reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.045 - Number of signs—Spacing—Tourist facility, business or agricultural signs.

RCW 47.42.045
Number of signs—Spacing—Tourist facility, business or agricultural signs.
(1) Not more than one type 3 sign visible to traffic proceeding in any one direction on an interstate system, primary system outside an incorporated city or town or commercial or industrial area, or scenic system highway may be permitted more than fifty feet from the advertised activity;
(2) A type 3 sign, other than one along any portion of the primary system within an incorporated city or town or within any commercial or industrial area, permitted more than fifty feet from the advertised activity pursuant to subsection (1) of this section shall not be erected or maintained a greater distance from the advertised activity than one of the following options selected by the owner of the business being advertised:
(a) One hundred fifty feet measured along the edge of the protected highway from the main entrance to the activity advertised (when applicable);
(b) One hundred fifty feet from the main building of the advertised activity; or
(c) Fifty feet from a regularly used parking lot maintained by and contiguous to the advertised activity.
(3) In addition to signs permitted by subsections (1) and (2) of this section, the commission may adopt regulations permitting one type 3 sign visible to traffic proceeding in any one direction on an interstate, primary or scenic system highway on premises which, on June 25, 1976, are used wholly or in part as an operating business, farm, ranch or orchard which sign bears only the name of the business, farm, ranch or orchard and a directional arrow or short directional message. Regulations adopted under this subsection shall prohibit the erection or maintenance of such type 3 signs on narrow strips of land a substantial distance from but connected with a business, farm, ranch or orchard. Signs permitted under this subsection shall not exceed fifty square feet in area.
(4) The commission with advice from the parks and recreation commission shall adopt specifications for a uniform system of official tourist facility directional signs to be used on the scenic system highways. Official directional signs shall be posted by the commission to inform motorists of types of tourist and recreational facilities available off the scenic system which are accessible by way of public or private roads intersecting scenic system highways.
[1975-'76 2nd ex.s. c 55 § 2; 1974 ex.s. c 154 § 1; 1974 ex.s. c 138 § 1; 1971 ex.s. c 62 § 5.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.050 - Information signs by governmental units.

RCW 47.42.050
Information signs by governmental units.
Information signs may be erected and maintained by the state, any county, city, or town.
[ 1961 c 96 § 5.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.055 - Roadside area information panels or displays.

RCW 47.42.055
Roadside area information panels or displays.
The department is authorized to erect roadside area information panels or displays adjacent to the state highway system within this state. The department may contract with private persons for the erection and operation of the information panels or displays. Compensation to the contractors shall be derived solely from the reasonable fees that the contractors will be permitted to charge participating businesses for making and exhibiting business signs and displays and for rendering services to tourists.
[ 1985 c 376 § 5; 1984 c 7 § 225; 1977 ex.s. c 258 § 2.]
NOTES:
Legislative intent—1985 c 376: See note following RCW 47.42.020.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.060 - Rules for signs visible from interstate and scenic systems—Judicial review.

RCW 47.42.060
Rules for signs visible from interstate and scenic systems—Judicial review.
The department shall adopt rules for the erection and maintenance of signs that are visible from the main traveled way of the interstate system and the scenic system and that are permitted by this chapter and other rules for the administration of this chapter consistent with the policy of this chapter and the national policy set forth in section 131, title 23, United States Code as codified and enacted by Public Law 85-767 and amended only by section 106, Public Law 86-342 and the regulations promulgated thereunder by the secretary of commerce or the secretary of transportation. Proceedings for review of any action taken by the department pursuant to this chapter shall be instituted by filing a petition only in the superior court of Thurston county.
[ 1984 c 7 § 226; 1971 ex.s. c 62 § 6; 1961 c 96 § 6.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.063 - Signs visible from primary system in commercial and industrial areas—Preexisting signs—Permissible signs—Spacing.

RCW 47.42.063
Signs visible from primary system in commercial and industrial areas—Preexisting signs—Permissible signs—Spacing.
(1) Signs within six hundred and sixty feet of the nearest edge of the right-of-way lawfully erected and maintained which are visible from the main traveled way of the primary system within commercial and industrial areas on June 1, 1971 shall be permitted to remain and be maintained.
(2) Signs within six hundred and sixty feet of the nearest edge of the right-of-way which are visible from the main traveled way of the primary system within commercial and industrial areas whose size, lighting, and spacing are consistent with customary use as set forth in RCW 47.42.062 may be erected and maintained. Signs lawfully erected and maintained on June 1, 1971 shall be included in the determination of spacing requirements for additional signs.
[ 1975 1st ex.s. c 271 § 4; 1971 ex.s. c 62 § 8.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.065 - Signs viewable from other highways or streets—Requirements.

RCW 47.42.065
Signs viewable from other highways or streets—Requirements.
Notwithstanding any other provision of chapter 47.42 RCW, signs may be erected and maintained more than six hundred and sixty feet from the nearest edge of the right-of-way which are visible from the main traveled way of the interstate system, primary system, or scenic system when designed and oriented to be viewed from highways or streets other than the interstate system, primary system, or the scenic system and the advertising or informative contents of which may not be clearly comprehended by motorists using the main traveled way of the interstate system, primary system or scenic system.
[ 1975 1st ex.s. c 271 § 5; 1971 ex.s. c 62 § 9.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.070 - State and local prohibitions.

RCW 47.42.070
State and local prohibitions.
Nothing in this chapter shall be construed to permit a person to erect or maintain any sign that is otherwise prohibited by statute or by the resolution or ordinance of any county, city, or town of the state of Washington.
[ 1961 c 96 § 7.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.090 - Revocation of permit.

RCW 47.42.090
Revocation of permit.
If any person is convicted of a violation of this chapter, or any rule adopted hereunder, the department may revoke any permit issued to that person under this chapter.
[ 1984 c 7 § 228; 1961 c 96 § 9.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.100 - Preexisting signs—Moratorium.

RCW 47.42.100
Preexisting signs—Moratorium.
(1) No sign lawfully erected in a protected area as defined by section 2, chapter 96, Laws of 1961 (before the amendment thereof), prior to March 11, 1961, within a commercial or industrial zone within the boundaries of any city or town, as such boundaries existed on September 21, 1959, wherein the use of real property adjacent to the interstate system is subject to municipal regulation or control but which does not comply with the provisions of this chapter or any regulations promulgated hereunder, shall be maintained by any person after March 11, 1965.
(2) No sign lawfully erected in a protected area as defined by section 2, chapter 96, Laws of 1961 (before the amendment thereof), prior to March 11, 1961, other than within a commercial or industrial zone within the boundaries of a city or town as such boundaries existed on September 21, 1959, wherein the use of real property adjacent to the interstate system is subject to municipal regulation or control but which does not comply with the provisions of this chapter or any regulations promulgated hereunder, shall be maintained by any person after three years from March 11, 1961.
(3) No sign lawfully erected in a scenic area as defined by section 2, chapter 96, Laws of 1961 (before the amendment thereof), prior to the effective date of the designation of such area as a scenic area shall be maintained by any person after three years from the effective date of the designation of any such area as a scenic area.
(4) No sign visible from the main traveled way of the interstate system, the primary system (other than type 3 signs along any portion of the primary system within an incorporated city or town or within a commercial or industrial area), or the scenic system which was there lawfully maintained immediately prior to May 10, 1971, but which does not comply with the provisions of chapter 47.42 RCW as now or hereafter amended, shall be maintained by any person (a) after three years from May 10, 1971, or (b) with respect to any highway hereafter designated by the legislature as a part of the scenic system, after three years from the effective date of the designation. Signs located in areas zoned by the governing county for predominantly commercial or industrial uses, that do not have development visible to the highway, as determined by the department, and that were lawfully installed after May 10, 1971, visible to any highway now or hereafter designated by the legislature as part of the scenic system, shall be allowed to be maintained.
[ 1993 c 430 § 11; 1974 ex.s. c 154 § 3; 1974 ex.s. c 138 § 3; 1971 ex.s. c 62 § 11; 1963 ex.s. c 3 § 55; 1961 c 96 § 10.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.102 - Compensation for removal of signs—Authorized—Applicability.

RCW 47.42.102
Compensation for removal of signs—Authorized—Applicability.
(1) Except as otherwise provided in subsection (3) of this section, just compensation shall be paid upon the removal of any sign (pursuant to the provisions of chapter 47.42 RCW), lawfully erected under state law, which is visible from the main traveled way of the interstate system or the primary system.
(2) Such compensation shall be paid for the following:
(a) The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device; and
(b) The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain such signs, displays, and devices thereon.
(3) In no event, however, shall compensation be paid for the taking or removal of signs adjacent to the interstate system and the scenic system which became subject to removal pursuant to chapter 96, Laws of 1961 as amended by section 55, chapter 3, Laws of 1963 ex. sess. prior to May 10, 1971.
[ 1975 1st ex.s. c 271 § 2; 1971 ex.s. c 62 § 12.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.103 - Compensation for removal—Action determining amount—Payment—State's share.

RCW 47.42.103
Compensation for removal—Action determining amount—Payment—State's share.
(1) Compensation as required by RCW 47.42.102 shall be paid to the person or persons entitled thereto for the removal of such signs. If no agreement is reached on the amount of compensation to be paid, the department may institute an action by summons and complaint in the superior court for the county in which the sign is located to obtain a determination of the compensation to be paid. If the owner of the sign is unknown and cannot be ascertained after diligent efforts to do so, the department may remove the sign upon the payment of compensation only to the owner of the real property on which the sign is located. Thereafter the owner of the sign may file an action at any time within one year after the removal of the sign to obtain a determination of the amount of compensation he or she should receive for the loss of the sign. If either the owner of the sign or the owner of the real property on which the sign is located cannot be found within the state, service of the summons and complaint on such person for the purpose of obtaining a determination of the amount of compensation to be paid may be by publication in the manner provided by RCW 4.28.100.
(2) If compensation is determined by judicial proceedings, the sum so determined shall be paid into the registry of the court to be disbursed upon removal of the sign by its owner or by the owner of the real property on which the sign is located. If the amount of compensation is agreed upon, the department may pay the agreed sum into escrow to be released upon the removal of the sign by its owner or the owner of the real property on which the sign is located.
(3) The state's share of compensation shall be paid from the motor vehicle fund, or if a court having jurisdiction enters a final judgment declaring that motor vehicle funds may not be used, then from the general fund.
[ 2010 c 8 § 10017; 1984 c 7 § 229; 1971 ex.s. c 62 § 13.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.104 - Compensation for removal—Federal share—Acceptance.

RCW 47.42.104
Compensation for removal—Federal share—Acceptance.
The department may accept any allotment of funds by the United States, or any agency thereof, appropriated to carry out the purposes of section 131 of title 23, United States Code, as now or hereafter amended. The department shall take such steps as may be necessary from time to time to obtain from the United States, or the appropriate agency thereof, funds allotted and appropriated, pursuant to section 131, for the purpose of paying the federal share of the just compensation to be paid to sign owners and owners of real property under the terms of subsection (g) of section 131 and RCW 47.42.102, 47.42.103, and 47.42.104.
[ 1984 c 7 § 230; 1971 ex.s. c 62 § 14.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.105 - Unavailability of federal share.

RCW 47.42.105
Unavailability of federal share.
No sign, display, or device shall be required to be removed if the federal share of the just compensation to be paid upon the removal of such sign, display, or device is not available to make such payment.
[ 1971 ex.s. c 62 § 15.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.107 - Compensation for removal under local authority.

RCW 47.42.107
Compensation for removal under local authority.
(1) Just compensation shall be paid upon the removal of any existing sign pursuant to the provisions of any resolution or ordinance of any county, city, or town of the state of Washington by such county, city, or town if:
(a) Such sign was lawfully in existence on May 10, 1971 (the effective date of the Scenic Vistas Act of 1971); or
(b) Such sign was erected subsequent to May 10, 1971 (the effective date of the Scenic Vistas Act of 1971), in compliance with existing state and local law.
(2) Such compensation shall be paid in the same manner as specified in RCW 47.42.102(2) for the following:
(a) The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device; and
(b) The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain such signs, displays, and devices thereon.
[ 1977 ex.s. c 141 § 1.]
NOTES:
Severability—1977 ex.s. c 141: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1977 ex.s. c 141 § 2.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.110 - Agreements for federal aid.

RCW 47.42.110
Agreements for federal aid.
The department is authorized to enter into agreements (and such supplementary agreements as may be necessary) consistent with this chapter, with the secretary of commerce or the secretary of transportation authorized under section 131(b) of title 23, United States Code, as codified and enacted by Public Law 85-767 and amended only by section 106, Public Law 86-342, in order that the state may become eligible for increased federal aid as provided for in section 131 of title 23, United States Code, as codified and enacted by Public Law 85-767 and amended only by section 106, Public Law 86-342.
[ 1984 c 7 § 231; 1971 ex.s. c 62 § 16; 1961 c 96 § 11.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.120 - Permits—Application—Fees—Renewal—Permissible acts—Revocation.

RCW 47.42.120
Permits—Application—Fees—Renewal—Permissible acts—Revocation.
Notwithstanding any other provisions of this chapter, no sign except a sign of type 1 or 2 or those type 3 signs that advertise activities conducted upon the properties where the signs are located, may be erected or maintained without a permit issued by the department. Application for a permit shall be made to the department on forms furnished by it. The forms shall contain a statement that the owner or lessee of the land in question has consented thereto. For type 8 signs (temporary agricultural directional signs), when the land in question is owned by the department, the consent statement must be reviewed and, if the sign does not create a safety concern, be approved within ten days of application by the department. The application shall be accompanied by a fee established by department rule to be deposited with the state treasurer to the credit of the motor vehicle fund. Permits shall be for the remainder of the calendar year in which they are issued, and accompanying fees shall not be prorated for fractions of the year. Permits must be renewed annually through a certification process established by department rule. Advertising copy may be changed at any time without the payment of an additional fee. Assignment of permits in good standing is effective only upon receipt of written notice of assignment by the department. A permit may be revoked after hearing if the department finds that any statement made in the application or annual certification process was false or misleading, or that the sign covered is not in good general condition and in a reasonable state of repair, or is otherwise in violation of this chapter, if the false or misleading information has not been corrected and the sign has not been brought into compliance with this chapter or rules adopted under it within thirty days after written notification. Beginning July 1, 2014, the department shall establish and charge by rule an annual fee for type 4 and 5 sign permits. The fee must reasonably recover costs for outdoor advertising control program administration and enforcement and may not exceed one hundred fifty dollars. The department shall establish by rule exemptions from payment of the annual fee for type 4 and 5 signs that do not generate rental income.
[ 2013 c 312 § 1; 2010 c 138 § 2; 1999 c 276 § 1; 1984 c 7 § 232; 1971 ex.s. c 62 § 17; 1961 c 96 § 12.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.130 - Permit identification number.

RCW 47.42.130
Permit identification number.
Every permit issued by the department shall be assigned a separate identification number, and each permittee shall fasten to each sign a weatherproof label, not larger than twenty-eight square inches, that shall be furnished by the department and on which shall be plainly visible the permit number. The permittee shall also place his or her name in a conspicuous position on the front or back of each sign. The failure of a sign to have such a label affixed to it is prima facie evidence that it is not in compliance with the provisions of this chapter.
[ 2013 c 312 § 3; 1999 c 276 § 2; 1984 c 7 § 233; 1961 c 96 § 13.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.901 - Severability—1963 ex.s. c 3.

RCW 47.42.901
Severability—1963 ex.s. c 3.
If any provision of *section 55 of this amendatory act shall be held to be invalid or shall be held to invalidate any provision of chapter 96, Laws of 1961 (chapter 47.42 RCW), then that provision of this amendatory act shall be of no force and effect and the provisions of chapter 96, Laws of 1961 (chapter 47.42 RCW) shall continue in effect.
[ 1963 ex.s. c 3 § 56.]
NOTES:
*Reviser's note: The reference to "section 55 of this amendatory act" is to the 1963 amendment of RCW 47.42.100.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.910 - Short title—1961 c 96.

RCW 47.42.910
Short title—1961 c 96.
This chapter shall be known and may be cited as the highway advertising control act of 1961.
[ 1961 c 96 § 17.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.911 - Short title—1971 ex.s. c 62.

RCW 47.42.911
Short title—1971 ex.s. c 62.
This chapter may be cited as the "Scenic Vistas Act."
[ 1999 c 276 § 3; 1971 ex.s. c 62 § 19.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.42 - Highway Advertising Control Act—Scenic Vistas Act. › 47.42.920 - Federal requirements—Conflict and accord.

RCW 47.42.920
Federal requirements—Conflict and accord.
If the secretary of the United States department of transportation finds any part of this chapter to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this chapter is hereby declared to be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this chapter in its application to the agencies concerned. The rules under this chapter shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[ 1985 c 142 § 4.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.44 - Franchises on State Highways. › 47.44.010 - Wire and pipe line and tram and railway franchises—Application—Rules on hearing and notice.

RCW 47.44.010
Wire and pipe line and tram and railway franchises—Application—Rules on hearing and notice.
(1) The department of transportation may grant franchises to persons, associations, private or municipal corporations, the United States government, or any agency thereof, to use any state highway for the construction and maintenance of water pipes, flume, gas, oil or coal pipes, telephone, telegraph, fiber optic, electric light and power lines and conduits, trams or railways, and any structures or facilities that are part of an urban public transportation system owned or operated by a municipal corporation, agency, or department of the state of Washington other than the department of transportation, and any other such facilities. In order to minimize the disruption to traffic and damage to the roadway, the department is encouraged to develop a joint trenching policy with other affected jurisdictions so that all permittees and franchisees requiring access to ground under the roadway may do so at one time.
(2) All applications for the franchise must be made in writing and subscribed by the applicant, and describe the state highway or portion thereof over which franchise is desired and the nature of the franchise. The application must also include the identification of all jurisdictions affected by the franchise and the names of other possible franchisees who should receive notice of the application for a franchise.
(3) The department of transportation shall adopt rules providing for a hearing or an opportunity for a hearing with reasonable public notice thereof with respect to any franchise application involving the construction and maintenance of utilities or other facilities within the highway right-of-way which the department determines may (a) during construction, significantly disrupt the flow of traffic or use of driveways or other facilities within the right-of-way, or (b) during or following construction, cause a significant and adverse effect upon the surrounding environment.
[ 2021 c 258 § 8; 2001 c 201 § 5; 1980 c 28 § 1; 1975 1st ex.s. c 46 § 1; 1967 c 108 § 7; 1963 c 70 § 1; 1961 ex.s. c 21 § 26; 1961 c 13 § 47.44.010. Prior: 1943 c 265 § 2; 1937 c 53 § 83; Rem. Supp. 1943 § 6400-83.]
NOTES:
Findings—Intent—2021 c 258: See note following RCW 47.44.160.
Urban public transportation system defined: RCW 47.04.082.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.44 - Franchises on State Highways. › 47.44.031 - Removal of facilities—Limitation.

RCW 47.44.031
Removal of facilities—Limitation.
The provisions of *RCW 47.44.030 authorizing the department to pay or reimburse the owner of a utility apply only to relocation or removal of utility facilities required by state construction contracts which are advertised for bids by the department after June 30, 1959.
[ 1984 c 7 § 235; 1961 c 13 § 47.44.031. Prior: 1959 c 330 § 3.]
NOTES:
*Reviser's note: RCW 47.44.030 was repealed by 2023 c 102 § 31.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.44 - Franchises on State Highways. › 47.44.040 - Franchises across joint bridges.

RCW 47.44.040
Franchises across joint bridges.
Whenever any bridge exists on the route of any state highway and crosses any stream, body of water, gulch, navigable water, swamp, or other topographical formation constituting the boundary of this state or the boundary of a county, city, or town of this state and the bridge is owned or operated by this state jointly with any such county, city, or town, or with any municipal corporation of this state, or with such other state or with any county, city, or town of such other state, the department is empowered to join with the proper officials of the county, city, or town, or the municipal corporation of this state or of such other state or of such county, city, or town of such other state in granting franchises to persons or private or municipal corporations for the construction and maintenance on the bridge of water pipes, flumes, gas pipes, telephone, telegraph, and electric light and power lines and conduits, trams and railways, and any structures or facilities that are part of an urban public transportation system owned or operated by a municipal corporation, agency, or department of the state of Washington other than the department, or any other such facilities. All such franchises shall be granted in the same manner as provided for the granting of like franchises on state highways. Any revenue accruing to the state of Washington from the franchises shall be paid to the state treasurer and deposited to the credit of the fund from which this state's share of the cost of joint operation of the bridge is paid.
[ 1984 c 7 § 236; 1967 c 108 § 8; 1961 c 13 § 47.44.040. Prior: 1937 c 53 § 86; RRS § 6400-86.]
NOTES:
Urban public transportation system defined: RCW 47.04.082.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.44 - Franchises on State Highways. › 47.44.050 - Permit for short distances.

RCW 47.44.050
Permit for short distances.
(1) The department may grant a permit to construct or maintain on, over, across, or along any state highway any water, gas, telephone, telegraph, light, power, or other such facilities when they do not extend along the state highway for a distance greater than three hundred feet. The department may require such information as it deems necessary in the application for any such permit, and may grant or withhold the permit within its discretion. Any permit granted may be canceled at any time, and any facilities remaining upon the right-of-way of the state highway after thirty days written notice of the cancellation are an unlawful obstruction and may be removed in the manner provided by law.
(2) The holder of a permit granted under this section is financially responsible to the department for trenching work not completed within the period of the permit and for compensating for the loss of useful pavement life caused by trenching. In the case of common trenching operations, liability under this subsection will be assessed equally between the permit holders. The assessed parties may thereafter pursue claims of contribution or indemnity in accord with such fault as may be determined by arbitration or other legal action.
[ 2001 c 201 § 7; 1984 c 7 § 237; 1961 c 13 § 47.44.050. Prior: 1943 c 265 § 3; 1937 c 53 § 87; Rem. Supp. 1943 § 6400-87.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.44 - Franchises on State Highways. › 47.44.060 - Penalties.

RCW 47.44.060
Penalties.
(1) Any person, firm, or corporation who constructs or maintains on, over, across, or along any state highway any water pipe, flume, gas pipe, telegraph, telephone, electric light, or power lines, or tram or railway, or any other such facilities, without having first obtained and having at all times in full force and effect a franchise or permit to do so in the manner provided by law is guilty of a misdemeanor. Each day of violation is a separate and distinct offense.
(2) Any person, firm, or corporation who constructs or maintains on, over, across, or along any state highway any water pipe, flume, gas pipe, telegraph, telephone, electric light or power lines, or tram or railway, or any other such facilities, without having first obtained and having at all times in full force and effect a franchise or permit to do so in the manner provided by law is liable for a civil penalty of one hundred dollars per calendar day beginning forty-five days from the date notice is given and until application is made for a franchise or permit or until the facility is removed as required by notice. The state shall give notice by certified mail that a franchise or permit is required or the facility must be removed and shall include in the notice sufficient information to identify the portion of right-of-way in question. Notice is effective upon delivery.
(3) If a person, firm or corporation does not apply for a permit or franchise within forty-five days of notice given in accordance with subsection (2) of this section or the state determines that the facility constructed or maintained without a permit or franchise would not be granted a permit or franchise, the state may order the facility to be removed within such time period as the state may specify. If the facility is not removed, the state, in addition to any other remedy, may remove the facility at the expense of the owner.
[ 1989 c 224 § 1; 1961 c 13 § 47.44.060. Prior: 1943 c 265 § 1; 1937 c 53 § 82; Rem. Supp. 1943 § 6400-82.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.44 - Franchises on State Highways. › 47.44.081 - Exception—Leases for deployment of personal wireless service facilities.

RCW 47.44.081
Exception—Leases for deployment of personal wireless service facilities.
This chapter does not apply to leases issued for the deployment of personal wireless service facilities as provided in RCW 47.04.045.
[ 2003 c 244 § 3.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.44 - Franchises on State Highways. › 47.44.150 - Measure of damages.

RCW 47.44.150
Measure of damages.
In any action for damages against the state of Washington, its agents, contractors, or employees by reason of damages to a utility or other facility located on a state highway, the damages are limited to the cost of repair of the utility or facility and are recoverable only in those instances where the utility or facility is authorized to be located on the state highway. However, the state is subject to the penalties provided in RCW 19.122.070 (1) and (2) only if the state has failed to give a notice meeting the requirements of RCW 19.122.030 to utilities or facilities that are authorized to be located on the state highway.
[ 1989 c 196 § 1.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.46 - Public-Private Transportation Initiatives. › 47.46.011 - Finding—Intent—2002 c 114.

RCW 47.46.011
Finding—Intent—2002 c 114.
The legislature finds that greater flexibility to provide state financing for projects developed under chapter 47.46 RCW will result in better use of public resources, lower financing costs, and potential savings to taxpayers. The legislature intends to: Clarify the ability of the department of transportation to use public and private financing for projects selected and developed under chapter 47.46 RCW; provide the department with specific means of state financing where that financing is in the public's best interest; provide citizens living in the impacted areas a statutory mechanism to review proposed toll rates and provide input before adoption of toll schedules by the toll authority; and prevent unreasonable delay of critical transportation projects that are essential for public safety and welfare.
[ 2002 c 114 § 1.]
NOTES:
Captions not law—2002 c 114: "Captions used in this act do not constitute any part of the law." [ 2002 c 114 § 26.]
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.46 - Public-Private Transportation Initiatives. › 47.46.020 - Definitions.

RCW 47.46.020
Definitions.
As used in this chapter:
(1) "Electronic toll collection system" means a system that collects tolls by crediting or debiting funds from a customer's unique prepaid tolling account.
(2) "Photo toll" means a charge associated with a particular vehicle that can only be identified by its license plate. A photo toll may be paid through one of the following methods:
(a) A customer-initiated account that is prepaid or postpaid.
(b) In response to a toll bill that is sent to the registered owner of the vehicle incurring the photo toll charge. The toll bill may designate a toll payment due date for the photo toll assessed.
(3) "Photo toll system" means a camera-based imaging system that uses digital video or still image formats to record license plate images of vehicles using toll lanes for the purpose of collecting a photo toll.
(4) "Toll payment due date" means the date when a toll must be paid to avoid a toll violation civil penalty. The toll payment due date is eighty days from the date the vehicle uses the toll facility and incurs the toll charge.
(5) "Transportation systems and facilities" means capital-related improvements and additions to the state's transportation infrastructure, including but not limited to highways, roads, bridges, vehicles, and equipment, marine-related facilities, vehicles, and equipment, park and ride lots, transit stations and equipment, transportation management systems, and other transportation-related investments.
[ 2010 c 249 § 2; 1993 c 370 § 2.]
NOTES:
Contingent effective date—2010 c 249: See note following RCW 47.56.795.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.46 - Public-Private Transportation Initiatives. › 47.46.050 - Financial arrangements.

RCW 47.46.050
Financial arrangements.
(1) The department may enter into agreements using federal, state, and local financing in connection with the projects, including without limitation, grants, loans, and other measures authorized by section 1012 of ISTEA, and to do such things as necessary and desirable to maximize the funding and financing, including the formation of a revolving loan fund to implement this section.
(2) Agreements entered into under this section may authorize the private entity to lease the facilities within a designated area or areas from the state and to impose user fees or tolls within the designated area to allow a reasonable rate of return on investment, as established through a negotiated agreement between the state and the private entity. The negotiated agreement shall determine a maximum development fee and, where appropriate, a maximum rate of return on investment, based on project and financing characteristics. If the negotiated rate of return on investment or development fee is not affected, the private entity may establish and modify toll rates and user fees.
(3) Agreements that include a maximum rate of return may establish "incentive" rates of return beyond the negotiated maximum rate of return on investment. The incentive rates of return shall be designed to provide financial benefits to the affected public jurisdictions and the private entity, given the attainment of various safety, performance, or transportation demand management goals. The incentive rates of return shall be negotiated in the agreement.
(4) Agreements shall require that over the term of the ownership or lease the user fees or toll revenues be applied only to payment of:
(a) The capital outlay costs for the project, including the costs associated with planning, design, development, financing, construction, improvement, operations, toll collection, maintenance, and administration of the project;
(b) The reimbursement to the state for all costs associated with an election as required under RCW 47.46.030, the costs of project review and oversight, and technical and law enforcement services;
(c) The establishment of a fund to assure the adequacy of maintenance expenditures; and
(d) A reasonable return on investment to the private entity. A negotiated agreement shall not extend the term of the ownership or lease beyond the period of time required for payment of the private entity's capital outlay costs for the project under this subsection.
[ 2002 c 114 § 17; 1995 2nd sp.s. c 19 § 4; 1993 c 370 § 5.]
NOTES:
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Effective date—1995 2nd sp.s. c 19: See note following RCW 47.46.010.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.46 - Public-Private Transportation Initiatives. › 47.46.060 - Deferral of taxes—Application—Repayment.

RCW 47.46.060
Deferral of taxes—Application—Repayment.
(1) Any person, including the department of transportation and any private entity or entities, may apply for deferral of taxes on the site preparation for, the construction of, the acquisition of any related machinery and equipment that becomes a part of, and the rental of equipment for use in the state route number 16 corridor improvements project under this chapter. Application must be made to the department of revenue in a form and manner prescribed by the department of revenue. The application must contain information regarding estimated or actual costs, time schedules for completion and operation, and other information required by the department of revenue. The department of revenue must approve the application within sixty days if it meets the requirements of this section.
(2) The department of revenue must issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on the project.
(3) The department of transportation or a private entity granted a tax deferral under this section must begin paying the deferred taxes in the twenty-fourth year after the date certified by the department of revenue as the date on which the project is operationally complete. The first payment is due on December 31st of the twenty-fourth calendar year after such certified date, with subsequent annual payments due on December 31st of the following nine years. Each payment must equal ten percent of the deferred tax. The project is operationally complete under this section when the collection of tolls is commenced for the state route number 16 improvements covered by the deferral.
(4) The department of revenue may authorize an accelerated repayment schedule upon request of the department of transportation or a private entity granted a deferral under this section.
(5) Interest may not be charged on any taxes deferred under this section for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this section. The debt for deferred taxes is not extinguished by insolvency or other failure of the private entity. Transfer of ownership does not terminate the deferral.
(6) Applications and any other information received by the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW applies to the administration of this section.
[ 2015 3rd sp.s. c 44 § 405; 2012 c 77 § 1; 2002 c 114 § 18; 1998 c 179 § 4.]
NOTES:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
Finding—1998 c 179: See note following RCW 35.21.718.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.46 - Public-Private Transportation Initiatives. › 47.46.070 - Use of state bonds on certain projects.

RCW 47.46.070
Use of state bonds on certain projects.
(1) To the extent that the legislature specifically appropriates funding for a project developed under this chapter using the proceeds of bonds issued by the state, an agreement for the design or construction of the project entered into by the secretary must incorporate provisions that are consistent with the use of the state financing provided by the appropriation.
(2) The secretary shall amend existing agreements or execute new agreements to comply with subsection (1) of this section.
(3) If the secretary is unable to reach agreement with other parties on contractual provisions providing for state financing, the secretary shall not enter into an agreement, or shall take no action with respect to an agreement, or shall exercise termination provisions, whichever option in the secretary's determination will result in the lowest net cost to the state.
[ 2002 c 114 § 4.]
NOTES:
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.46 - Public-Private Transportation Initiatives. › 47.46.080 - State toll facilities authorized for projects.

RCW 47.46.080
State toll facilities authorized for projects.
The department may provide for the establishment and construction of state toll bridge facilities upon any public highways of this state together with approaches to them under agreements entered into under this chapter to develop such facilities. A state toll bridge facility authorized under this section includes, but is not limited to, the construction of an additional toll bridge, including approaches, adjacent to and within two miles of an existing bridge, the imposition of tolls on both bridges, and the operation of both bridges as one toll facility.
[ 2002 c 114 § 5.]
NOTES:
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.46 - Public-Private Transportation Initiatives. › 47.46.090 - Citizen advisory committee—Tolls.

RCW 47.46.090
Citizen advisory committee—Tolls.
(1) A citizen advisory committee must be created for any project developed under this chapter that imposes toll charges for use of a transportation facility. The governor shall appoint nine members to the committee, all of whom must be permanent residents of the affected project area as defined for each project. Members of the committee shall serve without compensation.
(2) The citizen advisory committee shall serve in an advisory capacity to the commission on all matters related to the imposition of tolls including, but not limited to, (a) the feasibility of providing discounts to frequent users, electronic transponder users, senior citizens, or students; (b) the tradeoff of lower tolls versus the early retirement of debt; and (c) a consideration of variable, or time of day pricing.
(3) No toll charge may be imposed or modified unless the citizen advisory committee has been given at least twenty days to review and comment on any proposed toll charge schedule. In setting toll rates, the commission shall give consideration to any recommendations of the citizen advisory committee.
[ 2005 c 329 § 1; 2002 c 114 § 6.]
NOTES:
Finding—Intent—2002 c 114: See RCW 47.46.011.
Captions not law—2002 c 114: See note following RCW 47.46.011.
2023 Revised Code of Washington › Title 47 - Public Highways and Transportation › Chapter 47.46 - Public-Private Transportation Initiatives. › 47.46.091 - Tacoma Narrows bridge citizen advisory committee.

RCW 47.46.091
Tacoma Narrows bridge citizen advisory committee.
The Tacoma Narrows bridge citizen advisory committee is hereby created as directed under RCW 47.46.090. The advisory committee members shall be appointed proportionately, to the extent practicable, from those areas from which the majority of the trips originate on the bridge according to the latest traffic analysis by the department.
[ 2005 c 329 § 2.]