reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.020 - Certain aquatic lands subject to easements for removal of valuable materials—Private easements subject to common use in removal of valuable materials.

RCW 79.110.020
Certain aquatic lands subject to easements for removal of valuable materials—Private easements subject to common use in removal of valuable materials.
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, 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 79.36.380.
[ 2005 c 155 § 202; 1982 1st ex.s. c 21 § 49. Formerly RCW 79.91.020.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.030 - Certain state and aquatic lands subject to easements for removal of valuable materials—Reasonable facilities and service for transporting must be furnished.

RCW 79.110.030
Certain state and aquatic lands subject to easements for removal of valuable materials—Reasonable facilities and service for transporting must be furnished.
Any person having acquired a right-of-way or easement as provided in RCW 79.110.010 and 79.110.020 over any state-owned tidelands or shorelands 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 the land is contiguous to or in proximity of 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 valuable materials under reasonable rules and upon payment of just and reasonable charges in accordance with the provisions of RCW 79.36.390.
[ 2005 c 155 § 203; 2003 c 334 § 608; 1982 1st ex.s. c 21 § 50. Formerly RCW 79.91.030.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.040 - Certain state and aquatic lands subject to easements for removal of valuable materials—Duty of utilities and transportation commission.

RCW 79.110.040
Certain state and aquatic lands subject to easements for removal of valuable materials—Duty of utilities and transportation commission.
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 79.110.020 and 79.110.030 fail to agree with the state or any grantee or lessee, 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 the private right-of-way or easement is operated, the state or any grantee or lessee, owning and desiring to have 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 rules, and make binding reasonable, proper, and just rates and regulations in accordance with the provisions of RCW 79.36.400.
[ 2005 c 155 § 204; 2003 c 334 § 609; 1982 1st ex.s. c 21 § 51. Formerly RCW 79.91.040.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.050 - Certain state and aquatic lands subject to easements for removal of valuable materials—Penalty for violation of orders.

RCW 79.110.050
Certain state and aquatic lands subject to easements for removal of valuable materials—Penalty for violation of orders.
Any person owning or operating any right-of-way or easement subject to the provisions of RCW 79.110.020 through 79.110.040, over and across any state-owned tidelands or shorelands 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 79.110.040, shall be subject to the same penalties provided in RCW 79.36.410.
[ 2005 c 155 § 205; 2003 c 334 § 610; 1982 1st ex.s. c 21 § 52. Formerly RCW 79.91.050.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.060 - Certain state and aquatic lands subject to easements for removal of valuable materials—Application for right-of-way.

RCW 79.110.060
Certain state and aquatic lands subject to easements for removal of valuable materials—Application for right-of-way.
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 79.110.010 through 79.110.030 over and across any state-owned tidelands or shorelands, or beds of navigable waters or any 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 the right-of-way in accordance with the provisions of RCW 79.36.350.
[ 2005 c 155 § 206; 2003 c 334 § 611; 1982 1st ex.s. c 21 § 53. Formerly RCW 79.91.060.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.070 - Certain state and aquatic lands subject to easements for removal of valuable materials—Forfeiture for nonuser.

RCW 79.110.070
Certain state and aquatic lands subject to easements for removal of valuable materials—Forfeiture for nonuser.
Any right-of-way or easement granted under the provisions of RCW 79.110.010 through 79.110.030 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 previously granted or granted under the provisions of RCW 79.110.010 through 79.110.030, shall be rendered effective by the mailing of a notice of the forfeiture to the grantee at the grantee's last known post office address and by posting a copy of the certificate, or other record of the grant, in the department's Olympia office with the word "canceled" and the date of the cancellation.
[ 2005 c 155 § 207; 1982 1st ex.s. c 21 § 54. Formerly RCW 79.91.070.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.100 - United States of America, state agency, county, or city right-of-way for roads and streets over, and wharves over and upon aquatic lands.

RCW 79.110.100
United States of America, state agency, county, or city right-of-way for roads and streets over, and wharves over and upon aquatic lands.
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, shall by resolution of the legislative body of the county, or city council or other governing body of the city, or proper agency of the United States of America or state agency, file a petition with the department for a right-of-way for 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 the right-of-way and any damages to the affected aquatic lands.
[ 2005 c 155 § 208; 2003 c 334 § 612; 1982 1st ex.s. c 21 § 55. Formerly RCW 79.91.080.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.110 - Railroad bridge rights-of-way across navigable streams.

RCW 79.110.110
Railroad bridge rights-of-way across navigable streams.
Any railroad company 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, 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 the railway line, or for the more convenient use thereof, if the bridges are constructed so as not to interfere with, impede, or obstruct navigation on the streams. However, payment for any right-of-way and any damages to those aquatic lands affected must be paid first.
[ 2005 c 155 § 209; 1982 1st ex.s. c 21 § 56. Formerly RCW 79.91.090.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.120 - Public bridges or trestles across waterways and aquatic lands—Recovery of reasonable direct administrative costs—Report to the legislature.

RCW 79.110.120
Public bridges or trestles across waterways and aquatic lands—Recovery of reasonable direct administrative costs—Report to the legislature.
(1) 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, shorelands, bedlands, or harbor areas owned and managed by the state adjacent thereto over which the projected line or lines of highway will run, if such 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 natural resource damages to those aquatic lands affected not already covered by an approved state or federal regulatory mitigation plan. Such a right shall be granted by easement and no charge may be made to the county, city, town, or other municipality, for such an easement. 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 the bridge or trestle.
(2) 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.
(3) By December 1, 2008, the department must deliver a report to the legislature regarding the collection of administrative fees as described in this section.
[ 2005 c 58 § 1; 1982 1st ex.s. c 21 § 57. Formerly RCW 79.91.100.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.130 - Common carriers may bridge or trestle state waterways.

RCW 79.110.130
Common carriers may bridge or trestle state waterways.
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 the railroad, and may also include a roadway for the accommodation of vehicles and foot passengers. Full payment for any right-of-way and any damages to those aquatic lands affected by the right-of-way shall first be made.
[ 2005 c 155 § 211; 1982 1st ex.s. c 21 § 58. Formerly RCW 79.91.110.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.140 - Location and plans of bridge or trestle to be approved—Future alterations.

RCW 79.110.140
Location and plans of bridge or trestle to be approved—Future alterations.
The location and plans of any bridge, draw bridge, or trestle proposed to be constructed under RCW 79.110.110 through 79.110.130 shall be submitted to and approved by the department before construction is commenced. However, in case the portion of the waterway, river, stream, or watercourse, at the place to be crossed is navigable water of the United States, or otherwise within the jurisdiction of the United States, 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 and the United States army corps of engineers, it is unlawful to deviate from the plans either before or after the completion of the structure, unless the modification of the plans has previously been submitted to, and received the approval of the department and the United States army corps of engineers, as the case may be. Any structure authorized and approved as indicated in this section shall remain within the jurisdiction of the respective officer or officers approving the 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 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 the time having jurisdiction of the structure, and the orders may be enforced by appropriate action at law or in equity at the suit of the state.
[ 2005 c 155 § 212; 1982 1st ex.s. c 21 § 59. Formerly RCW 79.91.120.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.200 - Right-of-way for utility pipelines, transmission lines, etc.

RCW 79.110.200
Right-of-way for utility pipelines, transmission lines, etc.
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 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.
[ 2005 c 155 § 213; 1982 1st ex.s. c 21 § 60. Formerly RCW 79.91.130.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.210 - Right-of-way for utility pipelines, transmission lines, etc.—Procedure to acquire.

RCW 79.110.210
Right-of-way for utility pipelines, transmission lines, etc.—Procedure to acquire.
In order to obtain the benefits of the grant made in RCW 79.110.200, the person or the United States of America constructing or proposing to construct, or which has constructed, a telephone line, ditch, flume, pipeline, or transmission line, shall file, with the department, a map accompanied by the field notes of the survey and location of the telephone line, ditch, flume, pipeline, or transmission line, and shall make payment as provided in RCW 79.110.220. The land within the right-of-way shall be limited to an amount necessary for the construction of 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 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.
[ 2005 c 155 § 214; 1982 1st ex.s. c 21 § 61. Formerly RCW 79.91.140.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.220 - Right-of-way for utility pipelines, transmission lines, etc.—Appraisal—Certificate—Reversion for nonuser.

RCW 79.110.220
Right-of-way for utility pipelines, transmission lines, etc.—Appraisal—Certificate—Reversion for nonuser.
On the filing of the plat and field notes, as provided in RCW 79.110.210, 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 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 right-of-way stating the terms and conditions and shall enter the certificate in the abstracts and records in the department's Olympia office, and thereafter any sale or lease of the lands affected by the right-of-way shall be subject to the easement of the right-of-way. However, should the person or the United States of America securing the right-of-way ever abandon the use of the 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.
[ 2005 c 155 § 215; 1982 1st ex.s. c 21 § 62. Formerly RCW 79.91.150.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.230 - Use of state-owned aquatic lands for public utility lines.

RCW 79.110.230
Use of state-owned aquatic lands for public utility lines.
(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 79.105.010, 79.105.030, 79.105.050, 79.105.210, 79.105.400, and 79.130.070 and does not obstruct navigation or other public uses. The department may recover only its administrative costs incurred in processing and approving the request or application, and reviewing plans for construction of public utility lines as determined under RCW 79.110.240. 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 79.105.010, 79.105.030, 79.105.050, 79.105.210, 79.105.400, and 79.130.070 and does not obstruct navigation or other public uses. The total charge for the easement will be determined under RCW 79.110.240.
(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.
[ 2008 c 55 § 1; 2005 c 155 § 216. FORMERLY PART OF RCW 79.90.470.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.300 - Right-of-way for irrigation, diking, and drainage purposes.

RCW 79.110.300
Right-of-way for irrigation, diking, and drainage purposes.
A right-of-way through, over, and across any state-owned tidelands or shorelands is 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.
[ 2005 c 155 § 217; 1982 1st ex.s. c 21 § 63. Formerly RCW 79.91.160.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.310 - Right-of-way for irrigation, diking, and drainage purposes—Procedure to acquire.

RCW 79.110.310
Right-of-way for irrigation, diking, and drainage purposes—Procedure to acquire.
In order to obtain the benefits of the grant provided for in RCW 79.110.300, the irrigation district, irrigation company, person, or the United States of America, constructing or proposing to construct 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 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 79.110.320, the amount of the appraised value of the lands used for or included within the right-of-way. The land within 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 for ingress and egress to maintain and repair the irrigation ditch, pipeline, dike, or drainage ditch.
[ 2005 c 155 § 218; 1982 1st ex.s. c 21 § 64. Formerly RCW 79.91.170.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.320 - Right-of-way for irrigation, diking, and drainage purposes—Appraisal—Certificate.

RCW 79.110.320
Right-of-way for irrigation, diking, and drainage purposes—Appraisal—Certificate.
Upon the filing of the plat and field notes as in RCW 79.110.310, the lands included within the right-of-way applied for shall be appraised as in the case of an application to purchase the lands, at full market value. Upon full payment of the appraised value of the lands the department shall issue to the applicant a certificate of right-of-way, and enter the certificate in the department records. Any subsequent sale or lease by the state of the lands affected by the right-of-way shall be subject to the certificate of right-of-way.
[ 2005 c 155 § 219; 1982 1st ex.s. c 21 § 65. Formerly RCW 79.91.180.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.330 - Grant of overflow rights.

RCW 79.110.330
Grant of overflow rights.
The department 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 lands, whenever the department 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.
[ 2005 c 155 § 220; 2003 c 334 § 613; 1982 1st ex.s. c 21 § 66. Formerly RCW 79.91.190.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.340 - Construction of RCW 79.110.010 through 79.110.220 and 79.110.240 through 79.110.330 relating to rights-of-way and overflow rights.

RCW 79.110.340
Construction of RCW 79.110.010 through 79.110.220 and 79.110.240 through 79.110.330 relating to rights-of-way and overflow rights.
RCW 79.110.010 through 79.110.220 and 79.110.240 through 79.110.330, relating to the acquiring of rights-of-way and overflow rights through, over, and across state-owned aquatic lands, 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, by condemnation proceedings.
[ 2005 c 155 § 221; 1982 1st ex.s. c 21 § 67. Formerly RCW 79.91.200.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.110 - Aquatic Lands—Easements and Rights-of-Way. › 79.110.350 - Grant of such easements and rights-of-way as applicant may acquire in private lands by eminent domain.

RCW 79.110.350
Grant of such easements and rights-of-way as applicant may acquire in private lands by eminent domain.
The department may grant to any person 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.
[ 2005 c 155 § 222; 2003 c 334 § 614; 1982 1st ex.s. c 21 § 68. Formerly RCW 79.91.210.]
NOTES:
Intent—2003 c 334: See note following RCW 79.02.010.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.115 - Aquatic Lands—Harbor Areas. › 79.115.010 - Harbor lines and areas to be established.

RCW 79.115.010
Harbor lines and areas to be established.
(1) It is the duty of the board acting as the harbor line commission to locate and establish harbor lines and determine harbor areas, as required by Article XV, section 1 of the state Constitution, where harbor lines and harbor areas have not 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.
[ 2005 c 155 § 301; 1982 1st ex.s. c 21 § 69. Formerly RCW 79.92.010.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.115 - Aquatic Lands—Harbor Areas. › 79.115.020 - Relocation of harbor lines by the harbor line commission.

RCW 79.115.020
Relocation of harbor lines by the harbor line commission.
Whenever it appears that the inner harbor line of any harbor area has been so established as to overlap or fall inside the government meander line, or for any other good cause, the board 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 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 in accordance with the provisions of RCW 79.125.200. 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.
[ 2005 c 155 § 302; 1982 1st ex.s. c 21 § 70. Formerly RCW 79.92.020.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.115 - Aquatic Lands—Harbor Areas. › 79.115.030 - Commission on harbor lines may change, relocate, or reestablish harbor lines.

RCW 79.115.030
Commission on harbor lines may change, relocate, or reestablish harbor lines.
The commission on harbor lines is authorized to change, relocate, or reestablish harbor lines.
[ 2010 c 45 § 1; 2005 c 155 § 303; 2004 c 219 § 1; 1989 c 79 § 1; 1982 1st ex.s. c 21 § 71. Formerly RCW 79.92.030.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.115 - Aquatic Lands—Harbor Areas. › 79.115.040 - Modification of harbor lines in Port Gardner Bay.

RCW 79.115.040
Modification of harbor lines in Port Gardner Bay.
The harbor line commission shall modify harbor lines in Port Gardner Bay as necessary to facilitate the conveyance through exchange authorized in RCW 79.125.800.
[ 2005 c 155 § 304; 1987 c 271 § 5. Formerly RCW 79.92.035.]
NOTES:
Severability—1987 c 271: See note following RCW 79.130.050.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.115 - Aquatic Lands—Harbor Areas. › 79.115.050 - Seizure or sale of improvements for taxes.

RCW 79.115.050
Seizure or sale of improvements for taxes.
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 the cities or towns, and the reserved harbor area as located include the improvements, no seizure or sale of the improvements for taxes shall be had until six months after the lands have been leased or offered for lease. However, this section shall not affect or impair the lien for taxes on the improvements.
[ 2005 c 155 § 136; 1982 1st ex.s. c 21 § 45. Formerly RCW 79.90.390.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.115 - Aquatic Lands—Harbor Areas. › 79.115.100 - Terms of harbor area leases.

RCW 79.115.100
Terms of harbor area leases.
Applications, leases, and bonds of lessees shall be in such a form as the department 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. 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 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 plans and drawings and other data concerning the proposed wharves, docks, or other structures or improvements 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 the lease, shall be constructed within 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 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. 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 existing improvements and need not require further improvements.
[ 2005 c 155 § 305; 1982 1st ex.s. c 21 § 74. Formerly RCW 79.92.060.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.115 - Aquatic Lands—Harbor Areas. › 79.115.110 - Construction or extension of docks, wharves, etc., in harbor areas—New lease.

RCW 79.115.110
Construction or extension of docks, wharves, etc., in harbor areas—New lease.
If the owner of any harbor area lease upon tidal waters desires to construct any wharf, dock, or other convenience of navigation or commerce, or to extend, enlarge, or substantially improve any existing structure used in connection with the harbor area, and deems the required expenditure not warranted by the lessee's right to occupy the harbor area during the remainder of the term of their lease, the lease owner may make application to the department for a new lease of the harbor area for a period not exceeding thirty years. Upon the filing of an application accompanied by proper plans, drawings, or other data, the department shall investigate the application and if 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 a new lease, the rate of rental shall be a fixed percentage, during the term of the lease, on the true and fair value in money of the harbor area determined by the department. The department may propose modifications of the proposed wharf, dock, or other convenience or extensions, enlargements, or improvements. The department shall, within ninety days from the filing of an application notify the applicant in writing of the terms and conditions upon which a new lease will be granted, and of the rental to be paid, and if the applicant shall within ninety days elect to accept a new lease of the harbor area upon the terms and conditions, and at the rental prescribed by the department, the department shall make a new lease for the harbor area for the term applied for and the existing lease shall be surrendered and canceled.
[ 2005 c 155 § 306; 2000 c 11 § 27; 1982 1st ex.s. c 21 § 75. Formerly RCW 79.92.070.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.115 - Aquatic Lands—Harbor Areas. › 79.115.120 - Re-leases of harbor areas.

RCW 79.115.120
Re-leases of harbor areas.
Upon the expiration of any harbor area lease upon tidal waters, the lessee may apply for a re-lease of the harbor area for a period not exceeding thirty years. The application shall be accompanied with maps showing the existing improvements upon the harbor area and the adjacent tidelands and with proper plans, drawings, and other data showing any proposed extensions or improvements of existing structures. Upon the filing of an application the department shall investigate the application and if it 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 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 the lease on the true and fair value in money of the harbor area as determined by the department.
[ 2005 c 155 § 307; 2000 c 11 § 28; 1982 1st ex.s. c 21 § 76. Formerly RCW 79.92.080.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.115 - Aquatic Lands—Harbor Areas. › 79.115.130 - Procedure to re-lease harbor areas.

RCW 79.115.130
Procedure to re-lease harbor areas.
Upon completion of the valuation of any tract of harbor area applied for under RCW 79.115.120, the department 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 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 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 the terms and conditions and at 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 the lease. Notice of the sale shall be served upon the applicant at least six weeks prior to the date of sale. The person paying the highest sum as a cash bonus shall be entitled to lease the harbor area. 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 provided in this section and upon similar notice. Further, upon failure to secure any sale of the lease as 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.
[ 2005 c 155 § 308; 1985 c 469 § 61; 1982 1st ex.s. c 21 § 77. Formerly RCW 79.92.090.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.115 - Aquatic Lands—Harbor Areas. › 79.115.140 - Regulation of wharfage, dockage, and other tolls.

RCW 79.115.140
Regulation of wharfage, dockage, and other tolls.
The state of Washington retains and reserves the right to regulate the rates of wharfage, dockage, and other tolls to be imposed by the lessee or 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.
[ 2005 c 155 § 309; 1982 1st ex.s. c 21 § 78. Formerly RCW 79.92.100.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.115 - Aquatic Lands—Harbor Areas. › 79.115.150 - Harbor areas and tidelands within towns—Distribution of rents to municipal authorities.

RCW 79.115.150
Harbor areas and tidelands within towns—Distribution of rents to municipal authorities.
(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 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 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.
[ 2005 c 155 § 310; 1984 c 221 § 25; 1983 c 153 § 1; 1982 2nd ex.s. c 8 § 2; 1982 1st ex.s. c 21 § 79. Formerly RCW 79.92.110.]
NOTES:
Effective date—1984 c 221: See RCW 79.105.902.
Effective date—1983 c 153: "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 July 1, 1983." [ 1983 c 153 § 2.]
Effective date—1982 2nd ex.s. c 8 § 2: "Section 2 of this act shall take effect July 1, 1983." [ 1982 2nd ex.s. c 8 § 3.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.120 - Aquatic Lands—Waterways and Streets. › 79.120.010 - First-class tidelands and shorelands to be platted—Public waterways and streets.

RCW 79.120.010
First-class tidelands and shorelands to be platted—Public waterways and streets.
It is the duty of the department simultaneously with the establishment of harbor lines and the determination of harbor areas in front of any city or town, or as soon as practicable, to survey and plat all first-class tidelands and shorelands not previously platted, and in platting the tidelands and shorelands to lay out streets which shall 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 the tidelands, and shall be located at 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 platted tidelands and shorelands and enter the appraisals in its records.
[ 2005 c 155 § 401; 1982 1st ex.s. c 21 § 80. Formerly RCW 79.93.010.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.120 - Aquatic Lands—Waterways and Streets. › 79.120.020 - Streets, waterways, etc., validated.

RCW 79.120.020
Streets, waterways, etc., validated.
All alleys, streets, avenues, boulevards, waterways, and other public places and highways located and platted on the first-class tidelands and shorelands, or harbor areas, as provided by law, and not vacated as provided by law, are validated as public highways and dedicated to the use of the public for the purposes for which they were intended, subject to vacation as provided for in this chapter.
[ 2005 c 155 § 402; 1982 1st ex.s. c 21 § 81. Formerly RCW 79.93.020.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.120 - Aquatic Lands—Waterways and Streets. › 79.120.030 - Approval of plans/authorize construction on state-owned aquatic lands.

RCW 79.120.030
Approval of plans/authorize construction on state-owned aquatic lands.
The department 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.
[ 2005 c 155 § 403; 1982 1st ex.s. c 21 § 82. Formerly RCW 79.93.030.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.120 - Aquatic Lands—Waterways and Streets. › 79.120.040 - Permits to use waterways.

RCW 79.120.040
Permits to use waterways.
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 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 the port district as provided in RCW 79.105.420.
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 the street, but the control of and the right to use the strip is reserved to the state of Washington, except as authorized by RCW 79.105.420.
[ 2005 c 155 § 404; 1984 c 221 § 21; 1982 1st ex.s. c 21 § 83. Formerly RCW 79.93.040.]
NOTES:
Effective date—1984 c 221: See RCW 79.105.902.
Application to existing property rights: RCW 79.105.040.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.120 - Aquatic Lands—Waterways and Streets. › 79.120.050 - Excavation of waterways—Waterways open to public—Tide gates or locks.

RCW 79.120.050
Excavation of waterways—Waterways open to public—Tide gates or locks.
All waterways excavated through any state-owned tidelands or shorelands by virtue of the provisions of chapter 99, Laws of 1893, so far as they run through the tidelands or shorelands, are 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. However, where tide gates or locks are considered by the contracting parties excavating any waterways to be necessary to the efficiency of the waterway, the department may, in its discretion, authorize tide gates or locks to be constructed and may authorize the parties constructing the waterway to operate them and collect a reasonable toll from vessels passing through the tide gates or locks. Further, the state of Washington or the United States of America can, at any time, appropriate the tide gates or locks upon payment to the parties erecting them of the reasonable value of the tide gates or locks at the date of the appropriation, reasonable value to be ascertained and determined as in other cases of condemnation of private property for public use.
[ 2005 c 155 § 405; 1982 1st ex.s. c 21 § 84. Formerly RCW 79.93.050.]
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.120 - Aquatic Lands—Waterways and Streets. › 79.120.060 - Vacation of waterways—Extension of streets.

RCW 79.120.060
Vacation of waterways—Extension of streets.
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, the waterway or a portion of the waterway may be vacated by written order of the commissioner 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 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 the resolution or ordinance, together with a copy of the vacation order of the commissioner shall be submitted to the United States army corps of engineers for their approval, and if they approve, the waterway or a portion of the waterway is vacated. However, if a port district owns property abutting the waterway and the provisions of this section are otherwise satisfied, the waterway, or the portion of the waterway that abuts the port district property, shall be vacated.
Upon vacation of a waterway, the commissioner shall notify the city in which the waterway is located, and the city has the right, if otherwise permitted by RCW 79.125.200, to extend across the portions so vacated any existing streets, or to select 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. 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 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 79.125.200, the title shall vest in the port district. The title is subject to any railroad or street railway crossings existing at the time of the vacation.
[ 2005 c 155 § 406; 1984 c 221 § 22; 1982 1st ex.s. c 21 § 85. Formerly RCW 79.93.060.]
NOTES:
Effective date—1984 c 221: See RCW 79.105.902.
Application to existing property rights: RCW 79.105.040.
2023 Revised Code of Washington › Title 79 - Public Lands › Chapter 79.125 - Aquatic Lands—Tidelands and Shorelands. › 79.125.010 - Location of line dividing tidelands from shorelands in tidal rivers.

RCW 79.125.010
Location of line dividing tidelands from shorelands in tidal rivers.
The department is authorized to locate in all navigable rivers in this state which are subject to tidal flow, the line dividing the tidelands in the river from the shorelands in the river, and the classification or the location of the dividing line shall be final and not subject to review, and the department shall enter the location of the line upon the plat of the tidelands and shorelands affected.
[ 2005 c 155 § 532; 1982 1st ex.s. c 21 § 118. Formerly RCW 79.94.330.]