Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-30 - Highway property › Section 468-30-070 - Procedure for transfer of abandoned state highways to counties

Current through Register Vol. 24-14, July 15, 2024
A public highway which is or has been a part of the route of a
				state highway and is no longer necessary as such may be certified to the county
				in which it is located in the following manner:
The department of transportation shall notify the affected
				board of county commissioners and the county engineer of any certifications
				anticipated for the ensuing calendar year not later than August 1 of the
				previous year, so that the county may provide in its budget for the maintenance
				and/or reconstruction of roads which are transferred to it by the department of
				transportation in accordance with
				RCW
				 36.75.090.
(1) When a tentative date has been determined
			 on which the transfer of the highway is to be made, the appropriate department
			 of transportation region shall arrange for a joint maintenance inspection by
			 representatives of the department of transportation and the county.
(2) Any and all routine maintenance
			 deficiencies which are noted at the time of this inspection shall be corrected
			 by the department of transportation region maintenance forces.
(3) Upon completion of any maintenance work
			 deemed necessary, the department of transportation shall by letter inform the
			 county engineer to the effect that all maintenance deficiencies noted during
			 the inspection have been corrected.
(4) The county engineer shall by letter
			 subsequently inform the department of transportation that the road or highway
			 to be transferred is either (a) in a condition acceptable to the county, or (b)
			 in a condition not acceptable to the county, in which case the unacceptable
			 conditions shall be enumerated in detail.
(5) In the event that the department of
			 transportation feels that additional maintenance work is required, it shall
			 direct such work to be done and again follow the procedure outlined in
			 subsection (3) of this section; and the county engineer shall then follow the
			 procedure outlined in subsection (4) of this section.
(6) In the event that it becomes impossible
			 for the department of transportation and the county to reach agreement, a full
			 report of the initial inspection and the apparent points of disagreement shall
			 be transmitted to the highways and local programs engineer, who will then
			 consult with the state maintenance engineer and the county engineer and provide
			 the secretary of transportation with all significant information and with their
			 own recommendations.
(7) The
			 secretary of transportation will take final action on the transfer of the road
			 and the county shall be provided with a copy of the decision two weeks before
			 the certification is made.
(8)
			 After the certification has been made, the department of transportation will
			 provide the county with all available maps, conveyances, permits, franchises
			 and other documents which may relate to that portion of the road or highway
			 transferred.
Maintenance is described as being the preservation and upkeep
				of a highway, including all of its elements, in as nearly its original, or as
				constructed, or as subsequently improved, condition as possible. This includes
				traffic control devices and other safety control measures deemed
				necessary.
In the alternative, the department with any county may enter
				into an agreement that modifies the above highway certification process so long
				as the agreement complies with the provisions of
				RCW
				 36.75.090.
Statutory Authority:
				  RCW
				  36.75.090. 09-09-068, § 468-30-070,
				  filed 4/14/09, effective 5/15/09. Statutory Authority: 1977 ex.s. c 151.
				  79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-30-070, filed 12/20/78. Formerly WAC
				  252-12-055.