reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.410 - Right of entry and access to records pertinent to investigations.

RCW 90.56.410
Right of entry and access to records pertinent to investigations.
(1) The department, through its duly authorized representatives, shall have the power to enter upon any private or public property, including the boarding of any ship, at any reasonable time, and the owner, managing agent, master, or occupant of such property shall permit such entry for the purpose of investigating conditions relating to violations or possible violations of this chapter, and to have access to any pertinent records relating to such property, including but not limited to operation and maintenance records and logs. The authority granted in this section shall not be construed to require any person to divulge trade secrets or secret processes. The director may issue subpoenas for the production of any books, records, documents, or witnesses in any hearing conducted pursuant to this chapter.
(2) The department may utilize the authority granted to it in RCW 79.100.140 for the purposes of mitigating a potential threat to health, safety, or the environment from a vessel.
[ 2013 c 291 § 36; 1990 c 116 § 23; 1987 c 109 § 151; 1969 ex.s. c 133 § 8. Formerly RCW 90.48.355.]
NOTES:
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.420 - Authorized discharges of oil—Permits.

RCW 90.56.420
Authorized discharges of oil—Permits.
Any person who proposes to discharge oil or cause or permit the entry of same into waters of the state shall prior to such discharge obtain permission from the director. The director is authorized to permit the discharge of oil into waters of the state consistent with the pertinent effluent and receiving water standards and treatment requirements established by the department. Permission for industrial or commercial discharges shall be given through the terms of a waste discharge permit issued pursuant to RCW 90.48.180. Permission shall be given in all other cases on a form prescribed by the director.
[ 1987 c 109 § 149; 1970 ex.s. c 88 § 8. Formerly RCW 90.48.343.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.500 - Oil spill response account.

RCW 90.56.500
Oil spill response account.
(1) The state oil spill response account is created in the state treasury. All receipts from RCW 82.23B.020(1) shall be deposited in the account. All costs reimbursed to the state by a responsible party or any other person for responding to a spill of oil shall also be deposited in the account. Moneys in the account shall be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW.
(2)(a) The account shall be used exclusively to pay for:
(i) The costs associated with the response to spills or imminent threats of spills of crude oil or petroleum products into the waters of the state; and
(ii) The costs associated with the department's use of an emergency response towing vessel.
(b) During the 2017-2019 fiscal biennium, the legislature may transfer up to four million seven hundred twenty-one thousand dollars from the account to the oil spill prevention account created in RCW 90.56.510.
(c) During the 2019-2021 fiscal biennium, the legislature may transfer up to one million forty thousand dollars from the account to the oil spill prevention account created in RCW 90.56.510.
(3) Payment of response costs under subsection (2)(a)(i) of this section shall be limited to spills which the director has determined are likely to exceed one thousand dollars.
(4) Before expending moneys from the account, but without delaying response activities, the director shall make reasonable efforts to obtain funding for response costs under subsection (2) of this section from the person responsible for the spill and from other sources, including the federal government.
(5) Reimbursement for response costs from this account shall be allowed only for costs which are not covered by funds appropriated to the agencies responsible for response activities. Costs associated with the response to spills of crude oil or petroleum products shall include:
(a) Natural resource damage assessment and related activities;
(b) Spill related response, containment, wildlife rescue, cleanup, disposal, and associated costs;
(c) Interagency coordination and public information related to a response; and
(d) Appropriate travel, goods and services, contracts, and equipment.
[ 2019 c 415 § 993; 2018 c 299 § 918; 2015 c 274 § 6; 2009 c 11 § 9; 1991 c 200 § 805.]
NOTES:
Effective date—2019 c 415: See note following RCW 28B.20.476.
Effective date—2018 c 299: See note following RCW 43.41.433.
Effective date—2015 c 274: See note following RCW 90.56.005.
Findings—Intent—2009 c 11: See note following RCW 88.46.130.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.530 - Reckless operation of a tank vessel—Penalty.

RCW 90.56.530
Reckless operation of a tank vessel—Penalty.
(1) A person commits the crime of reckless operation of a tank vessel if, while (a) navigating a tank vessel, (b) piloting a tank vessel, or (c) on the vessel control bridge and in control of the motion, direction, or speed of a tank vessel, the person, with recklessness as defined in RCW 9A.08.010, causes a release of oil.
(2) Reckless operation of a tank vessel is a class C felony under chapter 9A.20 RCW.
[ 1991 c 200 § 604. Formerly RCW 88.16.210.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.540 - Operation of a vessel while under influence of liquor or drugs—Penalty.

RCW 90.56.540
Operation of a vessel while under influence of liquor or drugs—Penalty.
(1) A person is guilty of operating a vessel while under the influence of intoxicating liquor or drugs if the person operates a covered vessel within this state while:
(a) The person has 0.06 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 90.56.550; or
(b) The person has 0.06 percent or more by weight of alcohol in the person's blood as shown by analysis of the person's blood made under RCW 90.56.550; or
(c) The person is under the influence of or affected by intoxicating liquor or drugs; or
(d) The person is under the combined influence of or affected by intoxicating liquor or drugs.
(2) The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.
(3) Operating a vessel while intoxicated is a class C felony under chapter 9A.20 RCW.
[ 2000 c 69 § 23; 1991 c 200 § 605. Formerly RCW 88.16.220.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.550 - Breath or blood analysis.

RCW 90.56.550
Breath or blood analysis.
(1) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating a vessel while under the influence of intoxicating liquor or drugs, if the amount of alcohol in the person's blood or breath at the time alleged as shown by analysis of his blood or breath is less than 0.06 percent by weight of alcohol in his blood or 0.06 grams of alcohol per two hundred ten liters of the person's breath, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or drugs.
(2) The breath analysis shall be based upon grams of alcohol per two hundred ten liters of breath. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.
(3) Analysis of the person's blood or breath to be considered valid under this section shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist shall approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits that are subject to termination or revocation at the discretion of the state toxicologist.
(4) If a blood test is administered under this section, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens.
(5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(6) Upon the request of the person who submits to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or his or her attorney.
[ 1991 c 200 § 606. Formerly RCW 88.16.230.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.560 - Limited immunity for blood withdrawal.

RCW 90.56.560
Limited immunity for blood withdrawal.
No physician, registered nurse, qualified technician, or hospital, or duly licensed clinical laboratory employing or using services of the physician, registered nurse, or qualified technician, may incur any civil or criminal liability as a result of the act of withdrawing blood from any person when directed by a law enforcement officer to do so for the purpose of a blood test under RCW 90.56.550. This section shall not relieve any physician, registered nurse, qualified technician, or hospital or duly licensed clinical laboratory from civil liability arising from the use of improper procedures or failing to exercise the required standard of care.
[ 2000 c 69 § 24; 1991 c 200 § 607. Formerly RCW 88.16.240.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.569 - Updates to the senate and house of representatives.

RCW 90.56.569
Updates to the senate and house of representatives.
(1) The department must provide to the relevant policy and fiscal committees of the senate and house of representatives updates by December 31, 2019, and December 31, 2021, consistent with the requirements of RCW 43.01.036, as to the progress made in completing state and federal geographic response plans as needed in contingency plans required under RCW 90.56.060, 90.56.210, and 88.46.060.
(2) In its updates of geographic response plans, the department must address situations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water.
(3) All requirements in this section are subject to the availability of amounts appropriated for the specific purposes described.
[ 2018 c 262 § 304; 2015 c 274 § 25.]
NOTES:
Findings—Intent—Report—2018 c 262: See notes following RCW 82.23B.010.
Effective date—2015 c 274: See note following RCW 90.56.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.570 - Periodic evaluation and update of planning standards for oil spill response equipment.

RCW 90.56.570
Periodic evaluation and update of planning standards for oil spill response equipment.
To the extent practicable and consistent with RCW 88.46.180, the department shall periodically evaluate and update planning standards for oil spill response equipment required under contingency plans required by this chapter in order to ensure access in the state to equipment that represents the best achievable protection to respond to a worst case spill and provide for continuous operation of oil spill response activities to the maximum extent practicable and without jeopardizing crew safety, as determined by the incident commander or the unified command. The department must coordinate evaluation and update planning requirements under this section with requirements under RCW 88.46.180 to eliminate duplication.
[ 2015 c 274 § 28.]
NOTES:
Effective date—2015 c 274: See note following RCW 90.56.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.580 - Crude oil vapor pressure—Maximum—Penalty.

RCW 90.56.580
Crude oil vapor pressure—Maximum—Penalty.
(1)(a) A facility constructed or permitted after January 1, 2019, may not load or unload crude oil into or from a rail tank car unless the oil has a vapor pressure of less than nine pounds per square inch.
(b) A facility may not load or unload crude oil into or from a rail tank car unless the oil has a vapor pressure of less than nine pounds per square inch beginning two years after the volume of crude oil transported by rail to the facility for a calendar year as reported under RCW 90.56.565 has increased more than ten percent above the volume reported for calendar year 2018.
(2) The director may impose a penalty of up to twenty-five hundred dollars per day per rail tank car or the equivalent volume of oil for violations of this section. Any penalty recovered pursuant to this section must be credited to the coastal protection fund created in RCW 90.48.390.
(3) This section does not: (a) Prohibit a railroad car carrying crude oil from entering Washington; (b) require a railroad car carrying crude oil to stop before entering Washington; or (c) require a railroad car carrying crude oil to be checked for vapor pressure before entering Washington.
[ 2019 c 354 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.900 - Construction—Appeal not to stay order, rule, or regulation.

RCW 90.56.900
Construction—Appeal not to stay order, rule, or regulation.
This chapter, being necessary for the general welfare, the public health, and the public safety of the state and its inhabitants, shall be liberally construed to effect their purposes. No rule, regulation, or order of the department shall be stayed pending appeal under this chapter.
[ 1991 c 200 § 1107; 1971 ex.s. c 180 § 10. Formerly RCW 90.48.907.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.56 - Oil and Hazardous Substance Spill Prevention and Response. › 90.56.901 - Effective dates—1991 c 200.

RCW 90.56.901
Effective dates—1991 c 200.
(1) Sections 101 through 429, 501 through 706, 805 through 807, 810 through 817, and 901 through 1118 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 15, 1991].
(2) Sections 801 through 804, 808, and 809 of this act shall take effect October 1, 1991.
[ 1991 c 200 § 1119.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.010 - Short title.

RCW 90.58.010
Short title.
This chapter shall be known and may be cited as the "Shoreline Management Act of 1971".
[ 1971 ex.s. c 286 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.040 - Program applicable to shorelines of the state.

RCW 90.58.040
Program applicable to shorelines of the state.
The shoreline management program of this chapter shall apply to the shorelines of the state as defined in this chapter.
[ 1971 ex.s. c 286 § 4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.045 - Environmental excellence program agreements—Effect on chapter.

RCW 90.58.045
Environmental excellence program agreements—Effect on chapter.
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 § 28.]
NOTES:
Purpose—1997 c 381: See RCW 43.21K.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.050 - Program as cooperative between local government and state—Responsibilities differentiated.

RCW 90.58.050
Program as cooperative between local government and state—Responsibilities differentiated.
This chapter establishes a cooperative program of shoreline management between local government and the state. Local government shall have the primary responsibility for initiating the planning required by this chapter and administering the regulatory program consistent with the policy and provisions of this chapter. The department shall act primarily in a supportive and review capacity with an emphasis on providing assistance to local government and on insuring compliance with the policy and provisions of this chapter.
[ 1995 c 347 § 303; 1971 ex.s. c 286 § 5.]
NOTES:
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.060 - Review and adoption of guidelines—Public hearings, notice of—Amendments.

RCW 90.58.060
Review and adoption of guidelines—Public hearings, notice of—Amendments.
(1) The department shall periodically review and adopt guidelines consistent with RCW 90.58.020, containing the elements specified in RCW 90.58.100 for:
(a) Development of master programs for regulation of the uses of shorelines; and
(b) Development of master programs for regulation of the uses of shorelines of statewide significance.
(2) Before adopting or amending guidelines under this section, the department shall provide an opportunity for public review and comment as follows:
(a) The department shall mail copies of the proposal to all cities, counties, and federally recognized Indian tribes, and to any other person who has requested a copy, and shall publish the proposed guidelines in the Washington state register. Comments shall be submitted in writing to the department within sixty days from the date the proposal has been published in the register.
(b) The department shall hold at least four public hearings on the proposal in different locations throughout the state to provide a reasonable opportunity for residents in all parts of the state to present statements and views on the proposed guidelines. Notice of the hearings shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in each county of the state. If an amendment to the guidelines addresses an issue limited to one geographic area, the number and location of hearings may be adjusted consistent with the intent of this subsection to assure all parties a reasonable opportunity to comment on the proposed amendment. The department shall accept written comments on the proposal during the sixty-day public comment period and for seven days after the final public hearing.
(c) At the conclusion of the public comment period, the department shall review the comments received and modify the proposal consistent with the provisions of this chapter. The proposal shall then be published for adoption pursuant to the provisions of chapter 34.05 RCW.
(3) The department may adopt amendments to the guidelines not more than once each year. Such amendments shall be limited to: (a) Addressing technical or procedural issues that result from the review and adoption of master programs under the guidelines; or (b) issues of guideline compliance with statutory provisions.
[ 2003 c 262 § 1; 1995 c 347 § 304; 1971 ex.s. c 286 § 6.]
NOTES:
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.070 - Local governments to submit letters of intent—Department to act upon failure of local government.

RCW 90.58.070
Local governments to submit letters of intent—Department to act upon failure of local government.
(1) Local governments are directed with regard to shorelines of the state in their various jurisdictions to submit to the director of the department, within six months from June 1, 1971, letters stating that they propose to complete an inventory and develop master programs for these shorelines as provided for in RCW 90.58.080.
(2) If any local government fails to submit a letter as provided in subsection (1) of this section, or fails to adopt a master program for the shorelines of the state within its jurisdiction in accordance with the time schedule provided in this chapter, the department shall carry out the requirements of RCW 90.58.080 and adopt a master program for the shorelines of the state within the jurisdiction of the local government.
[ 1971 ex.s. c 286 § 7.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.110 - Development of program within two or more adjacent local government jurisdictions—Development of program in segments, when.

RCW 90.58.110
Development of program within two or more adjacent local government jurisdictions—Development of program in segments, when.
(1) Whenever it shall appear to the director that a master program should be developed for a region of the shorelines of the state which includes lands and waters located in two or more adjacent local government jurisdictions, the director shall designate such region and notify the appropriate units of local government thereof. It shall be the duty of the notified units to develop cooperatively an inventory and master program in accordance with and within the time provided in RCW 90.58.080.
(2) At the discretion of the department, a local government master program may be adopted in segments applicable to particular areas so that immediate attention may be given to those areas of the shorelines of the state in most need of a use regulation.
[ 1971 ex.s. c 286 § 11.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.120 - Adoption of rules, programs, etc., subject to RCW 34.05.310 through 34.05.395—Public hearings, notice of—Public inspection after approval or adoption.

RCW 90.58.120
Adoption of rules, programs, etc., subject to RCW 34.05.310 through 34.05.395—Public hearings, notice of—Public inspection after approval or adoption.
All rules, regulations, designations, and guidelines, issued by the department, and master programs and amendments adopted by the department pursuant to RCW 90.58.070(2) or * 90.58.090(4) shall be adopted or approved in accordance with the provisions of RCW 34.05.310 through 34.05.395 insofar as such provisions are not inconsistent with the provisions of this chapter. In addition:
(1) Prior to the adoption by the department of a master program, or portion thereof pursuant to RCW 90.58.070(2) or * 90.58.090(4), at least one public hearing shall be held in each county affected by a program or portion thereof for the purpose of obtaining the views and comments of the public. Notice of each such hearing shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in the county in which the hearing is to be held.
(2) All guidelines, regulations, designations, or master programs adopted or approved under this chapter shall be available for public inspection at the office of the department or the appropriate county and city. The terms "adopt" and "approve" for purposes of this section, shall include modifications and rescission of guidelines.
[ 1995 c 347 § 308; 1989 c 175 § 182; 1975 1st ex.s. c 182 § 2; 1971 ex.s. c 286 § 12.]
NOTES:
*Reviser's note: RCW 90.58.090 was amended by 2003 c 321 § 3, changing subsection (4) to subsection (5).
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.130 - Involvement of all persons and entities having interest, means.

RCW 90.58.130
Involvement of all persons and entities having interest, means.
To insure that all persons and entities having an interest in the guidelines and master programs developed under this chapter are provided with a full opportunity for involvement in both their development and implementation, the department and local governments shall:
(1) Make reasonable efforts to inform the people of the state about the shoreline management program of this chapter and in the performance of the responsibilities provided in this chapter, shall not only invite but actively encourage participation by all persons and private groups and entities showing an interest in shoreline management programs of this chapter; and
(2) Invite and encourage participation by all agencies of federal, state, and local government, including municipal and public corporations, having interests or responsibilities relating to the shorelines of the state. State and local agencies are directed to participate fully to insure that their interests are fully considered by the department and local governments.
[ 1971 ex.s. c 286 § 13.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.143 - Time requirements—Substantial development permits, variances, conditional use permits.

RCW 90.58.143
Time requirements—Substantial development permits, variances, conditional use permits.
(1) The time requirements of this section shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit authorized under this chapter. Upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of the master program and this chapter, local government may adopt different time limits from those set forth in subsections (2) and (3) of this section as a part of action on a substantial development permit.
(2) Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two years of the effective date of a substantial development permit. However, local government may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the substantial development permit and to the department.
(3) Authorization to conduct construction activities shall terminate five years after the effective date of a substantial development permit. However, local government may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to the department.
(4) The effective date of a substantial development permit shall be the date of filing as provided in RCW 90.58.140(6). The permit time periods in subsections (2) and (3) of this section do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals.
[ 1997 c 429 § 51; 1996 c 62 § 1.]
NOTES:
Severability—1997 c 429: See note following RCW 36.70A.3201.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.147 - Substantial development permit—Exemption for projects to improve fish or wildlife habitat or fish passage.

RCW 90.58.147
Substantial development permit—Exemption for projects to improve fish or wildlife habitat or fish passage.
(1) A public or private project that is designed to improve fish or wildlife habitat or fish passage shall be exempt from the substantial development permit requirements of this chapter when all of the following apply:
(a) The project has been approved by the department of fish and wildlife or, for forest practices hydraulic projects within the scope of RCW 77.55.181, the department of natural resources if the local government notification provisions of RCW 77.55.181 are satisfied;
(b) The project has received hydraulic project approval by the department of fish and wildlife pursuant to chapter 77.55 RCW or approval of a forest practices hydraulic project within the scope of RCW 77.55.181 from the department of natural resources if the local government notification provisions of RCW 77.55.181 are satisfied; and
(c) The local government has determined that the project is substantially consistent with the local shoreline master program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent.
(2) Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 are determined to be consistent with local shoreline master programs.
(3) Public projects for the primary purpose of fish passage improvement or fish passage barrier removal are exempt from the substantial development permit requirements of this chapter.
[ 2021 c 289 § 2; 2019 c 150 § 2; 2003 c 39 § 49; 1998 c 249 § 4; 1995 c 333 § 1.]
NOTES:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.150 - Selective commercial timber cutting, when.

RCW 90.58.150
Selective commercial timber cutting, when.
With respect to timber situated within two hundred feet abutting landward of the ordinary high water mark within shorelines of statewide significance, the department or local government shall allow only selective commercial timber cutting, so that no more than thirty percent of the merchantable trees may be harvested in any ten year period of time: PROVIDED, That other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions or silviculture practices necessary for regeneration render selective logging ecologically detrimental: PROVIDED FURTHER, That clear cutting of timber which is solely incidental to the preparation of land for other uses authorized by this chapter may be permitted.
[ 1971 ex.s. c 286 § 15.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.160 - Prohibition against seabed mining for hard minerals and surface drilling for oil or gas, where.

RCW 90.58.160
Prohibition against seabed mining for hard minerals and surface drilling for oil or gas, where.
(1) Seabed mining for hard minerals and surface drilling for oil or gas is prohibited in the waters of Puget Sound north to the Canadian boundary and the Strait of Juan de Fuca seaward from the ordinary high water mark and on all lands within one thousand feet landward from said mark.
(2)(a) For purposes of this section, "hard minerals" means natural deposits of valuable minerals including, but not limited to, metals and placer deposits of metals, nonmetallic minerals, gemstones, ores, sediments, gold, silver, copper, lead, iron, manganese, silica, chrome, platinum, tungsten, zirconium, titanium, garnet, and phosphorus.
(b) "Hard minerals" does not include rock, gravel, sand, silt, coal, or hydrocarbons.
[ 2021 c 181 § 3; 1971 ex.s. c 286 § 16.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.170 - Shorelines hearings board—Established—Members—Chair—Quorum for decision—Expenses of members.

RCW 90.58.170
Shorelines hearings board—Established—Members—Chair—Quorum for decision—Expenses of members.
A shorelines hearings board sitting as a quasi-judicial body is hereby established within the environmental and land use hearings office under *RCW 43.21B.005. The shorelines hearings board shall be made up of six members: Three members shall be members of the pollution control hearings board; two members, one appointed by the association of Washington cities and one appointed by the association of county commissioners, both to serve at the pleasure of the associations; and the commissioner of public lands or his or her designee. The chair of the pollution control hearings board shall be the chair of the shorelines hearings board. Except as provided in RCW 90.58.185, a decision must be agreed to by at least four members of the board to be final. The members of the shorelines hearings board shall receive the compensation, travel, and subsistence expenses as provided in RCW 43.03.050 and 43.03.060.
[ 2013 c 23 § 614; 1994 c 253 § 1; 1988 c 128 § 76; 1979 ex.s. c 47 § 6; 1971 ex.s. c 286 § 17.]
NOTES:
*Reviser's note: RCW 43.21B.005 was amended by 2010 c 210 § 4, changing the "environmental hearings office" to the "environmental and land use hearings office", effective July 1, 2011.
Intent—1979 ex.s. c 47: See note following RCW 43.21B.005.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.175 - Rules and regulations.

RCW 90.58.175
Rules and regulations.
The shorelines hearings board may adopt rules and regulations governing the administrative practice and procedure in and before the board.
[ 1973 1st ex.s. c 203 § 3.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.185 - Appeals involving single-family residences, involving penalties of fifteen thousand dollars or less, or other designated cases—Composition of board—Rules to expedite appeals.

RCW 90.58.185
Appeals involving single-family residences, involving penalties of fifteen thousand dollars or less, or other designated cases—Composition of board—Rules to expedite appeals.
(1) In the case of an appeal involving a single-family residence or appurtenance to a single-family residence, including a dock or pier designed to serve a single-family residence, appeals involving a penalty of fifteen thousand dollars or less, or other cases designated by the chair of the hearings board, the request for review may be heard by a panel of three board members, at least one and not more than two of whom shall be members of the pollution control hearings board. Two members of the three must agree to issue a final decision of the board. In designating appeals for review by panels of three hearings board members, the chair shall consider factors such as the complexity and precedential nature of the case and the efficiency and cost-effectiveness of using a short board versus a full board.
(2) The board shall define by rule alternative processes to expedite appeals, including those involving a single-family residence or appurtenance to a single-family residence, including a dock or pier designed to serve a single-family residence, or involving a penalty of fifteen thousand dollars or less. These alternatives may include: Mediation, upon agreement of all parties; submission of testimony by affidavit; or other forms that may lead to less formal and faster resolution of appeals.
[ 2009 c 422 § 1; 2005 c 34 § 1; 1994 c 253 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.195 - Shoreline master plan review—Local governments with coastal waters or coastal shorelines.

RCW 90.58.195
Shoreline master plan review—Local governments with coastal waters or coastal shorelines.
(1) The department of ecology, in cooperation with other state agencies and coastal local governments, shall prepare and adopt ocean use guidelines and policies to be used in reviewing, and where appropriate, amending, shoreline master programs of local governments with coastal waters or coastal shorelines within their boundaries. These guidelines shall be finalized by April 1, 1990.
(2) After the department of ecology has adopted the guidelines required in subsection (1) of this section, counties, cities, and towns with coastal waters or coastal shorelines shall review their shoreline master programs to ensure that the programs conform with RCW 43.143.010 and 43.143.030 and with the department of ecology's ocean use guidelines. Amended master programs shall be submitted to the department of ecology for its approval under RCW 90.58.090 by June 30, 1991.
[ 1989 1st ex.s. c 2 § 13.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.200 - Rules and regulations.

RCW 90.58.200
Rules and regulations.
The department and local governments are authorized to adopt such rules as are necessary and appropriate to carry out the provisions of this chapter.
[ 1971 ex.s. c 286 § 20.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.210 - Court actions to ensure against conflicting uses and to enforce—Civil penalty—Review.

RCW 90.58.210
Court actions to ensure against conflicting uses and to enforce—Civil penalty—Review.
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, the attorney general or the attorney for the local government shall bring such injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the shorelines of the state in conflict with the provisions and programs of this chapter, and to otherwise enforce the provisions of this chapter.
(2) Any person who shall fail to conform to the terms of a permit issued under this chapter or who shall undertake development on the shorelines of the state without first obtaining any permit required under this chapter shall also be subject to a civil penalty not to exceed one thousand dollars for each violation. Each permit violation or each day of continued development without a required permit shall constitute a separate violation.
(3) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department or local government, describing the violation with reasonable particularity and ordering the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time.
(4) The person incurring the penalty may appeal within thirty days from the date of receipt of the penalty. The term "date of receipt" has the same meaning as provided in RCW 43.21B.001. Any penalty imposed pursuant to this section by the department shall be subject to review by the shorelines hearings board. Any penalty imposed pursuant to this section by local government shall be subject to review by the local government legislative authority. Any penalty jointly imposed by the department and local government shall be appealed to the shorelines hearings board.
[ 2010 c 210 § 39; 1995 c 403 § 637; 1986 c 292 § 4; 1971 ex.s. c 286 § 21.]
NOTES:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
Severability—1986 c 292: See note following RCW 90.58.030.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.220 - General penalty.

RCW 90.58.220
General penalty.
In addition to incurring civil liability under RCW 90.58.210, any person found to have wilfully engaged in activities on the shorelines of the state in violation of the provisions of this chapter or any of the master programs, rules, or regulations adopted pursuant thereto shall be guilty of a gross misdemeanor, and shall be punished by a fine of not less than twenty-five nor more than one thousand dollars or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment: PROVIDED, That the fine for the third and all subsequent violations in any five-year period shall be not less than five hundred nor more than ten thousand dollars: PROVIDED FURTHER, That fines for violations of RCW 90.58.550, or any rule adopted thereunder, shall be determined under RCW 90.58.560.
[ 1983 c 138 § 3; 1971 ex.s. c 286 § 22.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.230 - Violators liable for damages resulting from violation—Attorney's fees and costs.

RCW 90.58.230
Violators liable for damages resulting from violation—Attorney's fees and costs.
Any person subject to the regulatory program of this chapter who violates any provision of this chapter or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The attorney general or local government attorney shall bring suit for damages under this section on behalf of the state or local governments. Private persons shall have the right to bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party.
[ 1971 ex.s. c 286 § 23.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.240 - Additional authority granted department and local governments.

RCW 90.58.240
Additional authority granted department and local governments.
In addition to any other powers granted hereunder, the department and local governments may:
(1) Acquire lands and easements within shorelines of the state by purchase, lease, or gift, either alone or in concert with other governmental entities, when necessary to achieve implementation of master programs adopted hereunder;
(2) Accept grants, contributions, and appropriations from any agency, public or private, or individual for the purposes of this chapter;
(3) Appoint advisory committees to assist in carrying out the purposes of this chapter;
(4) Contract for professional or technical services required by it which cannot be performed by its employees.
[ 1972 ex.s. c 53 § 1; 1971 ex.s. c 286 § 24.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.250 - Intent—Department to cooperate with local governments—Grants for development of master programs.

RCW 90.58.250
Intent—Department to cooperate with local governments—Grants for development of master programs.
(1) The legislature intends to eliminate the limits on state funding of shoreline master program development and amendment costs. The legislature further intends that the state will provide funding to local governments that is reasonable and adequate to accomplish the costs of developing and amending shoreline master programs consistent with the schedule established by RCW 90.58.080. Except as specifically described herein, nothing in chapter 262, Laws of 2003 is intended to alter the existing obligation, duties, and benefits provided by chapter 262, Laws of 2003 to local governments and the department.
(2) The department is directed to cooperate fully with local governments in discharging their responsibilities under this chapter. Funds shall be available for distribution to local governments on the basis of applications for preparation of master programs and the provisions of RCW 90.58.080(7). Such applications shall be submitted in accordance with regulations developed by the department. The department is authorized to make and administer grants within appropriations authorized by the legislature to any local government within the state for the purpose of developing a master shorelines program.
[ 2003 c 262 § 3; 1971 ex.s. c 286 § 25.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.260 - State to represent its interest before federal agencies, interstate agencies and courts.

RCW 90.58.260
State to represent its interest before federal agencies, interstate agencies and courts.
The state, through the department of ecology and the attorney general, shall represent its interest before water resource regulation management, development, and use agencies of the United States, including among others, the federal power commission, environmental protection agency, corps of engineers, department of the interior, department of agriculture and the atomic energy commission, before interstate agencies and the courts with regard to activities or uses of shorelines of the state and the program of this chapter. Where federal or interstate agency plans, activities, or procedures conflict with state policies, all reasonable steps available shall be taken by the state to preserve the integrity of its policies.
[ 1971 ex.s. c 286 § 26.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.280 - Application to all state agencies, counties, public and municipal corporations.

RCW 90.58.280
Application to all state agencies, counties, public and municipal corporations.
The provisions of this chapter shall be applicable to all agencies of state government, counties, and public and municipal corporations and to all shorelines of the state owned or administered by them.
[ 1971 ex.s. c 286 § 28.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.58 - Shoreline Management Act of 1971. › 90.58.290 - Restrictions as affecting fair market value of property.

RCW 90.58.290
Restrictions as affecting fair market value of property.
The restrictions imposed by this chapter shall be considered by the county assessor in establishing the fair market value of the property.
[ 1971 ex.s. c 286 § 29.]