HOUSE BILL REPORT
SSB 5170
As Reported by House Committee On:
Agriculture & Natural Resources
Title: An act relating to boundary line surveys on public lands owned or managed by the department of natural resources.
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 History:
Committee Activity:
Agriculture & Natural Resources: 3/18/25, 4/2/25 [DP].
Brief Summary of Substitute Bill
  • Establishes notice and comment requirements related to Department of Natural Resources land surveys.
HOUSE COMMITTEE ON AGRICULTURE & NATURAL RESOURCES
Majority Report: Do pass.Signed by 9 members:Representatives Reeves, Chair; Morgan, Vice Chair; Dent, Ranking Minority Member; Engell, Assistant Ranking Minority Member; Bernbaum, Orcutt, Richards, Schmick and Springer.
Minority Report: Without recommendation.Signed by 1 member:Representative Nance.
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 the 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.
Staff Summary of Public Testimony:

(In support) Current practices have caused frustration for landowners who want to make sure there is a formal participation process.  Those that are impacted by these surveys should have every opportunity to participate in the process.  There will be some changes proposed to the bill resulting from ongoing stakeholder work.

 

(Opposed) None.

 

(Other) There are over 1,000 licensed surveyors and over 100 government surveyors in this state, and this bill applies to eight of them.  There are likely over a million landowners that could contract with a surveyor, and this bill applies to one of them.  The DNR already has longstanding practices to do notifications, which are in the agency's interest and make the job easier.  This bill makes it seem like a landowner can somehow influence where a boundary line is just from participating, but the surveyor just marks where it has always been.  There should be a provision that ensures the bill doesn't create a private right of action for someone who does not receive a notice.
Persons Testifying: (In support) Senator Shelly Short, prime sponsor.
(Other) Duane Emmons, Department of Natural Resources.
Persons Signed In To Testify But Not Testifying: None.