title: RCW 79.70.070

text:
(1) The natural heritage advisory council is hereby established. The council shall consist of fifteen members, ten of whom shall be chosen as follows and who shall elect from the council's membership a chairperson:
(a) Five individuals, appointed by the commissioner, who shall be recognized experts in the ecology of natural areas and represent the public, academic, and private sectors. Desirable fields of expertise are biological and geological sciences; and
(b) Five individuals, appointed by the commissioner, who shall be selected from the various regions of the state. At least one member shall be or represent a private forestland owner and at least one member shall be or represent a private agricultural landowner.
(2) Members appointed under subsection (1) of this section shall serve for terms of four years.
(3) In addition to the members appointed by the commissioner, the director of the department of fish and wildlife, the director of the department of ecology, the supervisor of the department of natural resources, the director of the state parks and recreation commission, and the director of the recreation and conservation office, or an authorized representative of each agency officer, shall serve as ex officio, nonvoting members of the council.
(4) Any vacancy on the council shall be filled by appointment for the unexpired term by the commissioner.
(5) In order to provide for staggered terms, of the initial members of the council:
(a) Three shall serve for a term of two years;
(b) Three shall serve for a term of three years; and
(c) Three shall serve for a term of four years.
(6) Members of the natural preserves advisory committee serving on July 26, 1981, shall serve as members of the council until the commissioner appoints a successor to each. The successor appointment shall be specifically designated to replace a member of the natural preserves advisory committee until all members of that committee have been replaced. A member of the natural preserves advisory committee is eligible for appointment to the council if otherwise qualified.
(7) Members of the council shall serve without compensation. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 as now or hereafter amended.
[ 2007 c 241 s 24; 1998 c 50 s 1; 1994 c 264 s 62; 1988 c 36 s 55; 1981 c 189 s 4.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Natural heritage advisory council.


doc_type: statute

jurisdiction: wa

title: RCW 79.70.080

text:
(1) The council shall:
(a) Meet at least annually and more frequently at the request of the chairperson;
(b) Recommend policy for the natural heritage program through the review and approval of the natural heritage plan;
(c) Advise the department, the department of fish and wildlife, the state parks and recreation commission, and other state agencies managing state-owned land or natural resources regarding areas under their respective jurisdictions which are appropriate for natural area registration or dedication;
(d) Advise the department of rules and regulations that the council considers necessary in carrying out this chapter;
(e) Review and approve area nominations by the department or other agencies for registration and review and comment on legal documents for the voluntary dedication of such areas;
(f) Recommend whether new areas proposed for protection be established as natural area preserves, natural resources conservation areas, a combination of both, or by some other protected status; and
(g) Review and comment on management plans proposed for individual natural area preserves.
(2) From time to time, the council shall identify areas from the natural heritage data bank which qualify for registration. Priority shall be based on the natural heritage plan and shall generally be given to those resources which are rarest, most threatened, or underrepresented in the heritage conservation system on a statewide basis. After qualifying areas have been identified, the department shall advise the owners of such areas of the opportunities for acquisition or voluntary registration or dedication.
[ 2002 c 284 s 3; 1994 c 264 s 63; 1988 c 36 s 56; 1981 c 189 s 5.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Council duties.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 79.70.090

text:
(1) The owner of a registered natural area, whether a private individual or an organization, may voluntarily agree to dedicate the area as a natural area by executing with the state an instrument of dedication in a form approved by the council. The instrument of dedication shall be effective upon its recording in the real property records of the appropriate county or counties in which the natural area is located. The county assessor in computing assessed valuation shall take into consideration any reductions in property values and/or highest and best use which result from natural area dedication.
(2) A public agency owning or managing a registered natural area preserve may dedicate lands under the provisions of this chapter.
(3) The department shall adopt rules as authorized by RCW 43.12.065 and 79.70.030(1) relating to voluntary natural area dedication and defining:
(a) The types of real property interests that may be transferred;
(b) Real property transfer methods and the types of consideration of payment possible;
(c) Additional dedication provisions, such as natural area management, custody, use, and rights and privileges retained by the owner; and
(d) Procedures for terminating dedication arrangements.
[ 2003 c 334 s 550; 1981 c 189 s 6.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Dedication of property as natural area.


title: RCW 79.70.100

text:
The department shall hold a public hearing in the county where the majority of the land in a proposed natural area preserve is located prior to establishing the boundary. During the 2023-2025 fiscal biennium, this section does not apply to section 3034, chapter 375, Laws of 2024. During the 2025-2027 fiscal biennium, this section does not apply to section 3121, chapter 414, Laws of 2025.
[ 2025 c 414 s 8040; 2024 c 375 s 8012; 1998 c 50 s 2.]
Notes:
Effective date—2025 c 414: See note following RCW 79A.25.210.
Effective date—2024 c 375: See note following RCW 70A.65.305.

catchline: Public hearing—Establishment of boundary.


title: RCW 79.70.110

text:
(1) The program may use information collected by a qualifying nonprofit organization to recognize important bird areas. The program should, to the greatest extent possible, coordinate with and use internationally agreed-upon, scientific criteria and protocols developed by a qualifying nonprofit organization to officially recognize these sites throughout Washington. Prior to using information collected by a qualifying nonprofit organization, the program must verify that the information was collected by individuals trained in scientific data collection, wildlife biology, or ornithology.
(2) When the program recognizes an important bird area, that information will be included in the program's data bank. An important bird area shall not be designated as a natural area or a natural area preserve unless that area satisfies the substantive and procedural requirements for becoming a natural area or natural area preserve under this chapter.
(3) The qualifying nonprofit organization that collected the information used to recognize important bird areas should be available to work with interested landowners, businesses, and state and local governments to identify ways to maintain or enhance the important bird areas.
(4) The recognition of private property as an important bird area under this chapter, or the inclusion of private property in the program's data bank, does not confer nor imply any rights of access or trespass onto the important bird area without full knowledge and consent of the owner pursuant to any state statutory and common laws dealing with trespass and access to private property.
(5) Recognition of an important bird area does not require or create critical area designation under chapter 36.70A RCW.
[ 2004 c 180 s 2.]
Notes:
Intent—2004 c 180: "Washington has a rich variety of birds, wildlife, and fish that its citizens and visitors enjoy. With over three hundred sixty-five bird species, Washington can use this natural asset to attract nature tourists and sportsmen from all over the country and the world. According to a United States fish and wildlife service report, thirty-six percent of Washington's residents currently participate in bird watching, and the watchable wildlife industry brings nearly one billion dollars per year into the state's economy. The economic benefits delivered to rural economies in Washington by those choosing to recreate by hunting waterfowl or upland game birds is equally as impressive.
The legislature has long recognized the important role of waterfowl and upland game bird hunting and other sporting pursuits in both the state's economy and the quality of life for Washington residents. Additionally, the 2003 legislature recognized the economic value of promoting watchable wildlife and nature tourism when it required the departments of fish and wildlife and *community, trade, and economic development to host a watchable wildlife and nature tourism conference and write a statewide strategic plan. The 2002 legislature recognized the value of identifying and conserving our state's biodiversity for future generations when it created the biodiversity task force and required a plan be developed to recommend ways to conserve biodiversity. Furthermore, over the past fifteen years, the legislature has recognized the important contributions volunteers and nonprofit organizations have made in restoring and monitoring salmon and wildlife habitat. Therefore, it is the goal of the legislature to promote: Partnerships with volunteers; rural economic development; nature tourism; and conservation of biodiversity by encouraging partnerships between state government agencies, volunteers, and nonprofit organizations to designate and conserve natural assets that attract nature tourists and bird watchers to Washington's rural areas.
To accomplish this goal, the legislature recognizes the scientific work by volunteer organizations to use internationally recognized scientific criteria and protocols to identify, conserve, and monitor areas of the state that are important for migrating and resident birds. Scientists, ornithologists, and qualified volunteers have identified important bird areas. Wildlife conservation organizations and their volunteers are working to develop mutually agreed-upon bird conservation plans and monitoring plans in cooperation with public land managers and private landowners. Volunteers and scientists in more than one hundred countries around the world have already completed identification of fourteen thousand two hundred sixty sites that qualify as important bird areas.
Qualified volunteers and scientists have already successfully used the international criteria to identify fifty-three sites important for birds in Washington. Following the final round of site selection, volunteer organizations plan to work with landowners, businesses, and local and state governments to develop plans to maintain or enhance sites that will then become destinations for nature tourists to promote rural economic development. Therefore, it is the intent of the legislature to have Washington participate in the recognition portion of the important bird area program by directing the natural heritage program at the department of natural resources to officially recognize important bird areas." [ 2004 c 180 s 1.]
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.

catchline: Important bird areas.


title: RCW 79.70.120

text:
Prior to recognizing an important bird area under this chapter, the department must:
(1) Publish notice of the proposed important bird area in the Washington state register;
(2) Publish notice of the proposed important bird area in a newspaper of general circulation in the county where the proposed important bird area is located; and
(3) Conduct at least one public hearing in the county where the proposed important bird area is located.
[ 2004 c 180 s 3.]
Notes:
Intent—2004 c 180: See note following RCW 79.70.110.

catchline: Important bird area—Recognition requirements.


title: RCW 79.70.130

text:
The state treasurer, on behalf of the department, must distribute to counties for all lands acquired for the purposes of this chapter an amount in lieu of real property taxes equal to the amount of tax that would be due if the land were taxable as open space land under chapter 84.34 RCW except taxes levied for any state purpose, plus an additional amount equal to the amount of weed control assessment that would be due if such lands were privately owned. The county assessor and county legislative authority shall assist in determining the appropriate calculation of the amount of tax that would be due. The county shall distribute the amount received under this section in lieu of real property taxes to all property taxing districts except the state in appropriate tax code areas the same way it would distribute local property taxes from private property. The county shall distribute the amount received under this section for weed control to the appropriate weed district.
[ 2005 c 303 s 11.]
Notes:
Effective date—2005 c 303 ss 1-14: See note following RCW 79A.15.010.

catchline: Distribution of amount in lieu of real property taxes, weed control assessment.


title: RCW 79.70.900

text:
Nothing in this chapter is intended to supersede or otherwise affect any existing legislation.
[ 1972 ex.s. c 119 s 6.]

catchline: Construction—1972 ex.s. c 119.


title: RCW 79.71.010

text:
The legislature finds that: (1) There is an increasing and continuing need by the people of Washington for certain areas of the state to be conserved, in rural as well as urban settings, for the benefit of present and future generations; (2) such areas are worthy of conservation for their outstanding scenic and ecological values and provide opportunities for low-impact public use; (3) in certain cases acquisition of property or rights in property is necessary to protect these areas for public purposes; and (4) there is a need for a state agency to act in an effective and timely manner to acquire interests in such areas and to develop appropriate management strategies for conservation purposes.
[ 1991 c 352 s 1; 1987 c 472 s 1.]

catchline: Legislative findings.


title: RCW 79.71.020

text:
Lands possessing the following characteristics are considered by the legislature to be worthy of consideration for conservation purposes:
(1) Lands identified as having high priority for conservation, natural systems, wildlife, and low-impact public use values;
(2) An area of land or water, or land and water, that has flora, fauna, geological, archaeological, scenic, or similar features of critical importance to the people of Washington and that has retained to some degree or has reestablished its natural character;
(3) Examples of native ecological communities; and
(4) Environmentally significant sites threatened with conversion to incompatible or ecologically irreversible uses.
[ 1991 c 352 s 2; 1987 c 472 s 2.]

catchline: Characteristics of lands considered for conservation purposes.


title: RCW 79.71.030

text:
As used in this chapter:
"Commissioner" means the commissioner of public lands.
"Department" means the department of natural resources.
"Conservation purposes" include but are not limited to: (1) Maintaining, enhancing, or restoring ecological systems, including but not limited to aquatic, coastal, riparian, montane, and geological systems, whether such systems be unique or typical to the state of Washington; (2) maintaining exceptional scenic landscapes; (3) maintaining habitat for threatened, endangered, and sensitive species; (4) enhancing sites for primitive recreational purposes; and (5) outdoor environmental education.
"Low-impact public use" includes public recreation uses and improvements that do not adversely affect the resource values, are appropriate to the maintenance of the site in a relatively unmodified natural setting, and do not detract from long-term ecological processes.
"Management activities" may include limited production of income from forestry, agriculture, or other resource management activities, if such actions are consistent with the other purposes and requirements of this chapter.
"Natural resources conservation area" or "conservation area" means an area having the characteristics identified in RCW 79.71.020.
[ 1991 c 352 s 3; 1987 c 472 s 3.]

catchline: Definitions.


title: RCW 79.71.040

text:
The department is authorized to acquire property or less than fee interests in property, as defined by RCW 64.04.130, by all means, except eminent domain, for creating natural resources conservation areas, where acquisition is the best way to achieve the purposes of this chapter. Areas acquired or assembled by the department for conservation purposes will be designated as "Washington natural resources conservation areas."
[ 1987 c 472 s 4.]

catchline: Acquisition of property for natural resources conservation areas—Designation.


title: RCW 79.71.050

text:
The department is authorized to transfer fee simple interest or less than fee interests in trust land, as defined by Article XVI of the Washington Constitution, for the creation of natural resources conservation areas, provided the owner of the trust land receives full fair market value compensation for all rights transferred. The proceeds from such transfers shall be used for the exclusive purpose of acquiring real property to replace those interests utilized for the conservation area in order to meet the department's fiduciary obligations and to maintain the productive land base of the various trusts.
[ 1991 c 352 s 4; 1987 c 472 s 5.]

catchline: Transfer of trust land for natural resources conservation areas—Use of proceeds.


title: RCW 79.71.060

text:
The department shall hold a public hearing in the county where the majority of the land in the proposed natural resources conservation area is located prior to establishing the boundary. An area proposed for designation must contain resources consistent with characteristics identified in RCW 79.71.020. During the 2023-2025 fiscal biennium, this section does not apply to section 3034, chapter 375, Laws of 2024. During the 2025-2027 fiscal biennium, this section does not apply to section 3121, chapter 414, Laws of 2025.
[ 2025 c 414 s 8041; 2024 c 375 s 8013; 1991 c 352 s 5; 1987 c 472 s 6.]
Notes:
Effective date—2025 c 414: See note following RCW 79A.25.210.
Effective date—2024 c 375: See note following RCW 70A.65.305.

catchline: Public hearing on proposed conservation area.


title: RCW 79.71.070

text:
The department shall develop a management plan for each designated area. The plan shall identify the significant resources to be conserved consistent with the purposes of this chapter and identify the areas with potential for low-impact public and environmental educational uses. The plan shall specify what types of management activities and public uses that are permitted, consistent with the conservation purposes of this chapter. The department shall make such plans available for review and comment by the public and other state, tribal, and local agencies, prior to final approval by the commissioner.
[ 1991 c 352 s 6; 1987 c 472 s 7.]

catchline: Management plans for designated areas.


title: RCW 79.71.080

text:
The department is authorized to administer natural resources conservation areas and may enter into management agreements for these areas with federal agencies, state agencies, local governments, and private nonprofit conservancy corporations, as defined in RCW 64.04.130, when such agreements are consistent with the purposes of acquisition as defined in the adopted management plan. All management activities within a Washington natural resources conservation area will conform with the plan. Any moneys derived from the management of these areas in conformance with the adopted plan shall be deposited in the natural resources conservation areas stewardship account.
[ 1991 c 352 s 7; 1987 c 472 s 8.]

catchline: Administration of natural resources conservation areas—Management agreements and activities.


title: RCW 79.71.090

text:
There is hereby created the natural resources conservation areas stewardship account in the state treasury to ensure proper and continuing management of land acquired or designated pursuant to this chapter. Funds for the stewardship account shall be derived from appropriations of state general funds, federal funds, grants, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Income derived from the management of natural resources conservation areas shall also be deposited in this stewardship account.
Appropriations from this account to the department shall be expended for no other purpose than the following: (1) To manage the areas approved by the legislature in fulfilling the purposes of this chapter; (2) to manage property acquired as natural area preserves under chapter 79.70 RCW; (3) to manage property transferred under the authority and appropriation provided by the legislature to be managed under chapter 79.70 RCW or this chapter or acquired under chapter 79A.15 RCW; and (4) to pay for operating expenses for the natural heritage program under chapter 79.70 RCW.
[ 2000 c 11 s 25; 1991 sp.s. c 13 s 118; 1991 c 352 s 8; 1987 c 472 s 9.]
Notes:
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.

catchline: Natural resources conservation areas stewardship account.


title: RCW 79.71.100

text:
The legislature hereby designates certain areas as natural resources conservation areas:
(1) The Mt. Si conservation area (King County), RCW 79A.05.725, is hereby designated the Mt. Si natural resources conservation area. The department is directed to continue its management of this area and to develop a plan for its continued conservation and use by the public. In accordance with Article XVI of the Washington state Constitution, any available private lands and trust lands located within the designated boundaries of the Mt. Si conservation area shall be leased or acquired in fee from the appropriate trust at fair market value using funds appropriated for that purpose.
(2) Trust lands and state-owned land on Cypress Island (Skagit County) are hereby designated as the Cypress Island natural resources conservation area. Any available private lands necessary to achieve the purposes of this section shall be acquired by the department of natural resources using funds appropriated for that purpose. Trust lands located within the designated boundaries of the Cypress Island natural resources conservation area shall be leased or acquired in fee from the appropriate trust at fair market value.
(3) Woodard Bay (Thurston County) is hereby designated the Woodard Bay natural resources conservation area. The department is directed to acquire property available in Sec. 18, T.19N, R1W using funds appropriated for that purpose.
(4) The area adjacent to the Dishman Hills natural area (Spokane County) is hereby designated the Dishman Hills natural resources conservation area. The department is directed to acquire property available in Sec. 19, 29 and 30, T.25N, R44E, using funds appropriated for that purpose.
[ 2000 c 11 s 26; 1987 c 472 s 10.]

catchline: Designation of certain areas as natural resources conservation areas.


title: RCW 79.71.120

text:
The property currently designated as the Elk river natural area preserve is transferred from management under chapter 79.70 RCW as a natural area preserve to management under chapter 79.71 RCW as a natural resources conservation area. The legislature finds that hunting is a suitable low-impact public use within the Elk river natural resources conservation area. The department of natural resources shall incorporate this legislative direction into the management plan developed for the Elk river natural resources conservation area. The department shall work with the department of fish and wildlife to identify hunting opportunities compatible with the area's conservation purposes.
[ 1997 c 371 s 1.]

catchline: Elk river natural resources conservation area—Transfer of management—Hunting opportunities.


title: RCW 79.71.130

text:
The state treasurer, on behalf of the department, must distribute to counties for all lands acquired for the purposes of this chapter an amount in lieu of real property taxes equal to the amount of tax that would be due if the land were taxable as open space land under chapter 84.34 RCW except taxes levied for any state purpose, plus an additional amount equal to the amount of weed control assessment that would be due if such lands were privately owned. The county assessor and county legislative authority shall assist in determining the appropriate calculation of the amount of tax that would be due. The county shall distribute the amount received under this section in lieu of real property taxes to all property taxing districts except the state in appropriate tax code areas the same way it would distribute local property taxes from private property. The county shall distribute the amount received under this section for weed control to the appropriate weed district.
[ 2005 c 303 s 12.]
Notes:
Effective date—2005 c 303 ss 1-14: See note following RCW 79A.15.010.


title: RCW 79.73.010

text:
Except as provided in chapter 79A.05 RCW, the portion of the Milwaukee Road corridor from the west end of the bridge structure over the Columbia river, which point is located in section 34, township 16 north, range 23 east, W.M., to the Idaho border purchased by the state shall be under the management and control of the department.
[ 2018 c 279 s 5; 2003 c 334 s 456; ( 2003 c 334 s 455; 2000 c 11 s 23; 1996 c 129 s 8 expired July 1, 2006); 1989 c 129 s 2; 1984 c 174 s 6. Formerly RCW 79.08.275.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Construction—1989 c 129: "Nothing in this act shall be construed to affect any existing or reversionary interests in the real property lying within the Milwaukee Road corridor." [ 1989 c 129 s 4.]
Purpose—1984 c 174: "The purpose of RCW 43.51.405 through 43.51.411 and 79.08.275 through 79.08.283 is to set forth the state's policy regarding the approximately two hundred thirteen-mile corridor of land purchased by the state from the Milwaukee Railroad Company under section 17(21), chapter 143, Laws of 1981." [ 1984 c 174 s 1.]

catchline: Management and control.


title: RCW 79.73.020

text:
The portion of the Milwaukee Road corridor under management and control of the department shall be open to individuals or organized groups that obtain permits from the department to travel the corridor for recreational purposes. The department shall, for the purpose of issuing permits for corridor use, adopt rules necessary for the orderly and safe use of the corridor and protection of adjoining landowners. Permit fees shall be established at a level that will cover costs of issuance. Upon request of abutting landowners, the department shall notify the landowners of permits issued for use of the corridor adjacent to their property.
[ 2003 c 334 s 457; 1984 c 174 s 7. Formerly RCW 79.08.277.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—1984 c 174: See note following RCW 79.73.010.

catchline: Recreational use—Permit—Rules—Fees.


title: RCW 79.73.030

text:
The department may do the following with respect to the portion of the Milwaukee Road corridor under its control:
(1) Enter into agreements to allow the realignment or modification of public roads, farm crossings, water conveyance facilities, and other utility crossings;
(2) Regulate activities and restrict uses, including, but not limited to, closing portions of the corridor to reduce fire danger or protect public safety in consultation with local legislative authorities or fire districts;
(3) Place hazard warning signs and close hazardous structures;
(4) Renegotiate deed restrictions upon agreement with affected parties; and
(5) Approve and process the sale or exchange of lands or easements if (a) such a sale or exchange will not adversely affect the recreational, transportation, or utility potential of the corridor and (b) the department has not entered into a lease of the property in accordance with RCW 79.73.040.
[ 2003 c 334 s 458; 1984 c 174 s 8. Formerly RCW 79.08.279.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—1984 c 174: See note following RCW 79.73.010.

catchline: Powers.


title: RCW 79.73.040

text:
(1) The department shall offer to lease, and shall subsequently lease if a reasonable offer is made, portions of the Milwaukee Road corridor under its control to the person who owns or controls the adjoining land for periods of up to ten years commencing with June 7, 1984. The lessee shall assume the responsibility for fire protection, weed control, and maintenance of water conveyance facilities and culverts. The leases shall follow standard department leasing procedures, with the following exceptions:
(a) The lessee may restrict public access pursuant to RCW 79.73.020 and subsection (3) of this section.
(b) The right of renewal shall be to the current lessee if the lessee still owns or controls the adjoining lands.
(c) If two persons own or control opposite sides of the corridor, each person shall be eligible for equal portions of the available property.
(2) The department has the authority to renew leases in existence on June 7, 1984.
(3) The leases shall contain a provision allowing the department to issue permits to travel the corridor for recreational purposes.
(4) Unleased portions of the Milwaukee Road property under this section shall be managed by the department. On these unleased portions, the department solely shall be responsible for weed control, culvert, bridge, and other necessary maintenance and fire protection services. The department shall place hazard warning signs and close hazardous structures on unleased portions and shall regulate activities and restrict uses, including closing the corridor during seasons of high fire danger.
[ 2003 c 334 s 459; 1984 c 174 s 9. Formerly RCW 79.08.281.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—1984 c 174: See note following RCW 79.73.010.

catchline: Leasing—Duties with respect to unleased portions.


title: RCW 79.73.050

text:
The state, through the department, shall reserve the right to terminate a lease entered into pursuant to RCW 79.73.040 or modify authorized uses of the corridor for future recreation, transportation, or utility uses. If the state elects to terminate the lease, the state shall provide the lessee with a minimum of six months' notice.
[ 2003 c 334 s 460; 1984 c 174 s 10. Formerly RCW 79.08.283.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—1984 c 174: See note following RCW 79.73.010.

catchline: Authority to terminate or modify leases—Notice.


title: RCW 79A.05.010

text:
The definitions in this section apply throughout this title unless the context clearly requires otherwise.
(1) "Commission" means the state parks and recreation commission.
(2) "Chair" means the member of the commission elected pursuant to RCW 79A.05.025.
(3) "Director" and "director of the state parks and recreation commission" mean the director of parks and recreation or the director's designee.
(4) "Recreation" means those activities of a voluntary and leisure time nature that aid in promoting entertainment, pleasure, play, relaxation, or instruction.
(5) "Natural forest" means a forest that faithfully represents, or is meant to become representative of, its unaltered state.
[ 1999 c 249 s 101.]
Notes:
Severability—1999 c 249: "If any provision of this 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." [ 1999 c 249 s 1901.]


title: RCW 79A.05.013

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 185.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 79A.05.015

text:
There is hereby created a "state parks and recreation commission" consisting of seven citizens of the state. The members of the commission shall be appointed by the governor by and with the advice and consent of the senate and shall serve for a term of six years, expiring on December 31st of even-numbered years, and until their successors are appointed. In case of a vacancy, the governor shall fill the vacancy for the unexpired term of the commissioner whose office has become vacant.
In making the appointments to the commission, the governor shall choose citizens who understand park and recreation needs and interests. No person shall serve if he or she holds any elective or full-time appointive state, county, or municipal office. Members of the commission shall be compensated in accordance with RCW 43.03.240 and in addition shall be allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.
Payment of expenses pertaining to the operation of the commission shall be made upon vouchers certified to by such persons as shall be designated by the commission.
[ 1999 c 249 s 201; 1984 c 287 s 82; 1975-'76 2nd ex.s. c 34 s 116; 1969 ex.s. c 31 s 1; 1965 ex.s. c 132 s 1; 1965 c 8 s 43.51.020. Prior: 1947 c 271 s 1; 1945 c 36 s 1; 1921 c 7 s 10; RRS s 10768. Formerly RCW 43.51.020.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Commission created—Composition—Compensation and expenses.


title: RCW 79A.05.020

text:
In addition to whatever other duties may exist in law or be imposed in the future, it is the duty of the commission to:
(1) Implement integrated pest management practices and regulate pests as required by RCW 17.15.020;
(2) Take steps necessary to control spartina and purple loosestrife as required by RCW 17.26.020;
(3) Participate in the implementation of chapter 19.02 RCW;
(4) Coordinate planning and provide staffing and administrative assistance to the Lewis and Clark trail committee as required by *RCW 27.34.340;
(5) Administer those portions of chapter 46.10 RCW not dealing with the registration of snowmobiles as required by RCW 46.10.370;
(6) Consult and participate in the scenic and recreational highway system as required by chapter 47.39 RCW; and
(7) Develop, prepare, and distribute information relating to marine oil recycling tanks and sewage holding tank pumping stations, in cooperation with other departments, as required by chapter 88.02 RCW.
The commission has the power reasonably necessary to carry out these duties.
[ 2011 c 171 s 114; 1999 c 249 s 301.]
Notes:
*Reviser's note: RCW 27.34.340 was repealed by 1999 c 35 s 5. See chapter 35, Laws of 1999 for the Lewis and Clark bicentennial advisory committee.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Duties of commission.


title: RCW 79A.05.025

text:
(1) The commission shall elect one of its members as chair. The commission may be convened at such times as the chair deems necessary, and a majority shall constitute a quorum for the transaction of business.
(2) The lease of parkland or property for a period exceeding 20 years requires the affirmative vote of at least five members of the commission.
(3) The lease at Saint Edward state park may only include the following:
(a) The main seminary building;
(b) The pool building;
(c) The gymnasium;
(d) The parking lot located in between locations identified in (a), (b), and (c) of this subsection;
(e) The parking lot immediately north of the gymnasium; and
(f) Associated property immediately adjacent to the areas listed in (a) through (e) of this subsection.
[ 2025 c 14 s 1; 2020 c 123 s 1; 2016 c 103 s 1; 1999 c 249 s 202; 1965 c 8 s 43.51.030. Prior: 1947 c 271 s 3; RRS s 10768-2. Formerly RCW 43.51.030.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Chair—Meetings—Quorum—Lease of parkland or property.


title: RCW 79A.05.030

text:
The commission shall:
(1) Have the care, charge, control, and supervision of all parks and parkways acquired or set aside by the state for park or parkway purposes.
(2) Adopt policies, and adopt, issue, and enforce rules pertaining to the use, care, and administration of state parks and parkways. The commission shall cause a copy of the rules to be kept posted in a conspicuous place in every state park to which they are applicable, but failure to post or keep any rule posted shall be no defense to any prosecution for the violation thereof.
(3) Permit the use of state parks and parkways by the public under such rules as shall be adopted.
(4) Clear, drain, grade, seed, and otherwise improve or beautify parks and parkways, and erect structures, buildings, fireplaces, and comfort stations and build and maintain paths, trails, and roadways through or on parks and parkways.
(5) Grant concessions or leases in state parks and parkways upon such rentals, fees, or percentage of income or profits and for such terms, in no event longer than 80 years and upon such conditions as shall be approved by the commission.
(a) Leases exceeding a 20-year term, or the amendment or modification of these leases, shall require a vote consistent with RCW 79A.05.025(2).
(b) If, during the term of any concession or lease, it is the opinion of the commission that it would be in the best interest of the state, the commission may, with the consent of the concessionaire or lessee, alter and amend the terms and conditions of such concession or lease.
(c) Television station leases shall be subject to the provisions of RCW 79A.05.085.
(d) The rates of concessions or leases shall be renegotiated at five-year intervals. No concession shall be granted which will prevent the public from having free access to the scenic attractions of any park or parkway.
(6) Employ such assistance as it deems necessary. Commission expenses relating to its use of volunteer assistance shall be limited to premiums or assessments for the insurance of volunteers by the department of labor and industries, compensation of staff who assist volunteers, materials and equipment used in authorized volunteer projects, training, reimbursement of volunteer travel as provided in RCW 43.03.050 and 43.03.060, and other reasonable expenses relating to volunteer recognition. The commission, at its discretion, may waive commission fees otherwise applicable to volunteers. The commission shall not use volunteers to replace or supplant classified positions. The use of volunteers may not lead to the elimination of any employees or permanent positions in the bargaining unit.
(7) By majority vote of its authorized membership, select and purchase or obtain options upon, lease, or otherwise acquire for and in the name of the state such tracts of land, including shore and tide lands [shorelands and tidelands], for park and parkway purposes as it deems proper. If the commission cannot acquire any tract at a price it deems reasonable, it may, by majority vote of its authorized membership, obtain title thereto, or any part thereof, by condemnation proceedings conducted by the attorney general as provided for the condemnation of rights-of-way for state highways. Option agreements executed under authority of this subsection shall be valid only if:
(a) The cost of the option agreement does not exceed one dollar; and
(b) Moneys used for the purchase of the option agreement are from (i) funds appropriated therefor, or (ii) funds appropriated for undesignated land acquisitions, or (iii) funds deemed by the commission to be in excess of the amount necessary for the purposes for which they were appropriated; and
(c) The maximum amount payable for the property upon exercise of the option does not exceed the appraised value of the property.
(8) Cooperate with the United States, or any county or city of this state, in any matter pertaining to the acquisition, development, redevelopment, renovation, care, control, or supervision of any park or parkway, and enter into contracts in writing to that end. All parks or parkways, to which the state contributed or in whose care, control, or supervision the state participated pursuant to the provisions of this section, shall be governed by the provisions hereof.
(9) Within allowable resources, maintain policies that increase the number of people who have access to free or low-cost recreational opportunities for physical activity, including noncompetitive physical activity.
(10) Adopt rules establishing the requirements for a criminal history record information search for the following: Job applicants, volunteers, and independent contractors who have unsupervised access to children or vulnerable adults, or who will be responsible for collecting or disbursing cash or processing credit/debit card transactions. These background checks will be done through the Washington state patrol criminal identification section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. A permanent employee of the commission, employed as of July 24, 2005, is exempt from the provisions of this subsection.
[ 2025 c 14 s 2; 2020 c 123 s 2; 2016 c 103 s 2. Prior: 2005 c 373 s 1; 2005 c 360 s 5; prior: 1999 c 249 s 302; 1999 c 155 s 1; 1999 c 59 s 1; 1989 c 175 s 106; 1980 c 89 s 1; 1979 c 10 s 4; prior: 1977 ex.s. c 123 s 1; 1977 c 75 s 57; 1967 ex.s. c 90 s 1; 1965 c 8 s 43.51.040; prior: 1959 c 317 s 1; 1955 c 391 s 1; 1929 c 148 s 1; 1923 c 157 s 1; 1921 c 149 s 2; RRS s 10942. Formerly RCW 43.51.040.]
Notes:
Findings—Intent—2005 c 360: See note following RCW 36.70A.070.
Severability—1999 c 249: See note following RCW 79A.05.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
Inspection of recreational devices: Chapter 79A.40 RCW.

catchline: Powers and duties—Mandatory.


title: RCW 79A.05.035

text:
(1) The commission shall:
(a) Manage timber and land under its jurisdiction to maintain and enhance aesthetic and recreational values;
(b) Apply modern conservation practices to maintain and enhance aesthetic, recreational, and ecological resources; and
(c) Designate and preserve certain forest areas throughout the state as natural forests or natural areas for interpretation, study, and preservation purposes.
(2) Trees may be removed from state parks:
(a) When hazardous to persons, property, or facilities;
(b) As part of a park maintenance or development project, or conservation practice;
(c) As part of a road or utility easement; or
(d) When damaged by a catastrophic forest event.
(3) Tree removal under subsection (2) of this section shall be done by commission personnel, unless the personnel lack necessary expertise. Except in emergencies and when feasible, significant trees shall be removed only after they have been marked or appraised by a professional forester. The removal of significant trees from a natural forest may take place only after a public hearing has been held, except in emergencies.
(4) When feasible, felled timber shall be left on the ground for natural purposes or used for park purposes including, but not limited to, building projects, trail mulching, and firewood. In natural forest areas, first consideration shall be given to leaving timber on the ground for natural purposes.
(5) The commission may issue permits to individuals under RCW 4.24.210 and 79A.05.090 for the removal of wood debris from state parks for personal firewood use.
(6) Only timber that qualifies for cutting or removal under subsection (2) of this section may be sold. Timber shall be sold only when surplus to the needs of the park.
(7) Net revenue derived from timber sales shall be deposited in the state parks renewal and stewardship account created in RCW 79A.05.215.
[ 1999 c 249 s 303; 1984 c 82 s 1; 1981 c 271 s 3. Formerly RCW 43.51.045.]
Notes:
Intent—2014 c 43: "It is the intent of the legislature to recognize that the parks and recreation commission currently has the authority to manage numerous public recreation trails throughout the state. The intent of this act is to authorize the parks and recreation commission to manage the Milwaukee Road corridor in the same manner and with the same authority as the commission manages all other recreation trails currently under its jurisdiction." [ 2014 c 43 s 1.]
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Additional powers and duties.


title: RCW 79A.05.040

text:
In addition to other duties the commission may from time to time impose, it is the duty of the director to:
(1) Ensure the control of weeds in parks to the extent required by RCW 17.04.160 and 17.10.205; and
(2) Participate in the operations of the environmental enhancement and job creation task force under chapter 43.21J RCW.
The director has the power reasonably necessary to carry out these duties.
[ 1999 c 249 s 401.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Director's duties.


title: RCW 79A.05.045

text:
(1) The commission shall provide waste reduction and recycling information in each state park campground and day-use area.
(2) The commission shall provide recycling receptacles in the day-use and campground areas of at least forty state parks. The receptacles shall be clearly marked for the disposal of at least two of the following recyclable materials: Aluminum, glass, newspaper, plastic, and tin. The commission shall endeavor to provide recycling receptacles in parks that are near urban centers or in heavily used parks.
(3) The commission shall provide daily maintenance of such receptacles from April through September of each year.
(4) The commission is authorized to enter into agreements with any person, company, or nonprofit organization to provide for the collection and transport of recyclable materials and related activities under this section.
[ 1999 c 249 s 304; 1991 c 11 s 1. Formerly RCW 43.51.046.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.
Marinas and airports: RCW 70A.200.110.

catchline: Waste reduction and recycling.


title: RCW 79A.05.050

text:
(1) The commission shall establish a policy and procedures for supervising and evaluating community restitution activities that may be imposed under *RCW 70A.200.060(3) including a description of what constitutes satisfactory completion of community restitution.
(2) The commission shall inform each state park of the policy and procedures regarding community restitution activities, and each state park shall then notify the commission as to whether or not the park elects to participate in the community restitution program. The commission shall transmit a list notifying the district courts of each state park that elects to participate.
[ 2021 c 65 s 90; 2002 c 175 s 52; 1996 c 263 s 3. Formerly RCW 43.51.048.]
Notes:
*Reviser's note: RCW 70A.200.060 was amended by 2024 c 231 s 2, changing subsection (3) to subsection (4).
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—2002 c 175: See note following RCW 7.80.130.

catchline: Community restitution for littering in state parks—Policy and procedures.


title: RCW 79A.05.055

text:
The commission may:
(1) Study and appraise parks and recreational needs of the state and assemble and disseminate information relative to parks and recreation;
(2) Make provisions for the publication and sale of interpretive, recreational, and historical materials and literature. Proceeds from such sales shall be directed to the parks improvement account; and
(3) Coordinate the parks and recreational functions of the various state departments, and cooperate with state and federal agencies in the promotion of parks and recreational opportunities.
[ 1997 c 137 s 1; 1987 c 225 s 1; 1965 c 8 s 43.51.050. Prior: 1955 c 391 s 2; 1947 c 271 s 4; RRS s 10768-3. Formerly RCW 43.51.050.]
Notes:
Effective date—1997 c 137: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." [ 1997 c 137 s 6.]


title: RCW 79A.05.059

text:
The state parks education and enhancement account is created in the custody of the state treasurer. All receipts from the sale of Washington state parks and recreation commission special license plates, after the deductions permitted by RCW 46.68.425, must be deposited into the account. Expenditures from the account may only be used to provide public educational opportunities and enhancement of Washington state parks. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2010 c 161 s 1162; 2005 c 44 s 4.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.

catchline: State parks education and enhancement account.


title: RCW 79A.05.060

text:
(1) The parks improvement account is hereby established in the state treasury.
(2) The commission shall deposit all moneys received from the sale of interpretive, recreational, and historical literature and materials in this account. Moneys in the account may be spent only for development, production, and distribution costs associated with literature and materials.
(3) Disbursements from the account shall be on the authority of the director, or the director's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW. No appropriation is required for disbursement of moneys to be used for support of further production of materials provided for in RCW 79A.05.055(2). The director may transfer a portion of the moneys in this account to the state parks renewal and stewardship account and may expend moneys so transferred for any purpose provided for in RCW 79A.05.215.
[ 1999 c 249 s 402; 1997 c 137 s 2; 1987 c 225 s 2. Formerly RCW 43.51.052.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.
Effective date—1997 c 137: See note following RCW 79A.05.055.

catchline: Parks improvement account—Transfers to state parks renewal and stewardship account.


title: RCW 79A.05.065

text:
(1)(a) The commission shall grant to any person who meets the eligibility requirements specified in this section a senior citizen's pass which shall: (i) Entitle such a person, and members of his or her camping unit, to a 50 percent reduction in the campsite rental fee prescribed by the commission; and (ii) entitle such a person to free admission to any state park.
(b) The commission shall grant a senior citizen's pass to any person who applies for the senior citizen's pass and who meets the following requirements:
(i) The person is at least 62 years of age;
(ii) The person is a domiciliary of the state of Washington and meets reasonable residency requirements prescribed by the commission; and
(iii) The person and his or her spouse have a combined income that would qualify the person for a property tax exemption pursuant to RCW 84.36.381. The financial eligibility requirements of this subsection (1)(b)(iii) apply regardless of whether the applicant for a senior citizen's pass owns taxable property or has obtained or applied for such property tax exemption.
(c) Each senior citizen's pass granted pursuant to this section is valid as long as the senior citizen meets the requirements of (b)(ii) of this subsection. A senior citizen meeting the eligibility requirements of this section may make a voluntary donation for the upkeep and maintenance of state parks.
(d) A holder of a senior citizen's pass shall surrender the pass upon request of a commission employee when the employee has reason to believe the holder fails to meet the criteria in (b) of this subsection. The holder shall have the pass returned upon providing proof to the satisfaction of the director that the holder meets the eligibility criteria for obtaining the senior citizen's pass.
(2)(a) Any resident of Washington who is disabled as defined by the social security administration and who receives social security benefits for that disability, or any other benefits for that disability from any other governmental or nongovernmental source, or who is entitled to benefits for permanent disability under RCW 71A.10.020(6) due to unemployability full time at the minimum wage, or who is legally blind or profoundly deaf, or who has been issued a card, decal, or special license plate for a permanent disability under RCW 46.19.010 shall be entitled to receive, regardless of age and upon making application therefor, a disability pass at no cost to the holder. The pass shall: (i) Entitle such a person, and members of his or her camping unit, to a 50 percent reduction in the campsite rental fee prescribed by the commission; and (ii) entitle such a person to free admission to any state park.
(b) A card, decal, or special license plate issued for a permanent disability under RCW 46.19.010 may serve as a pass for the holder to entitle that person and members of the person's camping unit to a 50 percent reduction in the campsite rental fee prescribed by the commission, and to allow the holder free admission to state parks.
(3) Any resident of Washington who is a veteran and has a service-connected disability of at least 30 percent shall be entitled to receive a lifetime disabled veteran pass at no cost to the holder. The pass shall: (a) Entitle such a person, and members of his or her camping unit, to free use of any campsite within any state park; and (b) entitle such a person to free admission to any state recreation site or lands, as defined in RCW 79A.80.010. A lifetime disabled veteran pass entitles the holder to all of the benefits of a discover pass under chapter 79A.80 RCW.
(4)(a) Any Washington state resident who provides out-of-home care to a child, as either a licensed foster family home or a person related to the child, is entitled to a foster home pass.
(b) An applicant for a foster home pass must request a pass in the manner required by the commission. Upon receipt of a properly submitted request, the commission shall verify with the department of social and health services that the applicant qualifies under (a) of this subsection. Once issued, a foster home pass is valid for the period, which may not be less than one year, designated by the commission.
(c) When accompanied by a child receiving out-of-home care from the pass holder, a foster home pass: (i) Entitles such a person, and members of his or her camping unit, to free use of any campsite within any state park; and (ii) entitles such a person to free admission to any state park.
(d) For the purposes of this subsection (4):
(i) "Out-of-home care" means placement in a foster family home or with a person related to the child under the authority of chapter 13.32A, 13.34, or 74.13 RCW;
(ii) "Foster family home" has the same meaning as defined in RCW 74.15.020; and
(iii) "Person related to the child" means those persons referred to in RCW 74.15.020(2)(a) (i) through (vi).
(5) All passes issued pursuant to this section are valid at all parks any time during the year. However, the pass is not valid for admission to concessionaire operated facilities.
(6) The commission shall negotiate payment and costs, to allow holders of a foster home pass free access and usage of park campsites, with the following nonoperated, nonstate-owned parks: Central Ferry, Chief Timothy, Crow Butte, and Lyons Ferry. The commission shall seek state general fund reimbursement on a biennial basis.
(7) The commission may deny or revoke any Washington state park pass issued under this section at any time for cause, including but not limited to the following:
(a) Residency outside the state of Washington;
(b) Violation of laws or state park rules resulting in eviction from a state park;
(c) Intimidating, obstructing, or assaulting a park employee or park volunteer who is engaged in the performance of official duties;
(d) Fraudulent use of a pass;
(e) Providing false information or documentation in the application for a state parks pass;
(f) Refusing to display or show the pass to park employees when requested; or
(g) Failing to provide current eligibility information upon request by the agency or when eligibility ceases or changes.
(8) This section shall not affect or otherwise impair the power of the commission to continue or discontinue any other programs it has adopted for senior citizens.
(9) The commission may engage in a mutually agreed upon reciprocal or discounted program for all or specific pass programs with other outdoor recreation agencies.
(10) The commission shall adopt those rules as it finds appropriate for the administration of this section. Among other things, the rules shall prescribe a definition of "camping unit" which will authorize a reasonable number of persons traveling with the person having a pass to stay at the campsite rented by such a person, a minimum Washington residency requirement for applicants for a senior citizen's pass, and an application form to be completed by applicants for a senior citizen's pass.
[ 2025 c 323 s 5; 2025 c 58 s 2047; 2011 c 171 s 115; 2010 c 161 s 1163; 2008 c 238 s 1; 2007 c 441 s 1; 1999 c 249 s 305; 1997 c 74 s 1; 1989 c 135 s 1; 1988 c 176 s 909; 1986 c 6 s 1; 1985 c 182 s 1; 1979 ex.s. c 131 s 1; 1977 ex.s. c 330 s 1. Formerly RCW 43.51.055.]
Notes:
Reviser's note: This section was amended by 2025 c 58 s 2047 and by 2025 c 323 s 5, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Findings—Intent—2025 c 323: See notes following RCW 79A.80.020.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Park passes—Eligibility.


title: RCW 79A.05.070

text:
The commission may:
(1) Make rules and regulations for the proper administration of its duties;
(2) Accept any grants of funds made with or without a matching requirement by the United States, or any agency thereof, for purposes in keeping with the purposes of this chapter; accept gifts, bequests, devises and endowments for purposes in keeping with such purposes; enter into cooperative agreements with and provide for private nonprofit groups to use state park property and facilities to raise money to contribute gifts, grants, and support to the commission for the purposes of this chapter. The commission may assist the nonprofit group in a cooperative effort by providing necessary agency personnel and services, if available. However, none of the moneys raised may inure to the benefit of the nonprofit group, except in furtherance of its purposes to benefit the commission as provided in this chapter. The agency and the private nonprofit group must agree on the nature of any project to be supported by such gift or grant prior to the use of any agency property or facilities for raising money. Any such gifts may be in the form of recreational facilities developed or built in part or in whole for public use on agency property, provided that the facility is consistent with the purposes of the agency;
(3) Require certification by the commission of all parks and recreation workers employed in state aided or state controlled programs;
(4) Act jointly, when advisable, with the United States, any other state agencies, institutions, departments, boards, or commissions in order to carry out the objectives and responsibilities of this chapter;
(5) Grant franchises and easements for any legitimate purpose on parks or parkways, for such terms and subject to such conditions and considerations as the commission shall specify;
(6) Charge fees for services, utilities, and use of facilities as the commission shall deem proper. The commission may utilize unstaffed collection stations to collect any fees or distribute any permits necessary for access to state parks, including discover passes and day-use permits as those terms are defined in RCW 79A.80.010;
(7) Enter into agreements whereby individuals or companies may rent undeveloped parks or parkway land for grazing, agricultural, or mineral development purposes upon such terms and conditions as the commission shall deem proper, for a term not to exceed forty years;
(8) Determine the qualifications of and employ a director of parks and recreation who must receive a salary as fixed by the governor in accordance with the provisions of RCW 43.03.040 and determine the qualifications and salary of and employ such other persons as may be needed to carry out the provisions hereof; and
(9) Utilize such other powers as in the judgment of a majority of its members are deemed necessary to effectuate the purposes of this chapter. However, the commission does not have power to supervise directly any local park or recreation district, and no funds shall be made available for such purpose.
[ 2012 c 261 s 8; 2011 c 320 s 24; 2006 c 141 s 1; 2003 c 186 s 1; 1999 c 249 s 307; 1995 c 211 s 3; 1993 c 156 s 1; 1987 c 225 s 3; 1980 c 89 s 2; 1969 c 99 s 1; 1965 c 8 s 43.51.060. Prior: 1961 c 307 s 12; 1955 c 391 s 3; 1947 c 271 s 5; RRS s 10768-4. Formerly RCW 43.51.060.]
Notes:
Effective date—2012 c 261: See note following RCW 79A.80.010.
Effective date—2011 c 320: See note following RCW 79A.80.005.
Findings—Intent—2011 c 320: See RCW 79A.80.005.
Effective date—2006 c 141: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 9, 2006." [ 2006 c 141 s 2.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Findings—Intent—1995 c 211: "The legislature finds that during the past fourteen years, the Washington state parks and recreation commission has endured a steady erosion of general fund operating support, which has caused park closures, staff reductions, and growing backlog of deferred maintenance projects. The legislature also finds that the growth of parks revenue has been constrained by staff limitations and by transfers of that revenue into the general fund.
The legislature intends to reverse the decline in operating support to its state parks, stabilize the system's level of general fund support, and inspire system employees and park visitors to enhance these irreplaceable resources and ensure their continuing availability to current and future state citizens and visitors. To achieve these goals, the legislature intends to dedicate park revenues to park operations, developing and renovating park facilities, undertaking deferred maintenance, and improving park stewardship. The legislature clearly intends that such revenues shall complement, not supplant, future general fund support." [ 1995 c 211 s 1.]
Effective date—1995 c 211: "This act is 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 July 1, 1995." [ 1995 c 211 s 8.]
Severability—1995 c 211: "If any provision of this 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." [ 1995 c 211 s 9.]
Effective date—1969 c 99: "This 1969 amendatory act shall take effect July 1, 1969." [ 1969 c 99 s 12.]

catchline: Further powers—Director of parks and recreation—Salaries.


title: RCW 79A.05.075

text:
No provision of law relating to the commission shall prevent the commission from delegating to the director such powers and duties of the commission as they may deem proper.
[ 1999 c 249 s 306; 1969 ex.s. c 31 s 2. Formerly RCW 43.51.061.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Delegation of commission's powers and duties to director.


title: RCW 79A.05.080

text:
The state parks and recreation commission is hereby authorized to lease the use of such areas in Mount Spokane state park, Steptoe Butte state park, Kamiak Butte state park or any other state park for television stations as the commission may decide are suitable for that purpose: PROVIDED, That this authority shall not extend to school lands or lands held by the state of Washington for educational purposes.
[ 1965 c 8 s 43.51.062. Prior: 1953 c 39 s 1. Formerly RCW 43.51.062.]
Notes:
Validating—1953 c 39: "Any lease authorizing the use of any portion of Mount Spokane state park for a television station which the state parks and recreation commission has already made is hereby validated and confirmed, and the parties thereto are bound by the terms thereof." [ 1953 c 39 s 2.]
Construction—1953 c 39: "The authority conferred by this act is in addition to the powers and authority now conferred upon the state parks and recreation commission, and this act shall not be construed to repeal or limit, by implication or otherwise, any authority or power now conferred by law upon the state parks and recreation commission." [ 1953 c 39 s 3.]

catchline: Lease of parklands for television stations.


title: RCW 79A.05.085

text:
The commission shall determine the fair market value for television station leases based upon independent appraisals and existing leases for television stations shall be extended at said fair market rental for at least one period of not more than twenty years: PROVIDED, That the rates in said leases shall be renegotiated at five year intervals: PROVIDED FURTHER, That said stations shall permit the attachment of antennae of publicly operated broadcast and microwave stations where electronically practical to combine the towers: PROVIDED FURTHER, That notwithstanding any term to the contrary in any lease, this section shall not preclude the commission from prescribing new and reasonable lease terms relating to the modification, placement, or design of facilities operated by or for a station, and any extension of a lease granted under this section shall be subject to this proviso: PROVIDED FURTHER, That notwithstanding any other provision of law the director in his or her discretion may waive any requirement that any environmental impact statement or environmental assessment be submitted as to any lease negotiated and signed between January 1, 1974, and December 31, 1974.
[ 2013 c 23 s 265; 1974 ex.s. c 151 s 1. Formerly RCW 43.51.063.]

catchline: Lease of parklands for television stations—Lease rental rates, terms—Attachment of antennae.


title: RCW 79A.05.087

text:
(1) The commission, in consultation with the department of archaeology and historic preservation, may permit commercial advertising on or in state parks lands and buildings when all the following conditions and standards are met with regard to the commercial advertising:
(a) It conforms to the United States secretary of the interior's standards for the treatment of historic properties when applied to advertising affecting historic structures, cultural and historic landscapes, and archaeological sites;
(b) It does not detract from the integrity of the park's natural, cultural, historic, and recreational resources and outstanding scenic view sheds;
(c) It does not create a potential conflict of interest because of the commercial or corporate entity's regulatory or business relationships with the commission; and
(d) It will acknowledge individuals and organizations that are donors or sponsors of park events or projects or support the sustainability of park concessionaires, lessees, or service providers.
(2) The commission is encouraged to use its advertising authority to promote:
(a) Community economic development near state parks;
(b) Wellness, healthy food options, healthy behaviors, and any other public health goals or principles adopted by the state; and
(c) Park visitor awareness of services and activities within and near each park.
(3) The commission shall adopt standards for advertising, naming, product placement, and other forms of commercial recognition that require the commission to define and prohibit, at minimum, the following:
(a) Obscene, indecent, or discriminatory content;
(b) Political or public issue advocacy content;
(c) Products, services, or other materials that are offensive, insulting, disparaging, or degrading; or
(d) Products, services, or messages that are contrary to the public interest, including any advertisement that encourages or depicts unsafe behaviors or encourages unsafe or prohibited recreation activities. Tobacco and cannabis must be included among the products prohibited under this subsection (3)(d).
(4) Notwithstanding subsection (1) of this section, commercial advertising, including product placement, is permitted on commission websites, electronic social media, and printed materials within or outside of state parks.
[ 2014 c 86 s 4.]

catchline: Commercial advertising on or in state parks lands and buildings—Conditions and standards.


title: RCW 79A.05.090

text:
Persons over the age of sixty-five are exempt from any permit or other administrative fee imposed by the commission for the collection of wood debris in state parks, if such wood is for personal use.
[ 1983 c 193 s 1. Formerly RCW 43.51.065.]

catchline: Exemption of persons over sixty-five from fees for collection in state parks of wood debris for personal use.


title: RCW 79A.05.095

text:
The commission may receive and accept donations of lands for state park purposes, and shall be responsible for the management and control of all lands so acquired. It may from time to time recommend to the legislature the acquisition of lands for park purposes by purchase or condemnation.
[ 1999 c 249 s 901; 1965 c 8 s 43.51.070. Prior: 1913 c 113 s 2; RRS s 10940. Formerly RCW 43.51.070.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Donations of land for park purposes.


title: RCW 79A.05.100

text:
The commission may receive in trust any money donated or bequeathed to it, and carry out the terms of such donation or bequest, or, in the absence of such terms, expend the same as it may deem advisable for park or parkway purposes.
Money so received shall be deposited in the state parks renewal and stewardship account.
[ 1997 c 137 s 3; 1969 c 99 s 2; 1965 c 8 s 43.51.090. Prior: 1923 c 157 s 2; 1921 c 149 s 3; RRS s 10943. Formerly RCW 43.51.090.]
Notes:
Effective date—1997 c 137: See note following RCW 79A.05.055.

catchline: Bequests and donations of money.


title: RCW 79A.05.105

text:
Inasmuch as the value of land with standing timber is increasing and will continue to increase from year to year and no loss will be caused to the common school fund or other fund into which the proceeds of the sale of any land held by the state would be paid by postponing the sale thereof, the commissioner of public lands may, upon his or her own motion, and shall, when directed so to do by the state parks and recreation commission, withdraw from sale any land held by the state abutting on any public highway and certify to the commission that such land is withheld from sale pursuant to the terms of this section.
Such lands shall not be sold until directed by the legislature, and shall in the meantime be under the care, charge, control, and supervision of the commission.
[ 2013 c 23 s 266; 1965 c 8 s 43.51.100. Prior: 1921 c 149 s 4; RRS s 10944. Formerly RCW 43.51.100.]

catchline: Withdrawal of granted lands on public highways.


title: RCW 79A.05.110

text:
The commissioner of public lands may, upon his or her own motion, and shall, when directed so to do by the commission, withdraw from sale any land held by the state and not acquired directly from the United States with reservations as to the manner of sale thereof and the purposes for which it may be sold, and certify to the commission that such land is withheld from sale pursuant to the terms of this section.
All such land shall be under the care, charge, control, and supervision of the commission, and after appraisal in such manner as the commission directs may be exchanged for land of equal value, and to this end the chair and secretary of the commission may execute deeds of conveyance in the name of the state.
[ 1999 c 249 s 902; 1965 c 8 s 43.51.110. Prior: 1921 c 149 s 5; RRS s 10945. Formerly RCW 43.51.110.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Withdrawal of other lands—Exchange for lands on highway.


title: RCW 79A.05.115

text:
The commission shall develop and maintain a cross-state trail facility with appropriate appurtenances.
[ 2018 c 279 s 1; 2009 c 338 s 1; 2006 c 160 s 1; 1999 c 301 s 1; 1996 c 129 s 2. Formerly RCW 43.51.112.]
Notes:
Effective date—2009 c 338: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2009." [ 2009 c 338 s 5.]
Effective date—1999 c 301: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 13, 1999]." [ 1999 c 301 s 6.]
Intent—1996 c 129: "The legislature intends to complete a cross-state trail system while maintaining long-term ownership of the Milwaukee Road corridor. In order to accomplish this, it will be beneficial to change the management and control of certain portions of the Milwaukee Road corridor currently managed and controlled by several state agencies and to provide a franchise to establish and maintain a rail line. It is the intent of the legislature that if a franchise is not agreed upon, no changes in the current management and control shall occur." [ 1996 c 129 s 1.]
Effective date—1996 c 129: "This act takes effect July 1, 1996." [ 1996 c 129 s 10.]
Severability—1996 c 129: "If any provision of this 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." [ 1996 c 129 s 12.]

catchline: Cross-state trail facility.


title: RCW 79A.05.120

text:
(1) To facilitate completion of a cross-state trail under the management of the parks and recreation commission, management and control of lands known as the Milwaukee Road corridor shall be transferred between state agencies as follows on the date a franchise agreement is entered into for a rail line over portions of the Milwaukee Road corridor:
(a) Portions owned by the state between Ellensburg and the Columbia river that are managed by the parks and recreation commission are transferred to the department of transportation;
(b) Portions owned by the state between the west side of the Columbia river and Royal City Junction and between Warden and Lind that are managed by the department of natural resources are transferred to the department of transportation;
(c) Portions owned by the state between Lind and the Idaho border that are managed by the department of natural resources are transferred to the parks and recreation commission as of June 7, 2006; and
(d) Portions owned by the state between Lind and Marengo are transferred to the department of transportation.
(2) The department of natural resources may, by mutual agreement with the parks and recreation commission, transfer management authority over portions of the Milwaukee Road corridor to the state parks and recreation commission, at any time prior to the department of transportation entering into a franchise agreement.
(3) No transfers shall occur unless the department of transportation enters into a franchise agreement for a rail line over any of the portions of the Milwaukee Road corridor between Ellensburg and Marengo.
[ 2018 c 279 s 2; 2009 c 338 s 2; 2006 c 160 s 2; 1999 c 301 s 2; 1996 c 129 s 3. Formerly RCW 43.51.1121.]
Notes:
Effective date—2009 c 338: See note following RCW 79A.05.115.
Effective date—1999 c 301: See note following RCW 79A.05.115.
Intent—Effective date—Severability—1996 c 129: See notes following RCW 79A.05.115.

catchline: Cross-state trail—Transfer of lands in Milwaukee Road corridor.


title: RCW 79A.05.125

text:
(1) The department of transportation shall negotiate one or more franchises with rail carriers to establish and maintain a rail line over portions of the Milwaukee Road corridor owned by the state between Ellensburg and Marengo. The department of transportation may negotiate such a franchise with any qualified rail carrier. Criteria for negotiating the franchise and establishing the right-of-way include:
(a) Assurances that resources from the franchise will be sufficient to compensate the state for use of the property, including completion of a cross-state trail between Easton and the Idaho border;
(b) Types of payment for use of the franchise, including payment for the use of federally granted trust lands in the transportation corridor;
(c) Standards for maintenance of the line;
(d) Provisions ensuring that both the conventional and intermodal rail service needs of local shippers are met. Such accommodations may comprise agreements with the franchisee to offer or maintain adequate service or to provide service by other carriers at commercially reasonable rates;
(e) Provisions requiring the franchisee, upon reasonable request of any other rail operator, to provide rail service and interchange freight over what is commonly known as the Stampede Pass rail line from Cle Elum to Auburn at commercially reasonable rates;
(f) If any part of the franchise agreement is invalidated by actions or rulings of the federal surface transportation board or a court of competent jurisdiction, the remaining portions of the franchise agreement are not affected;
(g) Compliance with environmental standards; and
(h) Provisions for insurance and the coverage of liability.
(2) The franchise may provide for periodic review of financial arrangements under the franchise.
(3) The department of transportation, in consultation with the parks and recreation commission and the senate and house transportation committees, shall negotiate the terms of the franchise, and shall present the agreement to the parks and recreation commission for approval of as to terms and provisions affecting the cross-state trail or affecting the commission.
[ 2018 c 279 s 3; 2009 c 338 s 3; 2006 c 160 s 3; 2005 c 319 s 134; 1999 c 301 s 3; 1996 c 129 s 4. Formerly RCW 43.51.113.]
Notes:
Effective date—2009 c 338: See note following RCW 79A.05.115.
Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.
Effective date—1999 c 301: See note following RCW 79A.05.115.
Review and approval of franchise—Report to the legislature: "(1) Before entering into a final agreement to issue a franchise negotiated in accordance with RCW 43.51.113, the department of transportation shall submit the franchise to the legislative transportation committee for review and approval.
(2) If the department of transportation has not entered into a final agreement to franchise a rail line over portions of the Milwaukee Road corridor by December 1, 1998, a report of the progress and obstacles to such an agreement shall be made. The report shall be submitted by December 15, 1998, to appropriate committees of the legislature." [ 1996 c 129 s 6.]
Intent—Effective date—Severability—1996 c 129: See notes following RCW 79A.05.115.

catchline: Cross-state trail—Rail line franchise negotiations by department of transportation.


title: RCW 79A.05.130

text:
(1) The cross-state trail account is created in the custody of the state treasurer. Eleven million five hundred thousand dollars is provided to the state parks and recreation commission to acquire, construct, and maintain a cross-state trail. This amount may consist of: (a) Legislative appropriations intended for trail development; (b) payments for the purchase of federally granted trust lands; and (c) franchise fees derived from use of the rail corridor. The legislature intends that any amounts provided from the transportation fund are to be repaid to the transportation fund from franchise fees.
(2) The department shall deposit franchise fees from use of the rail corridor according to the following priority: (a) To the department of transportation for actual costs incurred in administering the franchise; (b) to the department of natural resources as compensation for use of federally granted trust lands in the rail corridor; (c) to the transportation fund to reimburse any amounts transferred or appropriated from that fund by the legislature for trail development; (d) to the cross-state trail account, not to exceed eleven million five hundred thousand dollars, provided that this amount shall be reduced proportionate with any funds transferred or appropriated by the 1996 legislature or paid from franchise fees for the purchase of federally granted trust lands or for trail development; and (e) the remainder to the essential rail assistance account, created under RCW 47.76.250. Expenditures from the cross-state trail account may be used only for the acquisition, development, operation, and maintenance of the cross-state trail. Only the director of the state parks and recreation commission or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(3) The commission may acquire land from willing sellers for the cross-state trail, but not by eminent domain.
(4) The commission shall adopt rules describing the cross-state trail.
[ 2018 c 279 s 4; 2009 c 338 s 4; 2006 c 160 s 4; 1999 c 301 s 4; 1996 c 129 s 5. Formerly RCW 43.51.114.]
Notes:
Effective date—2009 c 338: See note following RCW 79A.05.115.
Effective date—1999 c 301: See note following RCW 79A.05.115.
Intent—Effective date—Severability—1996 c 129: See notes following RCW 79A.05.115.

catchline: Cross-state trail account—Land acquisition—Rules describing trail.


title: RCW 79A.05.135

text:
All state parks and parkways, subject to the provisions of this chapter are set apart and dedicated as public parks and parkways for the benefit and enjoyment of all the people of this state.
[ 1965 c 8 s 43.51.120. Prior: 1921 c 149 s 6; RRS s 10946. Formerly RCW 43.51.120.]

catchline: Dedication as parks and parkways.


title: RCW 79A.05.140

text:
The state parks and recreation commission may grant permits to individuals, groups, churches, charities, organizations, agencies, clubs, or associations to improve any state park or parkway, or any lands belonging to the state and withdrawn from sale under the provisions of this chapter. These improvements shall not interfere with access to or use of such public lands or facilities by the general public and shall benefit the public in terms of safety, recreation, aesthetics, or wildlife or natural area preservation. These improvements on public lands and facilities shall be for the use of all members of the general public.
[ 1999 c 59 s 2; 1982 c 156 s 1; 1965 c 8 s 43.51.130. Prior: 1929 c 83 s 1; RRS s 10946-1. Formerly RCW 43.51.130.]

catchline: Permits for improvement of parks—Limitations.


title: RCW 79A.05.145

text:
Any such individual, group, organization, agency, club, or association desiring to obtain such permit shall make application therefor in writing to the commission, describing the lands proposed to be improved and stating the nature of the proposed improvement.
[ 1999 c 59 s 3; 1982 c 156 s 2; 1965 c 8 s 43.51.140. Prior: 1929 c 83 s 2; RRS s 10946-2. Formerly RCW 43.51.140.]

catchline: Application for permit.


title: RCW 79A.05.150

text:
If the state parks and recreation commission determines that the proposed improvement will substantially alter a park, parkway, or parkland, it shall require the applicant to submit detailed plans and specifications of the proposed improvement, which, as submitted, or as modified by the state parks and recreation commission, shall be incorporated in the permit when granted.
[ 1982 c 156 s 3; 1965 c 8 s 43.51.150. Prior: 1929 c 83 s 3; RRS s 10946-3. Formerly RCW 43.51.150.]

catchline: Plans and specifications.


title: RCW 79A.05.155

text:
If the commission determines it necessary, the applicant shall execute and file with the secretary of state a bond payable to the state, in such penal sum as the commission shall require, with good and sufficient sureties to be approved by the commission, conditioned that the grantee of the permit will make the improvement in accordance with the plans and specifications contained in the permit, and, in case the improvement is made upon lands withdrawn from sale under the provisions of RCW 79A.05.105, will pay into the state treasury to the credit of the fund to which the proceeds of the sale of such lands would belong, the appraised value of all merchantable timber and material on the land, destroyed, or used in making such improvement.
[ 2000 c 11 s 31; 1982 c 156 s 4; 1965 c 8 s 43.51.160. Prior: 1929 c 83 s 4; RRS s 10946-4. Formerly RCW 43.51.160.]

catchline: Surety bond.


title: RCW 79A.05.160

text:
(1) Designated officers, employed by the commission, shall be vested with police powers to enforce the laws of this state:
(a) Within the boundaries of any state park, including lands owned, managed, or comanaged by the commission under lease or other agreement;
(b) In winter recreation facilities established and administered by the commission pursuant to RCW 79A.05.225(1)(a);
(c) On public roadways and public waterways bisecting the contiguous borders of any state park, including lands owned, managed, or comanaged by the commission under lease or other agreement;
(d) Upon the prior written consent of the sheriff or chief of police in whose primary territorial jurisdiction the exercise of the powers occur;
(e) In response to the request of a peace officer with enforcement authority; and
(f) When the officer is in fresh pursuit for an offense committed in the presence of the officer while the officer had police powers as specified in (a) through (e) of this subsection.
(2) The director may, under the provisions of RCW 7.84.140, enter into an agreement allowing officers of the department of natural resources, the department of fish and wildlife, and tribal law enforcement agencies on contiguous or comanaged property, to enforce certain civil infractions created under this title.
[ 2016 c 185 s 1; 2011 c 320 s 15; 1965 c 8 s 43.51.170. Prior: 1921 c 149 s 7; RRS s 10947. Formerly RCW 43.51.170.]
Notes:
Effective date—2011 c 320: See note following RCW 79A.80.005.
Findings—Intent—2011 c 320: See RCW 79A.80.005.

catchline: Police powers of designated officers employed by commission.


title: RCW 79A.05.162

text:
When physical injury to a person or substantial damage to property occurs, or is about to occur, within the presence of an officer of the commission designated with police powers pursuant to RCW 79A.05.160, the designated officer is authorized to take such action as is reasonably necessary to prevent physical injury to a person or substantial damage to property or prevent further injury to a person or further substantial damage to property. A designated officer shall be immune from civil liability for damages arising out of the action of the designated officer to prevent physical injury to a person or substantial damage to property or prevent further injury to a person or further substantial damage to property, unless it is shown that the designated officer acted with gross negligence or bad faith.
[ 2016 c 185 s 2.]

catchline: Physical injury to a person/substantial damage to property—Authority of a designated officer.


title: RCW 79A.05.165

text:
(1) Every person is guilty of a misdemeanor who:
(a) Cuts, breaks, injures, destroys, takes, or removes any tree, shrub, timber, plant, or natural object in any park or parkway except in accordance with such rules as the commission may prescribe; or
(b) Kills, or pursues with intent to kill, any bird or animal in any park or parkway except in accordance with a research pass, permit, or other approval issued by the commission, pursuant to rule, for scientific research purposes; or
(c) Takes any fish from the waters of any park or parkway, except in conformity with such general rules as the commission may prescribe; or
(d) Willfully mutilates, injures, defaces, or destroys any guidepost, notice, tablet, fence, inclosure [enclosure], or work for the protection or ornamentation of any park or parkway; or
(e) Lights any fire upon any park or parkway, except in such places as the commission has authorized, or willfully or carelessly permits any fire which he or she has lighted or which is under his or her charge, to spread or extend to or burn any of the shrubbery, trees, timber, ornaments, or improvements upon any park or parkway, or leaves any campfire which he or she has lighted or which has been left in his or her charge, unattended by a competent person, without extinguishing it; or
(f) Places within any park or parkway or affixes to any object therein contained, without a written license from the commission, any word, character, or device designed to advertise any business, profession, article, thing, exhibition, matter, or event.
(2)(a) Except as provided in (b) of this subsection, a person who violates any rule adopted, promulgated, or issued by the commission pursuant to the provisions of this chapter is guilty of a misdemeanor.
(b) The commission may specify by rule, when not inconsistent with applicable statutes, that violation of the rule is an infraction under chapter 7.84 RCW.
[ 2007 c 441 s 2; (2008 c 83 s 2 expired December 1, 2010); 2003 c 53 s 382; 1997 c 214 s 1; 1987 c 380 s 15; 1965 c 8 s 43.51.180. Prior: 1921 c 149 s 8; RRS s 10948. Formerly RCW 43.51.180.]
Notes:
Expiration date—2008 c 83: "This act expires December 1, 2010." [ 2008 c 83 s 3.]
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—1987 c 380: See RCW 7.84.900.

catchline: Penalties.


title: RCW 79A.05.168

text:
(1) Before entering into any contract for the construction of or replacement of any bridge on land controlled by the commission, the director must consider whether to require the installation of informational signs that address the hazards of diving or jumping off the bridge as part of the contract. These signs are meant to provide more information than just a "no jumping" sign so that people can better understand the hazards related to a particular location. Signs with information on the hazard of cold-water shock that leads to drowning are encouraged to be installed in locations where people might otherwise think a location is safe for swimming. Signs under this section may include the statewide 988 suicide prevention hotline.
(2) Signs created under this section for placement within the right-of-way of the state highway system may not conflict with provisions of the manual on uniform traffic control devices or existing state laws related to placement and design of signs that are placed along transportation corridors.
(3) This section does not create a private right of action by, or a legal duty to, any party, and may not be used to impose liability on the commission if a sign has or has not been erected on its property. The state of Washington, including all of its agencies, subdivisions, employees, and agents, shall not be liable in tort for any violation of chapter 54, Laws of 2023, notwithstanding any other provision of law.
[ 2023 c 54 s 12.]
Notes:
Short title—Intent—Finding—2023 c 54: See notes following RCW 35.21.095.

catchline: Bridge jumping warning signs.


title: RCW 79A.05.170

text:
(1) Any lands owned by the state parks and recreation commission, which are determined to be surplus to the needs of the state for development for state park purposes and which the commission proposes to deed to a local government or other entity, shall be accompanied by a clause requiring that if the land is not used for outdoor recreation purposes, ownership of the land shall revert to the state parks and recreation commission.
(2) The state parks and recreation commission, in cases where land subject to such a reversionary clause is proposed for use or disposal for purposes other than recreation, shall require that, if the land is surplus to the needs of the commission for park purposes at the time the commission becomes aware of its proposed use for nonrecreation purposes, the holder of the land or property shall reimburse the commission for the release of the reversionary interest in the land. The reimbursement shall be in the amount of the fair market value of the reversionary interest as determined by a qualified appraiser agreeable to the commission. Appraisal costs shall be borne by the local entity which holds title to the land.
(3) Any funds generated under a reimbursement under this section shall be deposited in the parkland acquisition account which is hereby created in the state treasury. Moneys in this account are to be used solely for the purchase or acquisition of property for use as state park property by the commission, as directed by the legislature; all such funds shall be subject to legislative appropriation.
[ 1991 sp.s. c 13 s 23; 1985 c 57 s 33; 1984 c 87 s 1. Formerly RCW 43.51.200.]
Notes:
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: Transfer of surplus land—Reversionary clause required—Release—Parkland acquisition account.


title: RCW 79A.05.175

text:
Whenever the commission finds that any land under its control cannot advantageously be used for park purposes, it is authorized to dispose of such land by the method provided in this section or by the method provided in RCW 79A.05.170. If such lands are school or other grant lands, control thereof shall be relinquished by resolution of the commission to the proper state officials. If such lands were acquired under restrictive conveyances by which the state may hold them only so long as they are used for park purposes, they may be returned to the donor or grantors by the commission. All other such lands may be either sold by the commission to the highest bidder or exchanged for other lands of equal value by the commission, and all conveyance documents shall be executed by the governor. All such exchanges shall be accompanied by a transfer fee, to be set by the commission and paid by the other party to the transfer; such fee shall be paid into the parkland acquisition account established under RCW 79A.05.170. The commission may accept sealed bids, electronic bids, or oral bids at auction. Bids on all sales shall be solicited at least twenty days in advance of the sale date by an advertisement appearing at least once a week for two consecutive weeks in a newspaper of general circulation in the county in which the land to be sold is located. If the commission feels that no bid received adequately reflects the fair value of the land to be sold, it may reject all bids, and may call for new bids. All proceeds derived from the sale of such park property shall be paid into the parkland acquisition account. All land considered for exchange shall be evaluated by the commission to determine its adaptability to park usage. The equal value of all lands exchanged shall first be determined by the appraisals to the satisfaction of the commission. No sale or exchange of state parklands shall be made without the unanimous consent of the commission.
[ 2007 c 145 s 1; 1999 c 249 s 601; 1998 c 42 s 1; 1984 c 87 s 2; 1971 ex.s. c 246 s 1; 1969 c 99 s 3; 1965 c 8 s 43.51.210. Prior: 1953 c 64 s 1; 1947 c 261 s 1; RRS s 10951a. Formerly RCW 43.51.210.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Disposal of land not needed for park purposes.