BILL REQ. #: H-2580.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 03/10/09. Referred to Committee on Transportation.
AN ACT Relating to existing uses on highway rights-of-way; and amending RCW 47.32.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 47.32.120 and 2006 c 324 s 2 are each amended to read
as follows:
(1) Except as provided in RCW 47.04.270, it is unlawful for any
person to erect a structure or establishment or maintain a business,
the nature of which requires the use by patrons or customers of
property adjoining the structure or establishment unless the structure
or establishment is located at a distance from the right-of-way of any
state highway so that none of the right-of-way thereof is required for
the use of the patrons or customers of the establishment. Any such
structure erected or business maintained that makes use of or tends to
invite patrons to use the right-of-way or any portion thereof of any
state highway by occupying it while a patron is a public nuisance, and
the department may fence the right-of-way of the state highway to
prevent such unauthorized use thereof.
(2) This section does not apply to a business or establishment that
has received financial assistance under RCW 70.148.130.