reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.100 - Derelict Vessels. › 79.100.080 - Chapter not exclusive.

RCW 79.100.080
Chapter not exclusive.
The rights granted by this chapter are in addition to any other legal rights an authorized public entity may have to obtain title to, remove, recover, sell, or dispose of an abandoned or derelict vessel, and in no way does this chapter alter those rights, or affect the priority of other liens on a vessel.
[ 2002 c 286 § 9.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.100 - Derelict Vessels. › 79.100.110 - Vessel abandoned or derelict upon aquatic lands—Causing a vessel to block a navigational channel—Penalty.

RCW 79.100.110
Vessel abandoned or derelict upon aquatic lands—Causing a vessel to block a navigational channel—Penalty.
(1) A person who causes a vessel to become abandoned or derelict upon aquatic lands is guilty of a misdemeanor.
(2) A person who intentionally, through action or inaction and without the appropriate state, local, or federal authorization, causes a vessel to sink, break up, or block a navigational channel upon aquatic lands is guilty of a misdemeanor.
[ 2011 c 247 § 1; 2006 c 153 § 1.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.100 - Derelict Vessels. › 79.100.130 - Private moorage facility owner may contract with a local government—Contract requirements.

RCW 79.100.130
Private moorage facility owner may contract with a local government—Contract requirements.
(1) A private moorage facility owner, as those terms are defined in RCW 88.26.010, may contract with the department or a local government for the purpose of participating in the derelict vessel removal program.
(2) If a contract is completed under this section, the department or local government shall serve as the authorized public entity for the removal of a derelict or abandoned vessel from the property of the private moorage facility owner. The contract must provide for the private moorage facility owner to be financially responsible for the removal and disposal costs that are not reimbursed by the department as provided under RCW 79.100.100, and any additional reasonable administrative costs incurred by the department or local government during the removal of the derelict or abandoned vessel.
(3) Prior to the commencement of any removal under this section for which a local government serves as the authorized public entity and that will seek reimbursement from the derelict vessel removal program, the contract and the proposed vessel removal shall be submitted to the department for review and approval. The local government shall use the procedure specified under RCW 79.100.100.
(4) If the private moorage facility owner has already seized the vessel under chapter 88.26 RCW and title has reverted to the moorage facility, the moorage facility is not considered the owner under this chapter for purposes of cost recovery for actions taken under this section.
(5)(a) The department and all local governments have discretion as to whether to enter into contracts to serve as the authorized public entity under this section for vessels located at a private moorage facility.
(b) The department may not enter into a contract to serve as the authorized public entity under this section for vessels located at a private moorage facility if the private moorage facility is not in compliance with the mandatory insurance requirements of RCW 88.26.030.
[ 2014 c 195 § 201; 2013 c 291 § 4; 2011 c 247 § 2; 2007 c 342 § 3.]
NOTES:
Findings—Intent—2014 c 195: See notes following RCW 79.100.170 and 79.100.180.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.100 - Derelict Vessels. › 79.100.140 - Authority to board a vessel—Administrative search warrant.

RCW 79.100.140
Authority to board a vessel—Administrative search warrant.
(1) An officer or employee of an authorized public entity, or the department of ecology at the request of an authorized public entity, may, consistent with subsection (2) of this section, board any vessel at any reasonable time for the purpose of:
(a) Administering this chapter, including identifying ownership of a vessel, assessing the structural integrity of a vessel, and assessing whether a vessel meets the criteria described under RCW 79.100.040(3); or
(b) For the department of ecology only, mitigating a potential threat to health, safety, or the environment under the authority provided in chapter 90.56 RCW.
(2)(a) Prior to boarding any vessel under the authority of this section, an officer or employee of an authorized public entity or the department of ecology must apply for and obtain an administrative search warrant in either Thurston county superior court or the superior court in the county where the vessel is located, unless a warrant is not otherwise required by law. The court may issue an administrative search warrant where the court has reasonable cause to believe it is necessary to achieve the purposes of this section.
(b) Prior to requesting an administrative search warrant under this subsection, the officer or employee must make a reasonable effort to contact the owner or the owner's designee and obtain consent to board the vessel.
(3) Nothing in this section affects an authorized public entity's authority to carry out actions under RCW 79.100.040 or any agency's existing authority to enter onto vessels under any other statute.
[ 2013 c 291 § 35.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.100 - Derelict Vessels. › 79.100.150 - Transfer of certain vessels—Vessel inspection—Secondary liability.

RCW 79.100.150
Transfer of certain vessels—Vessel inspection—Secondary liability.
(1) A vessel owner must obtain a vessel inspection under this section prior to transferring a vessel that is:
(a) More than thirty-five feet in length and more than forty years old; and
(b) Either:
(i) Is registered or required to be registered under chapter 88.02 RCW; or
(ii) Is listed or required to be listed under chapter 84.40 RCW.
(2) If the vessel inspection determines the vessel is not seaworthy, as defined by agency rule, and the value of the vessel is less than the anticipated costs required to return the vessel to seaworthiness, then the vessel owner may not sell or transfer ownership of the vessel unless:
(a) The vessel is repaired to a seaworthy state prior to the transfer of ownership; or
(b) The vessel is sold for scrap, restoration, salvage, or another use that will remove the vessel from state waters to a person displaying a business license issued under RCW 19.02.070 that a reasonable person in the seller's position would believe has the capability and intent to do based on factors that may include the buyer's facilities, resources, documented intent, and relevant history.
(3) Where required under subsection (1) of this section, a vessel owner must provide a copy of the vessel inspection documentation to the transferee and, if the department did not conduct the inspection, to the department prior to the transfer.
(4) Unless rules adopted by the department provide otherwise, the vessel inspection required under this section must be contained in a formal marine survey conducted by a third party to the transaction. The survey must include, at a minimum, a conclusion relating to the seaworthiness of the vessel, an estimate of the vessel's fair market value, and, if applicable, an estimate as to the anticipated cost of repairs necessary to return the vessel to seaworthiness.
(5) The department may, by rule, allow other forms of vessel condition determinations, such as United States coast guard certificates of inspection, to replace the requirements for a formal marine survey under this section.
(6) Failure to comply with the requirements of this section will result in the transferor having secondary liability under RCW 79.100.060 if the vessel is later abandoned by the transferee or becomes derelict prior to a subsequent ownership transfer.
(7) Nothing in this section prevents a vessel owner from removing, dismantling, and lawfully disposing of any vessel lawfully under the vessel owner's control.
[ 2020 c 324 § 3; 2014 c 195 § 102; 2013 c 291 § 38.]
NOTES:
Findings—2020 c 324: See note following RCW 79.100.160.
Findings—Intent—2014 c 195: See notes following RCW 79.100.170 and 79.100.180.
Effective date—2013 c 291 § 38: "Section 38 of this act takes effect July 1, 2014." [ 2013 c 291 § 48.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.100 - Derelict Vessels. › 79.100.901 - Effective date—2002 c 286.

RCW 79.100.901
Effective date—2002 c 286.
This act takes effect January 1, 2003.
[ 2002 c 286 § 26.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.001 - Intent—2005 c 155.

RCW 79.105.001
Intent—2005 c 155.
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.
[ 2005 c 155 § 1001.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.010 - Aquatic lands—Findings.

RCW 79.105.010
Aquatic lands—Findings.
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 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.
[ 2005 c 155 § 139; 1984 c 221 § 1. Formerly RCW 79.90.450.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.020 - Purpose—Articulation of management philosophy.

RCW 79.105.020
Purpose—Articulation of management philosophy.
The purpose of RCW 79.105.060, 79.105.230, 79.105.280, and 79.105.010 through 79.105.040 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.
[ 2005 c 155 § 101. FORMERLY PART OF RCW 79.90.450.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.030 - Aquatic lands—Management guidelines.

RCW 79.105.030
Aquatic lands—Management guidelines.
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.
[ 2005 c 155 § 140; 1984 c 221 § 2. Formerly RCW 79.90.455.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.040 - Application to existing property rights—Application of shoreline management act.

RCW 79.105.040
Application to existing property rights—Application of shoreline management act.
Nothing in *this chapter or RCW 79.120.040 or 79.120.060 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.
[ 2005 c 155 § 157; 1984 c 221 § 20. Formerly RCW 79.90.545.]
NOTES:
*Reviser's note: The reference to "this chapter" referred to chapter 79.90 RCW, which was recodified and/or repealed in its entirety by 2005 c 155.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.050 - Fostering use of aquatic environment—Limitation.

RCW 79.105.050
Fostering use of aquatic environment—Limitation.
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 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 alters the responsibility of other state agencies for their normal management of fish, shellfish, game, and water.
[ 2005 c 155 § 141; 2003 c 334 § 541; 1971 ex.s. c 234 § 8. Formerly RCW 79.90.456, 79.68.080.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.100 - Sale and lease of state-owned aquatic lands—Blank forms of applications.

RCW 79.105.100
Sale and lease of state-owned aquatic lands—Blank forms of applications.
The department shall prepare, and furnish to applicants, blank forms of applications for the purchase of state-owned tidelands or shorelands, otherwise permitted by RCW 79.125.200 to be sold, and the purchase of valuable material situated thereon, and the lease of state-owned tidelands, shorelands, and harbor areas, which forms shall contain such instructions as will inform and aid the applicants.
[ 2005 c 155 § 104; 1982 1st ex.s. c 21 § 15. Formerly RCW 79.90.090.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.110 - Who may purchase or lease—Application—Fees.

RCW 79.105.110
Who may purchase or lease—Application—Fees.
Any person desiring to purchase any state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, or to purchase any valuable material situated thereon, or to lease any state-owned aquatic lands, shall file with the department an application, on the proper form which shall be accompanied by reasonable fees to be prescribed by the board in its rules, 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 fund in the general fund.
[ 2005 c 155 § 105; 1982 1st ex.s. c 21 § 16. Formerly RCW 79.90.100.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.120 - Survey to determine areas subject to sale or lease.

RCW 79.105.120
Survey to determine areas subject to sale or lease.
The department may cause any state-owned aquatic lands to be surveyed for the purpose of ascertaining and determining the area subject to sale or lease.
[ 2005 c 155 § 108; 1982 1st ex.s. c 21 § 18. Formerly RCW 79.90.120.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.130 - Reconsideration of official acts.

RCW 79.105.130
Reconsideration of official acts.
The department may review and reconsider any of its official acts relating to state-owned aquatic lands until such time as a lease, contract, or deed 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.
[ 2005 c 155 § 138; 1982 1st ex.s. c 21 § 47. Formerly RCW 79.90.410.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.140 - Assignment of contracts or leases.

RCW 79.105.140
Assignment of contracts or leases.
All contracts of purchase of state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, and all leases of state-owned tidelands, shorelands, or beds of navigable waters issued by the department 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 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 department.
[ 2005 c 155 § 135; 1982 1st ex.s. c 21 § 43. Formerly RCW 79.90.370.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.160 - Aquatic lands—Court review of actions.

RCW 79.105.160
Aquatic lands—Court review of actions.
Any applicant to purchase or lease any state-owned aquatic lands, or any valuable materials on state-owned aquatic lands, and any person whose property rights or interest will be affected by the sale or lease, feeling himself or herself aggrieved by any order or decision of the board, or the commissioner, concerning the order or decision, may appeal in the manner provided in RCW 79.02.030.
[ 2005 c 155 § 137; 2003 c 334 § 606; 1982 1st ex.s. c 21 § 46. Formerly RCW 79.90.400.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.170 - Nonnative finfish aquaculture—Department may not allow as an authorized use under any new lease or use authorization.

RCW 79.105.170
Nonnative finfish aquaculture—Department may not allow as an authorized use under any new lease or use authorization.
(1) The department may not allow nonnative marine finfish aquaculture as an authorized use under any new lease or other use authorization.
(2) The department may not renew or extend a lease or other use authorization in existence on June 7, 2018, where the use includes nonnative marine finfish aquaculture.
[ 2018 c 179 § 2.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.200 - Use and occupancy fee in lieu of lease—Construction of section.

RCW 79.105.200
Use and occupancy fee in lieu of lease—Construction of section.
(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 this section shall be construed to prevent the assertion of public ownership rights in any publicly owned aquatic lands, or the leasing of the aquatic lands when the leasing is not contrary to the statewide public interest.
[ 2005 c 155 § 516; 1982 1st ex.s. c 21 § 102. Formerly RCW 79.94.170.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.210 - Aquatic lands—Preservation and enhancement of water-dependent uses—Leasing authority.

RCW 79.105.210
Aquatic lands—Preservation and enhancement of water-dependent uses—Leasing authority.
(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, waterborne 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, which has the authority to make leases upon terms, conditions, and length of time in conformance with the state Constitution and chapters 79.105 through 79.140 RCW.
(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 disability.
[ 2020 c 274 § 67; 2005 c 155 § 143; 1984 c 221 § 3. Formerly RCW 79.90.460.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.220 - Lease of tidelands in front of public parks.

RCW 79.105.220
Lease of tidelands in front of public parks.
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.
[ 2005 c 155 § 145. FORMERLY PART OF RCW 79.94.010; 2002 c 152 § 2; 1984 c 221 § 5. Formerly RCW 79.90.470.]
NOTES:
Findings—Severability—2002 c 152: See notes following RCW 79.110.240.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.230 - Use for public parks or public recreation purposes.

RCW 79.105.230
Use for public parks or public recreation purposes.
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.
[ 2005 c 155 § 144.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.250 - Log storage rents.

RCW 79.105.250
Log storage rents.
(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 79.105.240, 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.
[ 2005 c 155 § 148; 1984 c 221 § 8. Formerly RCW 79.90.485.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.260 - Rent for leases in effect October 1, 1984.

RCW 79.105.260
Rent for leases in effect October 1, 1984.
(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 79.105.240 or 79.105.250 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 79.105.240 or 79.105.250. If the first rent amount established under RCW 79.105.240 or 79.105.250 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 79.105.240 or 79.105.250. Thereafter, notwithstanding any other provision of this title, the annual rental established under RCW 79.105.240 or 79.105.250 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 79.105.240 or 79.105.250.
[ 2005 c 155 § 149; 1984 c 221 § 9. Formerly RCW 79.90.490.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.270 - Aquatic lands—Leases/rents for nonwater-dependent uses.

RCW 79.105.270
Aquatic lands—Leases/rents for nonwater-dependent uses.
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.
[ 2005 c 155 § 150; 1984 c 221 § 11. Formerly RCW 79.90.500.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.280 - Rents and fees for recovery of mineral or geothermal resources.

RCW 79.105.280
Rents and fees for recovery of mineral or geothermal resources.
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.
[ 2005 c 155 § 151. FORMERLY PART OF RCW 79.90.500.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.290 - Aquatic lands—Rents for multiple uses.

RCW 79.105.290
Aquatic lands—Rents for multiple uses.
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 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 the parcel shall be subject to negotiation with the department taking into account the proportion of the improvements each use occupies.
[ 2005 c 155 § 152; 1984 c 221 § 12. Formerly RCW 79.90.505.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.300 - Aquatic lands—Lease for water-dependent use—Rental for nonwater-dependent use.

RCW 79.105.300
Aquatic lands—Lease for water-dependent use—Rental for nonwater-dependent use.
If a parcel leased for water-dependent uses is used for an extended period of time, as defined by rule of the department, for a nonwater-dependent use, the rental for the nonwater-dependent use shall be negotiated with the department.
[ 1984 c 221 § 13. Formerly RCW 79.90.510.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.310 - Aquatic lands—Rent for improvements.

RCW 79.105.310
Aquatic lands—Rent for improvements.
(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.
[ 2005 c 155 § 153; 1984 c 221 § 14. Formerly RCW 79.90.515.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.320 - Aquatic lands—Administrative review of proposed rent.

RCW 79.105.320
Aquatic lands—Administrative review of proposed rent.
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. For leases managed under RCW 79.105.420, 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 by rule adopted by the board 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.
[ 2005 c 155 § 154; 1991 c 64 § 1; 1984 c 221 § 15. Formerly RCW 79.90.520.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.330 - Aquatic lands—Security for leases for more than one year.

RCW 79.105.330
Aquatic lands—Security for leases for more than one year.
For any lease for a term of more than one year, the department may require that the rent be secured by insurance, bond, or other security satisfactory to the department in an amount not exceeding two years' rent. The department may require additional security for other lease provisions. The department shall not require cash deposits exceeding one-twelfth of the annual rental.
[ 1984 c 221 § 16. Formerly RCW 79.90.525.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.340 - Aquatic lands—Payment of rent.

RCW 79.105.340
Aquatic lands—Payment of rent.
If the annual rent charged for the use of a parcel of state-owned aquatic lands exceeds four thousand dollars, the lessee may pay on a prorated quarterly basis. If the annual rent exceeds twelve thousand dollars, the lessee may pay on a prorated monthly basis.
[ 1984 c 221 § 17. Formerly RCW 79.90.530.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.350 - Aquatic lands—Interest rate.

RCW 79.105.350
Aquatic lands—Interest rate.
The interest rate and all interest rate guidelines shall be fixed by rule adopted by the board and shall not be less than six percent per annum.
[ 2005 c 155 § 155; 1991 c 64 § 2; 1984 c 221 § 18. Formerly RCW 79.90.535.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.360 - Adoption of rules.

RCW 79.105.360
Adoption of rules.
The department shall adopt such rules as are necessary to carry out the purposes of RCW 79.105.010, 79.105.030, 79.105.050, 79.105.210, 79.105.220, 79.105.240 through 79.105.260, 79.105.270, 79.105.290 through 79.105.350, 79.105.400, 79.105.420, 79.130.070, and 79.135.100, specifically including criteria for determining under RCW 79.105.240(4) when an abutting upland parcel has been inappropriately assessed and for determining the nearest comparable upland parcel used for water-dependent uses.
[ 2005 c 155 § 156; 1984 c 221 § 19. Formerly RCW 79.90.540.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.400 - Authority to exchange state-owned tidelands and shorelands—Rules—Limitation.

RCW 79.105.400
Authority to exchange state-owned tidelands and shorelands—Rules—Limitation.
The department 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 79.105.030. The board 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 79.105.030. The department may not exchange state-owned harbor areas or waterways.
[ 2005 c 155 § 142; 1995 c 357 § 1. Formerly RCW 79.90.457.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.410 - Gifts of aquatic land—Procedures and criteria.

RCW 79.105.410
Gifts of aquatic land—Procedures and criteria.
(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 79.105.030, 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 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.
[ 2005 c 155 § 163; 2003 c 176 § 1. Formerly RCW 79.90.580.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.420 - Management of certain aquatic lands by port district—Agreement—Rent—Model management agreement.

RCW 79.105.420
Management of certain aquatic lands by port district—Agreement—Rent—Model management agreement.
(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. 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 state-owned aquatic lands if: (a) The port district acquires the leasehold interest in accordance with state law, or (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 79.105 through 79.140 RCW and the implementing rules adopted by the department. The administrative procedures for management of the lands shall be those of Title 53 RCW.
(2) No rent 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 the lands, the rental fee attributable to the state-owned aquatic land only shall be comparable to the rent charged lessees for the same or similar uses by the department. 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 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.
[ 2005 c 155 § 146; 1984 c 221 § 6. Formerly RCW 79.90.475.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.500 - Aquatic land dredged material disposal sites—Findings.

RCW 79.105.500
Aquatic land dredged material disposal sites—Findings.
The legislature finds that the department 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 partnership. 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.
[ 2007 c 341 § 58; 2005 c 155 § 158; 1987 c 259 § 1. Formerly RCW 79.90.550.]
NOTES:
Effective date—2007 c 341: See RCW 90.71.907.
Effective date—1987 c 259: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1987." [ 1987 c 259 § 5.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.510 - Aquatic land dredged material disposal site account.

RCW 79.105.510
Aquatic land dredged material disposal site account.
The aquatic land dredged material disposal site account is 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 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.
[ 2005 c 155 § 159; 1991 sp.s. c 13 § 63; 1987 c 259 § 2. Formerly RCW 79.90.555.]
NOTES:
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
Effective date—1987 c 259: See note following RCW 79.105.500.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.520 - Fees for use of aquatic land dredged material disposal sites authorized.

RCW 79.105.520
Fees for use of aquatic land dredged material disposal sites authorized.
The department shall 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 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 79.105.510.
[ 2005 c 155 § 160; 1987 c 259 § 3. Formerly RCW 79.90.560.]
NOTES:
Effective date—1987 c 259: See note following RCW 79.105.500.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.600 - Archaeological activities on state-owned aquatic lands—Agreements, leases, or other conveyances.

RCW 79.105.600
Archaeological activities on state-owned aquatic lands—Agreements, leases, or other conveyances.
After consultation with the director of commerce, the department may enter into agreements, leases, or other conveyances for archaeological activities on state-owned aquatic lands. The agreements, leases, or other conveyances may contain those conditions as are required for the department to comply with its legal rights and duties. All agreements, leases, or other conveyances, shall be issued in accordance with the terms of chapters 79.105 through 79.140 RCW.
[ 2023 c 470 § 2123; 2005 c 155 § 161; 1995 c 399 § 210; 1988 c 124 § 9. Formerly RCW 79.90.565.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Intent—Application—1988 c 124: See notes following RCW 27.53.030.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.610 - Puget Sound partners.

RCW 79.105.610
Puget Sound partners.
When administering funds under this chapter, the *interagency committee for outdoor recreation shall give preference only to Puget Sound partners, as defined in RCW 90.71.010, in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the Puget Sound action agenda developed by the Puget Sound partnership under RCW 90.71.310, or for any other reason, shall not be given less preferential treatment than Puget Sound partners.
[ 2007 c 341 § 33.]
NOTES:
*Reviser's note: Chapter 241, Laws of 2007 changed the name of the interagency committee for outdoor recreation to the recreation and conservation funding board.
Effective date—2007 c 341: See RCW 90.71.907.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.620 - City use of state-owned aquatic lands for publicly owned marina—Reduced fee lease—Expiration date.

RCW 79.105.620
City use of state-owned aquatic lands for publicly owned marina—Reduced fee lease—Expiration date. (Expires July 1, 2029.)
(1)(a) A city with a population between twenty thousand and twenty-five thousand on June 12, 2008, and that currently operates a publicly owned marina may enter into a reduced fee lease authorizing the city to use state-owned aquatic lands for the purpose of operating a publicly owned marina. The office of financial management's population estimate must be used to determine a city's population for purposes of this section. The lease period may not exceed twenty years.
(b) No rent is due the state for the use of state-owned aquatic lands for the first ten years under such a lease. During subsequent years under such a lease, rent is due for only those lands that have been included under a previous aquatic land lease for the marina. The lease may not be renewed, extended, or put into holdover.
(2) A city choosing to enter into a lease as provided in subsection (1) of this section must do so within one year of June 12, 2008. Prior to entering into such a lease, the city must be in good standing with the department and must have paid all amounts owed the department including any accrued interest.
(3) State-owned aquatic lands that may be included in the lease are limited only to those lands included in the most recent expired lease with the city for the marina, along with any state-owned aquatic lands immediately adjacent to those lands. Only those marina operations conducted directly by the city may be included within the leased area.
(4) If a city chooses to enter into an agreement as provided in subsection (1) of this section, the city is not eligible to apply for grants from the aquatic lands enhancement account created under RCW 79.105.150 for the first ten years of the lease.
(5) Upon expiration of the twenty-year lease, the city may enter into a new lease for the use of state-owned aquatic lands or vacate the lands as agreed to in the expiring lease. To ensure the consistent statewide application of aquatic land management principles, the new lease must be completed in accordance with all applicable sections of this title.
(6) This section expires July 1, 2029.
[ 2008 c 132 § 1.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.630 - Administering funds—Preference to an evergreen community.

RCW 79.105.630
Administering funds—Preference to an evergreen community.
When administering funds under this chapter, the recreation and conservation funding board shall give preference only to an evergreen community recognized under RCW 76.15.090 in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community.
[ 2021 c 209 § 23; 2008 c 299 § 33.]
NOTES:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: See note following RCW 76.15.020.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.105 - Aquatic Lands—General. › 79.105.902 - Effective date—1984 c 221.

RCW 79.105.902
Effective date—1984 c 221.
This act shall take effect on October 1, 1984.
[ 1984 c 221 § 32. Formerly RCW 79.90.902.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.010 - Certain aquatic lands subject to easements for removal of valuable materials.

RCW 79.110.010
Certain aquatic lands subject to easements for removal of valuable materials.
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 who has acquired the other lands, or any valuable materials thereon, after June 15, 1911, to acquire the right-of-way over 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 valuable materials from the other lands, over and across the lands so granted or leased in accordance with the provisions of RCW 79.36.370.
[ 2005 c 155 § 201; 2003 c 334 § 607; 1982 1st ex.s. c 21 § 48. Formerly RCW 79.91.010.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.