland owner to
either purchase as otherwise permitted under RCW 79.94.150 (as
recodified by this act) or to obtain an exclusive lease at appraised
full market value or rental, the department deems that ((such)) the
sale or lease is not in the best public interest, or if property rights
in state-owned second-class shorelands are at any time withdrawn, sold,
or assigned in any manner authorized by law to a public agency for a
use by the general public, the department shall within one hundred and
eighty days from receipt of ((such)) the application to purchase or
lease, or on reaching a decision to withdraw, sell, or assign such
shorelands to a public agency, and: (((1))) (a) Make a formal finding
that the body of water adjacent to ((such)) the shorelands is
navigable; (((2))) (b) find that the state or the public has an
overriding interest inconsistent with a sale or exclusive lease to a
private person, and specifically identify ((such)) the interest and the
factor or factors amounting to ((such)) the inconsistency; and (((3)))
(c) provide for the review of ((said)) the decision in accordance with
the procedures prescribed by chapter 34.05 RCW.
(5) Notwithstanding ((the above provisions)) subsections (1)
through (4) of this section, the department may cause any of ((such))
the shorelands to be platted as is provided for the platting of first-class shorelands ((of the first class)), and when so platted ((such))
the lands shall be sold, when otherwise permitted under RCW 79.94.150
(as recodified by this act) to be sold, or leased in the manner
provided for the sale or lease of first-class shorelands ((of the first
class)).
Sec. 526 RCW 79.94.270 and 1982 1st ex.s. c 21 s 112 are each
amended to read as follows:
((Tide or shore lands of the)) Second-class ((which)) tidelands and
shorelands that are separated from the upland by navigable waters shall
be sold, when otherwise permitted under RCW 79.94.150 (as recodified by
this act) to be sold, but in no case at less than five dollars per
acre. An applicant to purchase ((such)) the tidelands or shorelands
shall, at ((his)) the applicant's own expense, survey and file with
((his)) the application a plat of the surveys of the land applied for,
which survey shall be connected with, and the plat shall show, two or
more connections with the United States survey of the uplands, and the
applicant shall file the field notes of the survey of ((said)) the land
with ((his)) the application. The department ((of natural resources))
shall examine and test ((said)) the plat and field notes of the survey,
and if found incorrect or indefinite, it shall cause the ((same))
survey to be corrected or may reject the ((same)) survey and cause a
new survey to be made.
Sec. 527 RCW 79.94.280 and 1982 1st ex.s. c 21 s 113 are each
amended to read as follows:
(1) The department ((of natural resources)) is authorized to lease
to the abutting upland owner any unplatted first-class tidelands or
shorelands.
(2) The department shall, prior to the issuance of any lease under
the provisions of this section, fix the annual rental for ((said)) the
tidelands or shorelands and prescribe the terms and conditions of the
lease. No lease issued under the provisions of this section shall be
for a longer term than ten years ((from the date thereof)), and every
((such)) lease shall be subject to termination upon ninety days' notice
to the lessee in the event that the department shall decide that it is
in the best interest of the state that ((such)) the tidelands or
shorelands be surveyed and platted. At the expiration of any lease
issued under the provisions of this section, the lessee or ((his)) the
lessee's successors or assigns shall have a preference right to re-lease the lands covered by the original lease or any portion
((thereof)) of the lease, if the department ((shall)) deems it to be in
the best interests of the state to re-lease the ((same)) lands, for
succeeding periods not exceeding five years each at ((such)) the rental
and upon ((such)) the terms and conditions as may be prescribed by
((said)) the department.
(3) In case the abutting uplands are not improved and occupied for
residential purposes and the abutting upland owner has not filed an
application for the lease of ((such)) the lands, the department may
lease the ((same)) lands to any person for booming purposes under the
terms and conditions of this section((: PROVIDED, That)). However,
failure to use for booming purposes any lands leased under this section
for such purposes for a period of one year shall work a forfeiture of
((such)) the lease and ((such)) the land shall revert to the state
without any notice to the lessee upon the entry of a declaration of
forfeiture in the records of the department ((of natural resources)).
Sec. 528 RCW 79.94.290 and 1982 1st ex.s. c 21 s 114 are each
amended to read as follows:
(1) The department ((of natural resources)) is authorized to lease
any second-class tidelands or shorelands, whether reserved from sale,
or from lease for other purposes, by or under authority of law, or not,
except any oyster reserve containing oysters in merchantable
quantities, to any person, for booming purposes, for any term not
exceeding ten years from the date of ((such)) the lease, for ((such))
annual rental and upon ((such)) terms and conditions as the department
may fix and determine, and may also provide for forfeiture and
termination of any ((such)) lease at any time for failure to pay the
fixed rental or for any violation of the terms or conditions
((thereof)).
(2) The lessee of any ((such)) lands for booming purposes shall
receive, hold, and sort the logs and other timber products of all
persons requesting ((such)) the service and upon the same terms and
without discrimination, and may charge and collect tolls for ((such))
the service not to exceed seventy-five cents per thousand feet scale
measure on all logs, spars, or other large timber and reasonable rates
on all other timber products, and shall be subject to the same duties
and liabilities, so far as the ((same)) duties and liabilities are
applicable, as are imposed upon boom companies organized under the laws
of the state((: PROVIDED, That)). However, failure to use any lands
leased under the provisions of this section for booming purposes for a
period of one year shall work a forfeiture of ((such)) the lease, and
((such)) the lands shall revert to the state without any notice to the
lessee upon the entry of a declaration of forfeiture in the records of
the department.
(3) At the expiration of any lease issued under the provisions of
this section, the lessee shall have the preference right to re-lease
the lands covered by ((his)) the lessee's original lease for a further
term, not exceeding ten years, at ((such)) the rental and upon ((such))
the terms and conditions as may be prescribed by the department ((of
natural resources)).
Sec. 529 RCW 79.94.300 and 1982 1st ex.s. c 21 s 115 are each
amended to read as follows:
All preference rights to purchase tidelands or shorelands ((of the
first or second class)), when otherwise permitted by RCW 79.94.150 (as
recodified by this act) to be purchased, awarded by the department ((of
natural resources)), or by the superior court in case of appeal from
the award of the department, shall be exercised by the parties to whom
the award is made within thirty days from the date of the service of
notice of the award by registered mail, by the payment to the
department of the sums required by law to be paid for a contract, or
deed, as in the case of the sale of state lands, other than capitol
building lands, and upon failure to make ((such)) the payment ((such))
the preference rights shall expire.
Sec. 530 RCW 79.94.310 and 1982 1st ex.s. c 21 s 116 are each
amended to read as follows:
Any accretions that may be added to any tract or tracts of
tidelands or shorelands ((of the first or second class heretofore))
previously sold, or that may ((hereafter)) be sold, by the state, shall
belong to the state and shall not be sold, or offered for sale, unless
otherwise permitted by this chapter to be sold, and unless the
accretions ((shall have been first)) are surveyed under the direction
of the department ((of natural resources: PROVIDED, That)). However,
the owner of the adjacent tidelands or shorelands shall have the
preference right to purchase ((said)) the lands produced by accretion,
when otherwise permitted by RCW 79.94.150 (as recodified by this act)
to be sold, for thirty days after ((said)) the owner of the adjacent
tidelands or shorelands shall have been notified by registered mail of
((his)) the owner's preference right to purchase ((such)) the accreted
lands.
Sec. 531 RCW 79.94.320 and 1982 1st ex.s. c 21 s 117 are each
amended to read as follows:
(1) In case any lessee of tidelands or shorelands, for any purpose
except mining of valuable minerals or coal, or extraction of petroleum
or gas, or ((his)) the lessee's successor in interest, shall after the
expiration of any lease, fail to purchase, when otherwise permitted
under RCW 79.94.150 (as recodified by this act) to be purchased, or re-lease from the state the tidelands or shorelands formerly covered by
((his)) the lease, when the ((same)) lands are offered for sale or re-lease, then and in that event the department ((of natural resources))
shall appraise and determine the value of all improvements existing
upon ((such)) the tidelands or shorelands at the expiration of the
lease which are not capable of removal without damage to the land,
including the cost of filling and raising ((said)) the property above
high tide, or high water, whether filled or raised by the lessee or
((his)) the lessee's successors in interest, or by virtue of any
contract made with the state, and also including the then value to the
land of all existing local improvements paid for by ((such)) the lessee
or ((his)) the lessee's successors in interest. In case the lessee or
((his)) the lessee's successor in interest is dissatisfied with the
appraised value of ((such)) the improvements as determined by the
department, ((he)) the lessee shall have the right of appeal to the
superior court of the county ((wherein said)) where the tidelands or
shorelands are situated, within the time and according to the method
prescribed in RCW 79.90.400 (as recodified by this act) for taking
appeals from decisions of the department.
(2) In case ((such)) the tidelands or shorelands are leased, or
sold, to any person other than such lessee or ((his)) the lessee's
successor in interest, within three years from the expiration of the
former lease, the bid of ((such)) the subsequent lessee or purchaser
shall not be accepted until payment is made by ((such)) the subsequent
lessee or purchaser of the appraised value of the improvements as
determined by the department, or as may be determined on appeal, to
((such)) the former lessee or ((his)) the former lessee's successor in
interest.
(3) In case ((such)) the tidelands or shorelands are not leased, or
sold, within three years after the expiration of ((such)) the former
lease, then in that event, ((such)) the improvements existing on the
lands at the time of any subsequent lease, shall belong to the state
and be considered a part of the land, and shall be taken into
consideration in appraising the value, or rental value, of the land and
sold or leased with the land.
Sec. 532 RCW 79.94.330 and 1982 1st ex.s. c 21 s 118 are each
amended to read as follows:
The department ((of natural resources)) is ((hereby)) authorized to
locate in all navigable rivers in this state which are subject to tidal
flow, the line dividing the tidelands in ((such)) the river from the
shorelands in ((such)) the river, and ((such)) the classification or
the location of ((such)) the dividing line shall be final and not
subject to review, and the department shall enter the location of
((said)) the line upon the plat of the tidelands and shorelands
affected.
Sec. 533 RCW 79.94.390 and 2003 c 39 s 42 are each amended to
read as follows:
The following described tidelands, being public lands of the state,
are withdrawn from sale or lease and reserved as public areas for
recreational use and for the taking of fish and shellfish for personal
use as defined in RCW 77.08.010:
Parcel No. 1. (Point Whitney) The second-class tidelands ((of the
second class)), owned by the state of Washington, situate in front of,
adjacent to or abutting upon lots 3, 4, and 5, section 7, township 26
north, range 1 west, W.M., with a frontage of 72.45 lineal chains, more
or less.
Excepting, however, those portions of the above-described second-class tidelands ((of the second class)) conveyed to the state of
Washington, department of fish and wildlife through deed issued May 14,
1925, under application No. 8136, records of department of public
lands.
Parcel No. 2. (Point Whitney) The second-class tidelands ((of the
second class)) lying below the line of mean low tide, owned by the
state of Washington, situate in front of lot 1, section 6, township 26
north, range 1 west, W.M., with a frontage of 21.00 lineal chains, more
or less; also
The second-class tidelands ((of the second class)), owned by the
state of Washington, situate in front of, adjacent to, or abutting upon
lots 6 and 7, and that portion of lot 5, section 1, township 26 north,
range 1 west, W.M., lying south of a line running due west from a point
on the government meander line which is S 22° E 1.69 chains from an
angle point in said meander line which is S 15° W 1.20 chains, more or
less, from the point of intersection of the north line of said lot 5
and ((said)) the meander line, with a frontage of 40.31 lineal chains,
more or less.
Parcel No. 3. (Toandos Peninsula) The second-class tidelands ((of
the second class)), owned by the state of Washington, situate in front
of, adjacent to, or abutting upon lots 1, 2, and 3, section 5, lots 1,
2, and 3, section 4, and lot 1, section 3, all in township 25 north,
range 1 west, W.M., with a frontage of 158.41 lineal chains, more or
less.
Parcel No. 4. (Shine) The second-class tidelands ((of the second
class)), owned by the state of Washington, situate in front of,
adjacent to, or abutting upon lots 1, 2, 3 and that portion of lot 4
lying north of the south 8.35 chains ((thereof)) as measured along the
government meander line, all in section 35, township 28 north, range 1
east, W.M., with a frontage of 76.70 lineal chains, more or less.
Subject to an easement for right of way for county road granted to
Jefferson county December 8, 1941, under application No. 1731, records
of department of public lands.
Parcel No. 5. (Lilliwaup) The second-class tidelands ((of the
second class)), owned by the state of Washington, lying easterly of the
east line of vacated state oyster reserve plat No. 133 produced
southerly and situate in front of, adjacent to, or abutting upon lot 9,
section 30, lot 8, section 19 and lot 5 and the south 20 acres of lot
4, section 20, all in township 23 north, range 3 west, W.M., with a
frontage of 62.46 lineal chains, more or less.
Subject to easements for rights of way for state road granted
through the filing of state road plats No. 374 December 15, 1930, No.
661, March 29, 1949, and No. 666 August 25, 1949, records of department
of public lands.
Parcel No. 6. (Nemah) Those portions of the second-class tidelands
((of the second class)), owned by the state of Washington, situate in
front of, adjacent to, or abutting upon lots 5, 6, and 7, section 3 and
lots 1, 2, and 3, section 4, township 12 north, range 10 west, W.M.,
lots 1, 2, 3, and 4, section 34, section 27 and lots 1, 2, 3 and 4,
section 28, township 13 north, range 10 west, W.M., lying easterly of
the easterly line of the Nemah Oyster reserve and easterly of the
easterly line of a tract of second-class tidelands ((of the second
class)) conveyed through deed issued July 28, 1938, pursuant to the
provisions of chapter 24, Laws of 1895, under application No. 9731,
with a frontage of 326.22 lineal chains, more or less.
Parcels No. 7 and 8. (Penn Cove) The unplatted first and second-class tidelands ((of the first class, and tidelands of the second
class)), owned by the state of Washington, situate in front of,
adjacent to, or abutting upon lots 1 and 2, section 33, lots 1, 2, 3,
and 4, section 32, lots 2 and 3 and the B.P. Barstow D.L.C. No. 49,
sections 30 and 31 and that portion of the R.H. Lansdale D.L.C. No. 54
in section 30, lying west of the east 3.00 chains thereof as measured
along the government meander line, all in township 32 north, range 1
east, W.M., with a frontage of 260.34 lineal chains, more or less.
Excepting, however, the tidelands above the line of mean low tide
in front of said lot 1, section 32 which were conveyed as second-class
tidelands ((of the second class)) through deed issued December 29,
1908, application No. 4957, records of department of public lands.
Subject to an easement for right of way for transmission cable line
granted to the United States of America Army Engineers June 7, 1943,
under application No. 17511, records of department of public lands.
Parcel No. 9. (South of Penn Cove) The second-class tidelands ((of
the second class)), owned by the state of Washington, situate in front
of, adjacent to, or abutting upon lots 2, 3 and 4, section 17 and lots
1, 2 and 3, section 20, township 31 north, range 2 east, W.M., with a
frontage of 129.97 lineal chains, more or less.
Parcel No. 10. (Mud Bay--Lopez Island) The second-class tidelands
((of the second class)), owned by the state of Washington situate in
front of, adjacent to, or abutting upon lots 5, 6 and 7, section 18,
lot 5, section 7 and lots 3, 4, and 5, section 8, all in township 34
north, range 1 west, W.M., with a frontage of 172.11 lineal chains,
more or less.
Excepting, however, any second-class tideland ((of the second
class)) in front of said lot 3, section 8 conveyed through deeds issued
April 14, 1909, pursuant to the provisions of chapter 24, Laws of 1895,
under application No. 4985, records of department of public lands.
Parcel No. 11. (Cattle Point) The second-class tidelands ((of the
second class)), owned by the state of Washington, situate in front of,
adjacent to, or abutting upon lot 1, section 6, lots 1, 3, 4, 5, 6, 7,
8, 9, and 10, section 7, lots 1, 2, 3, 4, 5, 6 and 7, section 8 and lot
1, section 5, all in township 34 north, range 2 west, W.M., with a
frontage of 463.88 lineal chains, more or less.
Excepting, however, any second-class tidelands ((of the second
class)) in front of said lot 10, section 7 conveyed through deed issued
June 1, 1912, under application No. 6906, records of department of
public lands.
Parcel No. 12. (Spencer Spit) The second-class tidelands ((of the
second class)), owned by the state of Washington, situate in front of,
adjacent to, or abutting upon lots 1, 3, and 4, section 7, and lot 5,
section 18 all in township 35 north, range 1 west, W.M., with a
frontage of 118.80 lineal chains, more or less.
Sec. 534 RCW 79.94.400 and 1994 c 264 s 67 are each amended to
read as follows:
The director of fish and wildlife may take appropriate action to
provide public and private access, including roads and docks, to and
from the tidelands described in RCW 79.94.390 (as recodified by this
act).
Sec. 535 RCW 79.94.410 and 1982 1st ex.s. c 21 s 126 are each
amended to read as follows:
The use of any ((tide and shore lands)) tidelands, shorelands, and
abutting bedlands covered with less than four fathoms of water at
ordinary low tide belonging to the state, and adjoining and bordering
on any tract, piece, or parcel of land, which may have been reserved or
acquired, or which may ((hereafter)) be reserved or acquired, by the
government of the United States, for the purposes of erecting and
maintaining ((thereon)) forts, magazines, arsenals, dockyards, navy
yards, prisons, penitentiaries, lighthouses, fog signal stations,
aviation fields, or other aids to navigation, may be ((and the same is
hereby)) granted to the United States, upon payment for ((such)) the
rights, so long as the upland adjoining ((such)) the tidelands or
shorelands shall continue to be held by the government of the United
States for any of the public purposes above mentioned((: PROVIDED,
That)). However, this grant shall not extend to or include any aquatic
lands covered by more than four fathoms of water at ordinary low tide;
and shall not be construed to prevent any citizen of the state from
using ((said)) the lands for the taking of food fishes so long as
((such)) the fishing does not interfere with the public use of them by
the United States.
Sec. 536 RCW 79.94.420 and 1982 1st ex.s. c 21 s 127 are each
amended to read as follows:
Whenever application is made to the department ((of natural
resources)) by any department of the United States government for the
use of any state-owned tidelands or shorelands ((belonging to the
state)) and adjoining and bordering on any upland held by the United
States for any of the purposes mentioned in RCW 79.94.410 (as
recodified by this act), upon proof being made to ((said)) the
department ((of natural resources)), that ((such)) the uplands are so
held by the United States for such purposes, and upon payment for
((such)) the land, it shall cause ((such)) the fact to be entered in
the records of the ((office of the commissioner of public lands))
department and the department shall certify ((such)) the fact to the
governor who will execute a deed in the name of the state, attested by
the secretary of state, conveying the use of ((such)) the lands, for
such purposes, to the United States, so long as it shall continue to
hold for ((said)) the public purposes the uplands adjoining ((said))
the tidelands and shorelands.
Sec. 537 RCW 79.94.430 and 1982 1st ex.s. c 21 s 128 are each
amended to read as follows:
Whenever application is made to the department ((of natural
resources)), by any department of the United States government, for the
use of any state-owned tidelands or shorelands ((belonging to the
state)), for any public purpose, and ((said)) the department shall be
satisfied that the United States requires or may require the use of
((such)) the tidelands or shorelands for ((such)) the public purposes,
((said)) the department may reserve ((such)) the tidelands or
shorelands from public sale and grant the use of them to the United
States, upon payment for ((such)) the land, so long as it may require
the use of them for ((such)) the public purposes. In such a case, the
department shall execute an easement to the United States, which grants
the use of ((said)) the tidelands or shorelands to the United States,
so long as it shall require the use of them for ((said)) the public
purpose.
Sec. 538 RCW 79.94.440 and 1982 1st ex.s. c 21 s 129 are each
amended to read as follows:
Whenever the United States shall cease to hold and use any uplands
for the use and purposes mentioned in RCW 79.94.410 (as recodified by
this act), or shall cease to use any tidelands or shorelands for the
purpose mentioned in RCW 79.94.430 (as recodified by this act), the
grant or easement of ((such)) the tidelands or shorelands shall be
terminated ((thereby)), and ((said)) the tidelands or shorelands shall
revert to the state without resort to any court or tribunal.
Sec. 601 RCW 79.95.010 and 1987 c 271 s 2 are each amended to
read as follows:
(1) Except as provided in RCW 79.95.060 (as recodified by this
act), the department ((of natural resources)) may lease to the abutting
tidelands or shorelands owner or lessee, the beds of navigable waters
lying below the line of extreme low tide in waters where the tide ebbs
and flows, and below the line of navigability in lakes and rivers
claimed by the state and defined in ((section 1,)) Article XVII,
section 1 of the state Constitution ((of the state)).
(2) In case the abutting tidelands or shorelands or the abutting
uplands are not improved or occupied for residential or commercial
purposes, the department may lease ((such)) the beds to any person for
a period not exceeding ten years for booming purposes.
(3) Nothing in this chapter shall change or modify any of the
provisions of the state Constitution or laws of the state which provide
for the leasing of harbor areas and the reservation of lands lying in
front ((thereof)) of harbor areas.
Sec. 602 RCW 79.95.020 and 1982 1st ex.s. c 21 s 131 are each
amended to read as follows:
(1) The department ((of natural resources)) shall, prior to the
issuance of any lease under the provisions of this chapter, fix the
annual rental and prescribe the terms and conditions of the lease((:
PROVIDED, That)). However, in fixing ((such)) the rental, the
department shall not take into account the value of any improvements
((heretofore or hereafter)) placed upon the lands by the lessee.
(2) No lease issued under the provisions of this chapter shall be
for a term longer than thirty years from the date thereof if in front
of second-class tidelands or shorelands; or a term longer than ten
years if in front of unplatted first-class tidelands or shorelands
leased under the provisions of RCW 79.94.280 (as recodified by this
act), in which case ((said)) the lease shall be subject to the same
terms and conditions as provided for in the lease of ((such)) the
unplatted first-class tidelands or shorelands. Failure to use those
beds leased under the provisions of this chapter for booming purposes,
for a period of two years shall work a forfeiture of ((said)) the lease
and the land shall revert to the state without notice to the lessee
upon the entry of a declaration of forfeiture in the records of the
((commissioner of public lands)) department.
Sec. 603 RCW 79.95.030 and 1982 1st ex.s. c 21 s 132 are each
amended to read as follows:
The applicant for a lease under the provisions of this chapter
shall first obtain from the United States army corps of engineers or
other federal regulatory agency, a permit to place structures or
improvements in ((said)) the navigable waters and file with the
department ((of natural resources)) a copy of ((said)) the permit. No
structures or improvements shall be constructed beyond a point
authorized by the army corps of engineers or the department ((of
natural resources)) and any construction beyond authorized limits will
work a forfeiture of all rights granted by the terms of any lease
issued under the provisions of this chapter. The applicant shall also
file plans and specifications of any proposed improvements to be placed
upon ((such)) the areas with the department ((of natural resources)),
((said)) the plans and specifications to be the same as provided for in
the case of the lease of harbor areas.
Sec. 604 RCW 79.95.040 and 1982 1st ex.s. c 21 s 133 are each
amended to read as follows:
At the expiration of any lease issued under the provisions of this
chapter, the lessee or ((his)) the lessee's successors or assigns,
shall have a preference right to re-lease all or part of the area
covered by the original lease ((or any portion thereof)) if the
department ((of natural resources)) deems it to be in the best interest
of the state to re-lease the ((same)) area. Such re-lease shall be for
((such)) the term as specified by the provisions of this chapter, and
at ((such)) the rental and upon ((such)) the conditions as may be
prescribed by the department((: PROVIDED, That)). However, if
((such)) the preference right is not exercised, the rights and
obligations of the lessee, the department ((of natural resources)), and
any subsequent lessee shall be the same as provided in RCW 79.94.320
(as recodified by this act) relating to failure to re-lease tidelands
or shorelands. Any person who prior to June 11, 1953, had occupied and
improved an area subject to lease under this chapter and has secured a
permit for ((such)) the improvements from the United States army corps
of engineers, or other federal regulatory agency, shall have the rights
and obligations of a lessee under this section upon the filing of a
copy of ((such)) the permit together with plans and specifications of
((such)) the improvements with the department ((of natural resources)).
Sec. 605 RCW 79.95.050 and 1987 c 271 s 1 are each amended to
read as follows:
The legislature recognizes the importance of economic development
in the state of Washington, and finds that the location of a United
States Navy base in Everett, Washington will enhance economic
development. The legislature finds that the state should not assume
liability or risks resulting from any action taken by the United States
Navy, now or in the future associated with the dredge disposal program
for that project known as confined aquatic disposal (CAD). The
legislature also recognizes the importance of improving water quality
and cleaning up pollution in Puget Sound. The legislature ((hereby))
declares these actions to be a public purpose necessary to protect the
health, safety, and welfare of its citizens, and to promote economic
growth and improve environmental quality in the state of Washington.
The United States Navy proposes to commence the Everett home port
project immediately.
Sec. 606 RCW 79.95.060 and 1987 c 271 s 3 are each amended to
read as follows:
(1) Upon application by the United States Navy, and upon
verification of the legal description and compliance with the intent of
this chapter, the commissioner ((of public lands)) is authorized to
lease bedlands in Port Gardner Bay for a term of thirty years so the
United States Navy can utilize a dredge spoil site solely for purposes
related to construction of the United States Navy base at Everett.
(2) The lease shall reserve for the state uses of the property and
associated waters which are not inconsistent with the use of the bed by
the Navy as a disposal site. The lease shall include conditions under
which the Navy:
(a) Will agree to hold the state of Washington harmless for any
damage and liability relating to, or resulting from, the use of the
property by the Navy; and
(b) Will agree to comply with all terms and conditions included in
the applicable state of Washington section 401 water quality
certification issued under the authority of the Federal Clean Water Act
(33 U.S.C. Sec. 1251, et seq.), all terms and conditions of the army
corps of engineers section 404 permit (33 U.S.C. Sec. 1344), and all
requirements of statutes, regulations, and permits relating to water
quality and aquatic life in Puget Sound and Port Gardner Bay, including
all reasonable and appropriate terms and conditions of any permits
issued under the authority of the Washington state shoreline management
act (chapter 90.58 RCW) and any applicable shoreline master program.
(3) The ability of the state of Washington to enforce the terms and
conditions specified in subsection (2)(b) of this section shall
include, but not be limited to: (a) The terms and conditions of the
lease; (b) the section 401 water quality certification under the Clean
Water Act, 33 U.S.C. Sec. 1251, et seq.; (c) the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec.
9601, et seq.; (d) the Resource Conservation and Recovery Act, 42
U.S.C. Sec. 6901, et seq.; or (e) any other applicable federal or state
law.
Sec. 701 RCW 79.96.010 and 1993 c 295 s 1 are each amended to
read as follows:
(1) The beds of all navigable tidal waters in the state lying below
extreme low tide, except as prohibited by ((section 1,)) Article XV,
section 1 of the ((Washington)) state Constitution shall be subject to
lease for the purposes of planting and cultivating oyster beds, or for
the purpose of cultivating clams or other edible shellfish, or for
other aquaculture use, for periods not to exceed thirty years.
(2) Nothing in this section shall prevent any person from leasing
more than one parcel, as offered by the department.
Sec. 702 RCW 79.96.020 and 1982 1st ex.s. c 21 s 135 are each
amended to read as follows:
Any person desiring to lease tidelands or beds of navigable waters
for the purpose of planting and cultivating oyster beds, or for the
purpose of cultivating clams and other edible shellfish, shall file
with the department ((of natural resources)), on a proper form, an
application in writing signed by the applicant and accompanied by a map
of the lands desired to be leased, describing the lands by metes and
bounds tied to at least two United States government corners, and by
((such)) the reference to local geography as shall suffice to convey a
knowledge of the location of the lands with reasonable accuracy to
persons acquainted with the vicinity, and accompanied by a deposit of
ten dollars ((which)). The deposit shall be returned to the applicant
in case a lease is not granted.
Sec. 703 RCW 79.96.030 and 1994 c 264 s 68 are each amended to
read as follows:
(1) The department ((of natural resources)), upon the receipt of an
application for a lease for the purpose of planting and cultivating
oyster beds or for the purpose of cultivating clams or other edible
shellfish, shall notify the director of fish and wildlife of the filing
of the application describing the tidelands or beds of navigable waters
applied for. The director of fish and wildlife shall cause an
inspection of the lands applied for to be made and shall make a full
report to the department ((of natural resources)) of ((his or her)) the
director's findings as to whether it is necessary, in order to protect
existing natural oyster beds, and to secure adequate seeding
((thereof)) of the lands, to retain the lands described in the
application for lease or any part ((thereof)) of the lands, and in the
event the director deems it advisable to retain the lands or any part
((thereof)) of the lands for the protection of existing natural oyster
beds or to guarantee the continuance of an adequate seed stock for
existing natural oyster beds, the ((same)) lands shall not be subject
to lease. However, if the director determines that the lands applied
for or any part ((thereof)) of the lands may be leased, the director
shall so notify the department ((of natural resources)) and the
director shall cause an examination of the lands to be made to
determine the presence, if any, of natural oysters, clams, or other
edible shellfish on ((said)) the lands, and to fix the rental value of
the lands for use for oyster, clam, or other edible shellfish
cultivation. In ((his or her)) the report to the department, the
director shall recommend a minimum rental for ((said)) the lands and an
estimation of the value of the oysters, clams, or other edible
shellfish, if any, then present on the lands applied for. The lands
approved by the director for lease may then be leased to the applicant
for a period of not less than five years nor more than ten years at a
rental not less than the minimum rental recommended by the director of
fish and wildlife. In addition, before entering upon possession of the
land, the applicant shall pay the value of the oysters, clams, or other
edible shellfish, if any, then present on the land as determined by the
director, plus the expense incurred by the director in investigating
the quantity of oysters, clams, or other edible shellfish, present on
the land applied for.
(2) When issuing new leases or reissuing existing leases the
department shall not permit the commercial harvest of subtidal
hardshell clams by means of hydraulic escalating when the upland within
five hundred feet of any lease tract is zoned for residential
development.
Sec. 704 RCW 79.96.040 and 1994 c 264 s 69 are each amended to
read as follows:
Before entering into possession of any leased tidelands or beds of
navigable waters, the applicant shall ((cause the same to be)) have the
lands surveyed by a registered land surveyor, and ((he or she)) the
applicant shall furnish to the department ((of natural resources)) and
to the director of fish and wildlife, a map of the leased premises
signed and certified by the registered land surveyor. The lessee shall
also ((cause)) mark the boundaries of the leased premises ((to be
marked)) by piling monuments or other markers of a permanent nature as
the director of fish and wildlife may direct.
Sec. 705 RCW 79.96.050 and 1994 c 264 s 70 are each amended to
read as follows:
The department ((of natural resources)) may, upon the filing of an
application for a renewal lease, ((cause)) inspect the tidelands or
beds of navigable waters ((to be inspected)), and if ((he or she)) the
department deems it in the best interests of the state to re-lease
((said)) the lands, ((he or she)) the department shall issue to the
applicant a renewal lease for ((such)) a further period not exceeding
thirty years and under ((such)) the terms and conditions as may be
determined by the department((: PROVIDED, That)). However, in the
case of an application for a renewal lease it shall not be necessary
for the lands to be inspected and reported upon by the director of fish
and wildlife.
Sec. 706 RCW 79.96.060 and 1982 1st ex.s. c 21 s 139 are each
amended to read as follows:
All leases of tidelands and beds of navigable waters for the
purpose of planting and cultivating oysters, clams, or other edible
shellfish shall expressly provide that if at any time after the
granting of ((said)) the lease, the described lands ((described
therein)) shall cease to be used for the purpose of oyster beds, clam
beds, or other edible shellfish beds, they shall ((thereupon)) revert
to and become the property of the state and that the ((same)) lands are
leased only for the purpose of cultivating oysters, clams, or other
edible shellfish thereon, and that the state reserves the right to
enter upon and take possession of ((said)) the lands if at any time the
((same)) lands are used for any other purpose than the cultivation of
oysters, clams, or other edible shellfish.
Sec. 707 RCW 79.96.070 and 1982 1st ex.s. c 21 s 140 are each
amended to read as follows:
If from any cause any lands leased for the purpose of planting and
cultivating oysters, clams, or other edible shellfish ((shall)) become
unfit and valueless for any such purposes, the lessee or ((his)) the
lessee's assigns, upon certifying ((such)) the fact under oath to the
department ((of natural resources)), together with the fact that ((he))
the lessee has abandoned ((such)) the land, shall be entitled to make
application for other lands for such purposes.
Sec. 708 RCW 79.96.080 and 2003 c 39 s 43 are each amended to
read as follows:
(1) Geoducks shall be sold as valuable materials under the
provisions of chapter 79.90 RCW (as recodified by this act). After
confirmation of the sale, the department ((of natural resources)) may
enter into an agreement with the purchaser for the harvesting of
geoducks. The department ((of natural resources)) may place terms and
conditions in the harvesting agreements as the department deems
necessary. The department ((of natural resources)) may enforce the
provisions of any harvesting agreement by suspending or canceling the
harvesting agreement or through any other means contained in the
harvesting agreement. Any geoduck harvester may terminate a harvesting
agreement entered into pursuant to this subsection if actions of a
governmental agency, beyond the control of the harvester, its agents,
or its employees, prohibit harvesting, for a period exceeding thirty
days during the term of the harvesting agreement, except as provided
within the agreement. Upon ((such)) termination of the agreement by
the harvester, the harvester shall be reimbursed by the department ((of
natural resources)) for the cost paid to the department on the
agreement, less the value of the harvest already accomplished by the
harvester under the agreement.
(2) Harvesting agreements under this title for the purpose of
harvesting geoducks shall require the harvester and the harvester's
agent or representatives to comply with all applicable commercial
diving safety standards and regulations promulgated and implemented by
the federal occupational safety and health administration established
under the federal occupational safety and health act of 1970 as
((such)) the law exists or as ((hereafter)) amended (84 Stat. 1590 et
seq.; 29 U.S.C. Sec. 651 et seq.)((: PROVIDED, That)). However, for
the purposes of this section and RCW 77.60.070 ((as now or hereafter
amended)), all persons who dive for geoducks are deemed to be employees
as defined by the federal occupational safety and health act. All
harvesting agreements shall provide that failure to comply with these
standards is cause for suspension or cancellation of the harvesting
agreement((: PROVIDED FURTHER, That)). Further, for the purposes of
this subsection if the harvester contracts with another person or
entity for the harvesting of geoducks, the harvesting agreement shall
not be suspended or canceled if the harvester terminates its business
relationship with such an entity until compliance with this subsection
is secured.
Sec. 709 RCW 79.96.085 and 1990 c 163 s 5 are each amended to
read as follows:
The department ((of natural resources)) shall designate the areas
of state-owned aquatic lands ((owned by the state)) that are available
for geoduck harvesting by licensed geoduck harvesters in accordance
with chapter 79.90 RCW (as recodified by this act).
Sec. 710 RCW 79.96.090 and 1982 1st ex.s. c 21 s 142 are each
amended to read as follows:
The department ((of natural resources)) is ((hereby)) authorized to
lease first or second-class tidelands which have ((heretofore)) been or
((which may hereafter be)) that are set aside as state oyster reserves
in the same manner as provided elsewhere in this chapter for the lease
of those lands.
Sec. 711 RCW 79.96.100 and 1994 c 264 s 71 are each amended to
read as follows:
The department ((of natural resources)), upon the receipt of an
application for the lease of any first or second-class state-owned
tidelands ((owned by the state which have heretofore or which may
hereafter be)) that are set aside as state oyster reserves, shall
notify the director of fish and wildlife of the filing of the
application describing the lands applied for. It ((shall be)) is the
duty of the director of fish and wildlife to ((cause an inspection of))
inspect the reserve ((to be made)) for the purpose of determining
whether ((said)) the reserve or any part ((thereof)) of the reserve
should be retained as a state oyster reserve or vacated.
Sec. 712 RCW 79.96.110 and 2001 c 273 s 4 are each amended to
read as follows:
(1) In the event that the fish and wildlife commission approves the
vacation of the whole or any part of a reserve, the department ((of
natural resources)) may vacate and offer for lease ((such)) the parts
or all of the reserve as it deems to be for the best interest of the
state, and all moneys received for the lease of ((such)) the lands
shall be paid to the department ((of natural resources)).
(2) Notwithstanding RCW 77.60.020, subsection (1) of this section,
or any other provision of state law, the state oyster reserves in Eld
Inlet, Hammersley Inlet, or Totten Inlet, situated in Mason or Thurston
counties shall permanently be designated as state oyster reserve lands.
Sec. 713 RCW 79.96.120 and 1982 1st ex.s. c 21 s 145 are each
amended to read as follows:
Upon an application to purchase the reserved and reversionary
rights of the state in any tidelands sold under the provisions of
chapter 24 ((of the)), Laws of 1895, or chapter 25 ((of the)), Laws of
1895, or chapter 165 ((of the)), Laws of 1919, or either ((such)) the
reserved or reversionary right if only one exists, being filed in the
department's Olympia office ((of the commissioner of public lands)) by
the owner of ((such)) the tidelands, accompanied by an abstracter's
certificate, or other evidence of the applicant's title to ((such)) the
lands, the department ((of natural resources)), if it finds the
applicant is the owner of the tidelands, is authorized to inspect,
appraise, and sell, if otherwise permitted under RCW 79.94.150 (as
recodified by this act), for not less than the appraised value, such
reserved or reversionary rights of the state to the applicant, and upon
payment of the purchase price to cause a deed to be issued ((therefor))
as in the case of the sale of state lands, or upon the payment of one-fifth of the purchase price, to issue a contract of sale ((therefor)),
providing that the remainder of the purchase price may be paid in four
equal annual installments, with interest on deferred payments at the
rate of six percent per annum, or sooner at the election of the
contract holder, which contract shall be subject to cancellation by the
department ((of natural resources)) for failure to comply with its
provisions, and upon the completion of the payments as provided in
((such)) the contract to cause a deed to the lands described in the
contract to be issued to the holder ((thereof)) as in the case of the
sale of state lands.
Sec. 714 RCW 79.96.130 and 1994 c 264 s 73 are each amended to
read as follows:
(1) If a person wrongfully takes shellfish or causes shellfish to
be wrongfully taken from the public lands and the wrongful taking is
intentional and knowing, ((then)) the person ((shall be)) is liable for
damages of treble the fair market retail value of the amount of
shellfish wrongfully taken. If a person wrongfully takes shellfish
from the public lands under other circumstances, ((then)) the person
((shall be)) is liable for damages of double the fair market value of
the amount of shellfish wrongfully taken.
(2) For purposes of this section, a person "wrongfully takes"
shellfish from public lands if the person takes shellfish: (a) Above
the limits of any applicable laws that govern the harvest of shellfish
from public lands; (b) without reporting the harvest to the department
of fish and wildlife or the department ((of natural resources)) where
((such)) the reporting is required by law or contract; (c) outside the
area or above the limits that an agreement or contract from the
department ((of natural resources)) allows the harvest of shellfish
from public lands; or (d) without a lease or purchase of the shellfish
where ((such)) the lease or purchase is required by law prior to
harvest of the shellfish.
(3) The remedies in this section are for civil damages and shall be
proved by a preponderance of the evidence. The department ((of natural
resources)) may file a civil action in Thurston county superior court
or the county where the shellfish were taken against any person liable
under this section. Damages recovered under this section shall be
applied in the same way as received under geoduck harvesting agreements
authorized by RCW 79.96.080 (as recodified by this act).
(4) For purposes of the remedies created by this section, the
amount of shellfish wrongfully taken by a person may be established
either:
(a) By surveying the aquatic lands to reasonably establish the
amount of shellfish taken from the immediate area where a person is
shown to have been wrongfully taking shellfish;
(b) By weighing the shellfish on board any vessel or in possession
of a person shown to be wrongfully taking shellfish; or
(c) By any other evidence that reasonably establishes the amount of
shellfish wrongfully taken.
The amount of shellfish established by (a) or (b) of this
subsection shall be presumed to be the amount wrongfully taken unless
the defendant shows by a preponderance of evidence that the shellfish
were lawfully taken or that the defendant did not take the shellfish
presumed to have been wrongfully taken. Whenever there is reason to
believe that shellfish in the possession of any person were wrongfully
taken, the department ((of natural resources)) or the department of
fish and wildlife may require the person to proceed to a designated
off-load point and to weigh all shellfish in possession of the person
or on board the person's vessel.
(5) This civil remedy is supplemental to the state's power to
prosecute any person for theft of shellfish, for other crimes where
shellfish are involved, or for violation of ((regulations)) rules of
the department of fish and wildlife.
Sec. 715 RCW 79.96.210 and 2003 c 334 s 442 are each amended to
read as follows:
(1) The maximum daily wet weight harvest or possession of seaweed
for personal use from all state-owned aquatic lands ((as defined under
RCW 79.90.010)) and all privately owned tidelands is ten pounds per
person. The department in cooperation with the department of fish and
wildlife may establish seaweed harvest limits of less than ten pounds
for conservation purposes. This section shall in no way affect the
ability of any state agency to prevent harvest of any species of marine
aquatic plant from lands under its control, ownership, or management.
(2) Except as provided under subsection (3) of this section,
commercial harvesting of seaweed from state-owned aquatic lands ((as
defined under RCW 79.90.010)), and all privately owned tidelands is
prohibited. This subsection shall in no way affect commercial seaweed
aquaculture.
(3) Upon mutual approval by the department and the department of
fish and wildlife, seaweed species of the genus Macrocystis may be
commercially harvested for use in the herring spawn-on-kelp fishery.
(4) Importation of seaweed species of the genus Macrocystis into
Washington state for the herring spawn-on-kelp fishery is subject to
the fish and shellfish disease control policies of the department of
fish and wildlife. Macrocystis shall not be imported from areas with
fish or shellfish diseases associated with organisms that are likely to
be transported with Macrocystis. The department shall incorporate this
policy on Macrocystis importation into its overall fish and shellfish
disease control policies.
Sec. 716 RCW 79.96.220 and 2003 c 334 s 443 and 2003 c 53 s 380
are each reenacted and amended to read as follows:
(1) It is unlawful to exceed the harvest and possession
restrictions imposed under RCW 79.96.210 (as recodified by this act).
(2) A violation of this section is a misdemeanor, and a violation
taking place on state-owned aquatic lands is subject to the provisions
of RCW 79.02.300.
(3) A person committing a violation of this section on private
tidelands which he or she owns is liable to the state for treble the
amount of damages to the seaweed resource, and a person trespassing on
((private)) privately owned tidelands and committing a violation of
this section is liable to the private tideland owner for treble the
amount of damages to the seaweed resource. Damages recoverable
include, but are not limited to, damages for the market value of the
seaweed, for injury to the aquatic ecosystem, and for the costs of
restoration. In addition, the person is liable for reimbursing the
injured party for the party's reasonable costs, including but not
limited to investigative costs and reasonable attorneys' fees and other
litigation-related costs.
Sec. 717 RCW 79.96.230 and 2003 c 334 s 444 are each amended to
read as follows:
The department of fish and wildlife and law enforcement authorities
may enforce the provisions of RCW 79.96.210 and 79.96.220 (as
recodified by this act).
Sec. 718 RCW 79.96.906 and 1994 c 264 s 74 are each amended to
read as follows:
The department ((of natural resources)) may enter into agreements
with the department of fish and wildlife for the development of an
intensive management plan for geoducks including the development and
operation of a geoduck hatchery.
((The department of natural resources shall evaluate the progress
of the intensive geoduck management program and provide a written
report to the legislature by December 1, 1990, for delivery to the
appropriate standing committees. The evaluation shall determine the
benefits and costs of continued operation of the program, and shall
discuss alternatives including continuance, modification, and
termination of the intensive geoduck management program.))
NEW SECTION. Sec. 801 (1) When the department decides to sell
any valuable materials situated within or upon any state-owned aquatic
lands, it is the duty of the department to fix the date, place, and
time of sale, and no sale shall be had on any day that is a legal
holiday.
(2) The department shall give notice of the sale by advertisement
published once a week for four consecutive weeks immediately preceding
the date fixed for sale in the notice, in at least one newspaper
published and of general circulation in the county in which the whole
or any part of any lot, block, or tract of land containing the valuable
material to be sold is situated, and by causing a copy of the notice to
be posted in a conspicuous place in the department's Olympia office and
the region headquarters administering the sale.
(3) The notice shall: (a) Specify the place and time of sale; (b)
estimate the volume of valuable materials; (c) state the appraised
value; (d) describe with particularity each parcel of land from which
valuable materials are to be sold; and (e) specify that the terms of
sale will be posted in the area headquarters and the department's
Olympia office.
NEW SECTION. Sec. 802 The department shall print a list of
valuable materials contained within or upon state-owned aquatic lands,
giving appraised value, character of the land, and such other
information as may be of interest to prospective buyers. The lists
must be issued at least four weeks prior to the date of any sale. The
department shall retain for free distribution in its office in Olympia
and the regional offices sufficient copies of the lists, to be kept in
a conspicuous place or receptacle on the counter of the general and
regional office of the department, and, when requested, shall mail
copies of the list as issued to any applicant.
NEW SECTION. Sec. 803 The department is authorized to expend any
sum in additional advertising of the sale as is determined to be in the
best interests of the state.
NEW SECTION. Sec. 804 Any sale that has been offered, and for
which there are no bids received, shall not be reoffered until it has
been readvertised as specified in sections 801 through 803 of this act.
If all sales cannot be offered within the specified time on the
advertised date, the sale shall continue on the following day between
the hours of ten o'clock a.m. and four o'clock p.m.
NEW SECTION. Sec. 805 All sales of valuable materials shall be
at public auction or by sealed bid to the highest responsible bidder,
on the terms prescribed by law and as specified in the notice provided,
and no land or materials shall be sold for less than their appraised
value. However:
(1) When valuable material has been appraised at an amount not
exceeding one hundred thousand dollars, the department, when authorized
by the board, may arrange for the sale at public auction of said
valuable material and for its removal under such terms and conditions
as the department may prescribe, after the department shall have caused
to be published not less than ten days prior to sale a notice of such
sale in a newspaper of general circulation located nearest to the
property to be sold;
(2) Any sale of valuable material on state-owned aquatic lands of
an appraised value of ten thousand dollars or less may be sold directly
to the applicant for cash without notice or advertising.
NEW SECTION. Sec. 806 (1) To determine the "highest responsible
bidder" under section 805 of this act, the department shall be entitled
to consider, in addition to price, the following:
(a) The financial and technical ability of the bidder to perform
the contract;
(b) Whether the bid contains material defects;
(c) Whether the bidder has previously or is currently complying
with terms and conditions of any other contracts with the state or
relevant contracts with entities other than the state;
(d) Whether the bidder was the "highest responsible bidder" for a
sale within the previous five years but failed to complete the sale,
such as by not entering into a resulting contract or by not paying the
difference between the deposit and the total amount due. However,
sales that were bid prior to January 1, 2003, may not be considered for
the purposes of this subsection (1)(d);
(e) Whether the bidder has been convicted of a crime relating to
the public lands or natural resources of the state of Washington, the
United States, or any other state, tribe, or country, where
"conviction" includes a guilty plea, or unvacated forfeiture of bail;
(f) Whether the bidder is owned, controlled, or managed by any
person, partnership, or corporation that is not responsible under this
statute; and
(g) Whether the subcontractors of the bidder, if any, are
responsible under this statute.
(2) Whenever the department has reason to believe that the apparent
high bidder is not a responsible bidder, the department may award the
sale to the next responsible bidder or the department may reject all
bids pursuant to section 808 of this act.
NEW SECTION. Sec. 807 (1) Sales by public auction under this
chapter shall be conducted under the direction of the department, by
its authorized representative. The department's representatives are
referred to as auctioneers.
(2) On or before the time specified in the notice of sale each
bidder shall deposit with the auctioneer, in cash or by certified
check, cashier's check, or postal money order payable to the order of
the department, or by bid guarantee in the form of bid bond acceptable
to the department, an amount equal to the deposit specified in the
notice of sale. The deposit shall include a specified amount of the
appraised price for the valuable materials offered for sale, together
with any fee required by law for the issuance of contracts or bills of
sale. The deposit may, when prescribed in the notice of sale, be
considered an opening bid of an amount not less than the minimum
appraised price established in the notice of sale. The successful
bidder's deposit will be retained by the auctioneer and the difference,
if any, between the deposit and the total amount due shall on the day
of the sale be paid in cash, certified check, cashier's check, draft,
postal money order, or by personal check made payable to the
department. If a bid bond is used, the share of the total deposit due
guaranteed by the bid bond shall, within ten days of the day of sale,
be paid in cash, certified check, cashier's check, draft, or postal
money order payable to the department. Other deposits, if any, shall
be returned to the respective bidders at the conclusion of each sale.
(3) The auctioneer shall deliver to the purchaser a memorandum of
purchase containing a description of the materials purchased, the price
bid, and the terms of the sale.
(4) The auctioneer shall at once send to the department the cash,
certified check, cashier's check, draft, postal money order, or bid
guarantee received from the purchaser, and a copy of the memorandum
delivered to the purchaser, together with such additional report of the
auctioneer's proceedings with reference to the sales as may be required
by the department.
NEW SECTION. Sec. 808 (1) A sale of valuable materials shall be
confirmed if:
(a) No affidavit showing that the interest of the state in such a
sale was injuriously affected by fraud or collusion, is filed with the
department's Olympia office within ten days from the receipt of the
report of the auctioneer conducting the sale;
(b) It appears from the report that the sale was fairly conducted,
that the purchaser was the highest responsible bidder at the sale, and
that the sale price is not less than the appraised value of the
property sold;
(c) The department is satisfied that the material sold would not,
upon being readvertised and offered for sale, sell for a substantially
higher price; and
(d) The payment required by law to be made at the time of making
the sale has been made, and that the best interests of the state are
being served.
(2) Upon confirming a sale, the department shall enter upon its
records the confirmation of sale and issue to the purchaser a contract
of sale or bill of sale as the case may be, as is provided for in this
chapter.
NEW SECTION. Sec. 809 In no case shall any valuable materials
situated within or upon any tidelands, shorelands, or beds of navigable
waters belonging to the state, be offered for sale unless the same
shall have been appraised by the department of natural resources within
ninety days prior to the date fixed for the sale.
Sec. 901 RCW 79.97.010 and 1989 c 23 s 1 are each amended to read
as follows:
The legislature finds that the public health and safety is
threatened by an increase in the amount of plastic garbage being
deposited in the waters and on the shores of the state. To address
this growing problem, the commissioner ((of public lands)) appointed
the marine plastic debris task force which presented a state action
plan in October 1988. It is necessary for the state of Washington to
implement the action plan in order to:
(1) Cleanup and prevent further pollution of the state's waters and
aquatic lands;
(2) Increase public awareness;
(3) Coordinate federal, state, local, and private efforts;
(4) Foster the stewardship of the aquatic lands of the state.
Sec. 902 RCW 79.97.020 and 1989 c 23 s 2 are each amended to read
as follows:
As used in this chapter:
(1) "Department" means the department of natural resources.
(2) "Action plan" means the marine plastic debris action plan of
October 1988 as presented to the commissioner ((of public lands)) by
the marine plastic debris task force.
Sec. 903 RCW 79.97.030 and 1994 c 264 s 65 are each amended to
read as follows:
The department shall have the authority to coordinate
implementation of the action plan with appropriate state agencies
including the parks and recreation commission and the departments of
ecology and fish and wildlife. The department is authorized to
((promulgate)) adopt, in consultation with affected agencies, the
necessary rules to provide for the cleanup and to prevent pollution of
the waters of the state and aquatic lands by plastic and other marine
debris.
Sec. 904 RCW 79.97.050 and 1989 c 23 s 5 are each amended to read
as follows:
The department is the designated agency to coordinate
implementation of the action plan and is authorized to hire such
employees as are necessary to coordinate the action plan among state
and federal agencies, the private sector, and interested public groups
and organizations. The department is authorized to contract, through
an open bidding process, with interested parties to act as the
information clearinghouse for marine plastic debris related issues.
Sec. 905 RCW 79.97.060 and 1989 c 23 s 6 are each amended to read
as follows:
The department is authorized to accept, receive, disburse, and
administer grants or funds or gifts from any source including private
individuals, public entities, and the federal government to supplement
the funds ((hereby)) appropriated to carry out the purposes of this
chapter.
NEW SECTION. Sec. 1001 This act is intended to make technical
amendments to certain codified statutes that deal with the department
of natural resources. Any statutory changes made by this act should be
interpreted as technical in nature and not be interpreted to have any
substantive policy implications.
NEW SECTION. Sec. 1002 Part headings and subchapter headings
used in this act are not any part of the law.
NEW SECTION. Sec. 1003 A new chapter is added to Title
(1) "General provisions" as follows:
RCW 79.90.450;
Section 101 of this act;
RCW 79.90.455;
RCW 79.90.545;
RCW 79.90.546; and
Section 102 of this act.
(2) "General use, sale, and lease provisions" as follows:
RCW 79.90.090;
RCW 79.90.100;
RCW 79.90.120;
RCW 79.90.410;
RCW 79.90.370;
RCW 79.90.245; and
RCW 79.90.400.
(3) "Leasing and rental rates" as follows:
RCW 79.94.170;
RCW 79.90.460;
RCW 79.90.470;
Section 144 of this act;
RCW 79.90.480;
RCW 79.90.485;
RCW 79.90.490;
RCW 79.90.500;
Section 151 of this act;
RCW 79.90.505;
RCW 79.90.510;
RCW 79.90.515;
RCW 79.90.520;
RCW 79.90.525;
RCW 79.90.530;
RCW 79.90.535; and
RCW 79.90.540.
(4) "Other conveyances" as follows:
RCW 79.90.457;
RCW 79.90.580;
RCW 79.90.475; and
RCW 79.90.105.
(5) "Dredged material disposal" as follows:
RCW 79.90.550;
RCW 79.90.555; and
RCW 79.90.560.
(6) "Other management provisions" as follows:
RCW 79.90.565;
RCW 79.90.900;
RCW 79.90.901; and
RCW 79.90.902.
NEW SECTION. Sec. 1004 RCW 79.90.080 is recodified as a section
in chapter 43.30 RCW.
NEW SECTION. Sec. 1005 A new chapter is added to Title
(1) "Easements for removal of valuable materials" as follows:
RCW 79.91.010;
RCW 79.91.020;
RCW 79.91.030;
RCW 79.91.040;
RCW 79.91.050;
RCW 79.91.060; and
RCW 79.91.070.
(2) "Rights of way for roads, bridges, and trestles" as follows:
RCW 79.91.080;
RCW 79.91.090;
RCW 79.91.100;
RCW 79.91.110; and
RCW 79.91.120.
(3) "Rights of way for utility lines" as follows:
RCW 79.91.130;
RCW 79.91.140;
RCW 79.91.150;
Section 216 of this act; and
RCW 79.90.575.
(4) "Rights of way for irrigation, diking, and drainage/overflow
rights" as follows:
RCW 79.91.160;
RCW 79.91.170;
RCW 79.91.180;
RCW 79.91.190;
RCW 79.91.200;
RCW 79.91.210; and
RCW 79.91.900.
NEW SECTION. Sec. 1006 A new chapter is added to Title
(1) "Harbor line establishment and relocation" as follows:
RCW 79.92.010;
RCW 79.92.020;
RCW 79.92.030;
RCW 79.92.035; and
RCW 79.90.390.
(2) "Harbor area leases" as follows:
RCW 79.92.060;
RCW 79.92.070;
RCW 79.92.080;
RCW 79.92.090;
RCW 79.92.100;
RCW 79.92.110; and
RCW 79.92.900.
NEW SECTION. Sec. 1007 A new chapter is added to Title
RCW 79.93.010;
RCW 79.93.020;
RCW 79.93.030;
RCW 79.93.040;
RCW 79.93.050;
RCW 79.93.060; and
RCW 79.93.900.
NEW SECTION. Sec. 1008 A new chapter is added to Title
(1) "Plat/appraisal/replat" as follows:
RCW 79.94.330;
RCW 79.94.020;
RCW 79.94.030;
RCW 79.94.040;
RCW 79.90.110;
RCW 79.94.050;
RCW 79.94.060;
RCW 79.94.100;
RCW 79.94.110;
RCW 79.94.130; and
RCW 79.94.140.
(2) "Exchange, sale, lease limitations/terms" as follows:
RCW 79.94.150;
RCW 79.94.090;
RCW 79.94.290;
RCW 79.94.270;
RCW 79.90.250;
RCW 79.90.260;
RCW 79.90.270;
RCW 79.90.280;
RCW 79.90.350;
RCW 79.94.080;
RCW 79.94.320; and
RCW 79.90.360.
(3) "Sale or leasing preference" as follows:
RCW 79.94.070;
RCW 79.94.280;
RCW 79.94.120;
RCW 79.94.300;
RCW 79.94.310;
RCW 79.94.210; and
RCW 79.94.260.
(4) "Second-class shorelands--Special platting and selection
provisions" as follows:
RCW 79.94.220;
RCW 79.94.230;
RCW 79.94.240; and
RCW 79.94.250.
(5) "Sales of tidelands and shorelands" as follows:
RCW 79.90.170;
RCW 79.90.180;
RCW 79.90.190;
RCW 79.90.200;
RCW 79.90.210;
RCW 79.90.215;
RCW 79.90.220;
RCW 79.90.230; and
RCW 79.90.240.
(6) "Conveyance to public entities/public use" as follows:
RCW 79.94.160;
RCW 79.94.175;
RCW 79.94.181;
RCW 79.94.185;
RCW 79.94.390;
RCW 79.94.400;
RCW 79.94.410;
RCW 79.94.420;
RCW 79.94.430;
RCW 79.94.440;
RCW 79.94.450; and
RCW 79.94.900.
NEW SECTION. Sec. 1009 A new chapter is added to Title
RCW 79.95.010;
RCW 79.95.020;
RCW 79.95.030;
RCW 79.95.040;
RCW 79.95.050;
RCW 79.95.060;
RCW 79.90.458; and
RCW 79.95.900.
NEW SECTION. Sec. 1010 A new chapter is added to Title
(1) "General provisions" as follows:
RCW 79.90.570;
RCW 79.96.120; and
RCW 79.96.130.
(2) "Leasing for shellfish cultivation/aquaculture use" as follows:
RCW 79.90.495;
RCW 79.96.010;
RCW 79.96.020;
RCW 79.96.030;
RCW 79.96.040;
RCW 79.96.050;
RCW 79.96.060; and
RCW 79.96.070.
(3) "Geoduck harvest/cultivation" as follows:
RCW 79.96.140;
RCW 79.96.080;
RCW 79.96.085; and
RCW 79.96.906.
(4) "Oyster reserves" as follows:
RCW 79.96.090;
RCW 79.96.100; and
RCW 79.96.110.
(5) "Marine aquatic plants" as follows:
RCW 79.96.200;
RCW 79.96.210;
RCW 79.96.220;
RCW 79.96.230;
RCW 79.96.901;
RCW 79.96.902;
RCW 79.96.903;
RCW 79.96.904; and
RCW 79.96.905.
NEW SECTION. Sec. 1011 A new chapter is added to Title
(1) "Sale procedure" as follows:
Sections 801 through 808 of this act.
(2) "Special provisions and leases" as follows:
RCW 79.90.130;
RCW 79.90.150;
RCW 79.90.160;
Section 809 of this act;
RCW 79.90.290;
RCW 79.90.300;
RCW 79.90.310;
RCW 79.90.320;
RCW 79.90.325;
RCW 79.90.330; and
RCW 79.90.340.
NEW SECTION. Sec. 1012 A new chapter is added to Title
RCW 79.97.010;
RCW 79.97.020;
RCW 79.97.030;
RCW 79.97.040;
RCW 79.97.050;
RCW 79.97.060; and
RCW 79.97.900.
NEW SECTION. Sec. 1013 The following acts or parts of acts are
each repealed:
(1) RCW 79.90.010 ("Aquatic lands") and 1982 1st ex.s. c 21 s 1;
(2) RCW 79.90.015 ("Outer harbor line") and 1982 1st ex.s. c 21 s
2;
(3) RCW 79.90.020 ("Harbor area") and 1982 1st ex.s. c 21 s 3;
(4) RCW 79.90.025 ("Inner harbor line") and 1982 1st ex.s. c 21 s
4;
(5) RCW 79.90.030 ("First class tidelands") and 1982 1st ex.s. c 21
s 5;
(6) RCW 79.90.035 ("Second class tidelands") and 1982 1st ex.s. c
21 s 6;
(7) RCW 79.90.040 ("First class shorelands") and 1982 1st ex.s. c
21 s 7;
(8) RCW 79.90.045 ("Second class shorelands") and 1982 1st ex.s. c
21 s 8;
(9) RCW 79.90.050 ("Beds of navigable waters") and 1982 1st ex.s.
c 21 s 9;
(10) RCW 79.90.055 ("Improvements") and 1982 1st ex.s. c 21 s 10;
(11) RCW 79.90.060 ("Valuable materials") and 1982 1st ex.s. c 21
s 11;
(12) RCW 79.90.065 ("Person") and 1982 1st ex.s. c 21 s 12;
(13) RCW 79.90.070 (Harbor line commission) and 1982 1st ex.s. c 21
s 13;
(14) RCW 79.90.380 (Abstracts of state-owned aquatic lands) and
2003 c 334 s 605 & 1982 1st ex.s. c 21 s 44;
(15) RCW 79.90.465 (Definitions) and 1984 c 221 s 4;
(16) RCW 79.93.070 (Copies of waterway permits or leases existing
on October 1, 1984, to be delivered to the department -- Exception) and
1984 c 221 s 23; and
(17) RCW 79.94.010 (Survey to determine area subject to sale or
lease) and 1982 1st ex.s. c 21 s 86.
NEW SECTION. Sec. 1014 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.