Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Agriculture & Natural Resources Committee
SSB 5170
Brief Description: Concerning boundary line surveys on public lands owned or managed by the department of natural resources.
Sponsors: Senate Committee on Agriculture & Natural Resources (originally sponsored by Senators Short, Chapman and Dozier).
Brief Summary of Substitute Bill
  • Establishes notice and comment requirements related to Department of Natural Resources land surveys.
Hearing Date: 3/18/25
Staff: Lily Smith (786-7175).
Background:

Department of Natural Resources Land Management.

The Department of Natural Resources (DNR) manages 5.6 million acres of state-owned public lands, which includes forestlands, trust lands, and aquatic lands.

 

Land Surveys and Boundary Disputes.

Within 90 days of a survey that establishes, reestablishes, or restores a corner on a boundary of two or more ownerships, the land surveyor must file with the county auditor a record of the survey that includes various disclosures relating to the change.  The filing requirement does not apply to preliminary surveys and those done by a public officer in an official capacity where a copy has been filed with the county engineer.  The Public Land Survey Office within DNR serves as a central repository for all records of survey.

Landowners may use the following procedures to resolve a boundary that is in dispute or cannot be identified from existing landmarks or the public record:

  • if the affected landowners unanimously agree to a boundary, they file the new, agreed-upon boundary with the appropriate authority, and it becomes binding; or
  • if the affected landowners are unable to unanimously agree to a boundary, any one of them may bring suit for determination.
Summary of Bill:

Prior to conducting any land survey on nonaquatic lands, the DNR must:

  • notify any adjoining landowner in writing; and
  • provide an opportunity for review, comment, the provision of evidence regarding historical boundaries, and involvement regarding potential adjustments. 

 

Prior to conducting a land survey on nonaquatic lands with the intent of establishing boundaries, the DNR must:

  • notify any affected landowner in writing within 30 days regarding the current and proposed boundary; and
  • provide an opportunity for review and comment that allows for historical evidence about the boundary and involvement regarding the proposed location.

 

The DNR must comply with these requirements before bringing a suit to determine a disputed boundary.

 

In the conditions that may lead landowners to resolve a boundary through the established procedures, deeds of record are included as a type of public record that may be nonexistent or insufficient for boundary identification.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.