title: RCW 79A.05.178

text:
(1) Notwithstanding any other provision of this chapter, the commission may directly dispose of up to ten contiguous acres of real property, without public auction, to resolve trespass, property ownership disputes, and boundary adjustments with adjacent private property owners. Real property to be disposed of under this section may be disposed of only after appraisal and for at least fair market value, and only if the transaction is in the best interest of the state. The commission shall cooperate with potential purchasers to arrive at a mutually agreeable sales price. If necessary, determination of fair market value may include the use of separate independent appraisals by each party and the review of the appraisals, as agreed upon by the parties. All conveyance documents shall be executed by the governor. All proceeds from the disposal of the property shall be paid into the parkland acquisition account. No disposal of real property may be made without the unanimous consent of the commission.
(2) Prior to the disposal of any real property under subsection (1) of this section, the commission shall hold a public hearing on the proposal in the county where the real property, or the greatest portion of the real property, is located. At least ten days, but not more than twenty-five days, prior to the hearing, the commission shall publish a paid public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the real property is located. A news release concerning the public hearing must be disseminated among print and electronic media in the area where the real property is located. The public notice and news release shall also identify the real property involved in the proposed disposal and describe the purpose of the proposed disposal. A summary of the testimony presented at the public hearing shall be prepared for the commission's consideration when reviewing the proposed disposal of real property.
(3) If there is a failure to substantially comply with the procedures set out under this section, then the agreement to dispose of the real property is subject to being declared invalid by a court of competent jurisdiction. Such a suit must be brought within one year of the date of the real property disposal agreement.
[ 2000 c 42 s 1.]

catchline: Real property disposal—Disputed land—Manner—Notice and hearing—Suit for noncompliance.


doc_type: statute

jurisdiction: wa

title: RCW 79A.05.179

text:
Actions under this chapter are subject to the notification requirements of RCW 43.17.400.
[ 2007 c 62 s 11.]
Notes:
Finding—Intent—Severability—2007 c 62: See notes following RCW 43.17.400.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Notification requirements.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 79A.05.180

text:
Before the director of parks and recreation presents a proposed exchange to the parks and recreation commission involving an exchange of state land pursuant to this chapter, the director shall hold a public hearing on the proposal in the county where the state lands or the greatest proportion thereof is located. Ten days but not more than twenty-five days prior to such hearing, the director shall publish a paid public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the state owned land is located. A news release pertaining to the hearing shall be disseminated among printed and electronic media in the area where the state land is located. The public notice and news release also shall identify lands involved in the proposed exchange and describe the purposes of the exchange and proposed use of the lands involved. A summary of the testimony presented at the hearings shall be prepared for the commission's consideration when reviewing the director's exchange proposal. If there is a failure to substantially comply with the procedures set forth in this section, then the exchange agreement shall be subject to being declared invalid by a court. Any such suit must be brought within one year from the date of the exchange agreement.
[ 1998 c 42 s 2; 1975 1st ex.s. c 107 s 1. Formerly RCW 43.51.215.]
Notes:
Exchange of land under control of department of natural resources, procedure: RCW 79.17.050.

catchline: Exchange of state land by commission—Public notice—News release—Hearing—Procedure.


title: RCW 79A.05.185

text:
To encourage the development of the Puget Sound country as a recreational boating area, the commission is authorized to establish landing, launch ramp, and other facilities for small pleasure boats at places on Puget Sound frequented by such boats and where the commission shall find such facilities will be of greatest advantage to the users of pleasure boats. The commission is authorized to acquire land or to make use of lands belonging to the state for such purposes, and to construct the necessary floats, launch ramp, and other desirable structures and to make such further development of any area used in connection therewith as in the judgment of the commission is best calculated to facilitate the public enjoyment thereof.
[ 1999 c 249 s 904; 1965 c 8 s 43.51.220. Prior: 1949 c 154 s 1; RRS s 10768-4d. Formerly RCW 43.51.220.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Small boat facilities for Puget Sound authorized.


title: RCW 79A.05.187

text:
(1) Prior to transferring ownership of a commission-owned vessel, the commission shall conduct a thorough review of the physical condition of the vessel, the vessel's operating capability, and any containers and other materials that are not fixed to the vessel.
(2) If the commission determines the vessel is in a state of advanced deterioration or poses a reasonably imminent threat to human health or safety, including a threat of environmental contamination, that the commission may: (a) Not transfer the vessel until the conditions identified under this subsection have been corrected; or (b) permanently dispose of the vessel by landfill, deconstruction, or other related method.
(3) Vessels taken into custody under chapter 79.100 RCW are not subject to this section or RCW 79A.05.189.
[ 2013 c 291 s 11.]

catchline: Transfer of ownership of commission-owned vessel—Review of vessel's physical condition.


title: RCW 79A.05.189

text:
(1) Following the inspection required under RCW 79A.05.187 and prior to transferring ownership of a commission-owned vessel, the commission shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the vessel; and
(b) Information demonstrating the prospective owner's intent to obtain legal moorage following the transfer, in the manner determined by the commission.
(2)(a) The commission shall remove any containers or other materials that are not fixed to the vessel and contain hazardous substances, as defined under RCW 70A.305.020.
(b) However, the commission may transfer a vessel with:
(i) Those containers or materials described under (a) of this subsection where the transferee demonstrates to the commission's satisfaction that the container's or material's presence is consistent with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the commission, based on factors including the vessel's size, condition, and anticipated use of the vessel, including initial destination following transfer.
(c) The commission may consult with the department of ecology in carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid marine document, the commission is required to apply for a certificate of title for the vessel under RCW 88.02.510 and register the vessel under RCW 88.02.550.
[ 2021 c 65 s 91; 2013 c 291 s 12.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Transfer of ownership of commission-owned vessel—Further requirements.


title: RCW 79A.05.190

text:
(1) By September 1, 1997, the commission shall increase the area available for use by recreational metal detectors by at least two hundred acres.
(2) Beginning September 1, 1998, and each year thereafter until August 31, 2003, the commission shall increase the area of land available for use by recreational metal detectors by at least fifty acres.
[ 1997 c 150 s 2. Formerly RCW 43.51.235.]
Notes:
Intent—1997 c 150: "It is the intent of the legislature that those significant historic archaeological resources on state parklands that are of importance to the history of our state, or its communities, be protected for the people of the state. At the same time, the legislature also recognizes that the recreational use of metal detectors in state parks is a legitimate form of recreation that can be compatible with the protection of significant historic archaeological resources." [ 1997 c 150 s 1.]

catchline: Recreational metal detectors—Available land.


title: RCW 79A.05.195

text:
(1) The commission shall develop a cost-effective plan to identify historic archaeological resources in at least one state park containing a military fort located in Puget Sound. The plan shall include the use of a professional archaeologist and volunteer citizens.
(2) Any parkland that is made available for use by recreational metal detectors under this section shall count toward the requirements established in RCW 79A.05.190.
[ 1999 c 249 s 905; 1997 c 150 s 3. Formerly RCW 43.51.237.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Identification of historic archaeological resources in state parks—Plan—Availability of land for use by recreational metal detectors.


title: RCW 79A.05.200

text:
The powers, functions, and duties heretofore exercised by the department of fish and wildlife, or its director, respecting the management, control, and operation of the following enumerated tidelands, which are presently suitable for public recreational use, are hereby transferred to the parks and recreation commission which shall also have respecting such tidelands all the powers conferred by this chapter, as now or hereafter amended, respecting parks and parkways:
Parcel No. 1. (Toandos Peninsula) The tidelands of the second class, owned by the state of Washington, situate in front of, adjacent to, or abutting upon lots 1, 2, and 3, section 5, lots 1, 2, and 3, section 4, and lot 1, section 3, all in township 25 north, range 1 west, W.M., with a frontage of 158.41 lineal chains, more or less.
Parcel No. 2. (Shine) The tidelands of the second class, owned by the state of Washington, situate in front of, adjacent to, or abutting upon lots 1, 2, 3 and that portion of lot 4 lying north of the south 8.35 chains thereof as measured along the government meander line, all in section 35, township 28 north, range 1 east, W.M., with a frontage of 76.70 lineal chains, more or less.
Subject to an easement for right-of-way for county road granted to Jefferson county December 8, 1941 under application No. 1731, records of department of public lands.
Parcel No. 3. (Mud Bay - Lopez Island) The tidelands of the second class, owned by the state of Washington situate in front of, adjacent to, or abutting upon lots 5, 6 and 7, section 18, lot 5, section 7 and lots 3, 4, and 5, section 8, all in township 34 north, range 1 west, W.M., with a frontage of 172.11 lineal chains, more or less.
Excepting, however, any tideland of the second class in front of said lot 3, section 8 conveyed through deeds issued April 14, 1909 pursuant to the provisions of chapter 24, Laws of 1895 under application No. 4985, records of department of public lands.
Parcel No. 4. (Spencer Spit) The tidelands of the second class, owned by the state of Washington, situate in front of, adjacent to, or abutting upon lots 1, 3, and 4, section 7, and lot 5, section 18 all in township 35 north, range 1 west, W.M., with a frontage of 118.80 lineal chains, more or less.
Parcel No. 5. (Lilliwaup) The tidelands of the second class, owned by the state of Washington, lying easterly of the east line of vacated state oyster reserve plat No. 133 produced southerly and situate in front of, adjacent to or abutting upon lot 9, section 30, lot 8, section 19 and lot 5 and the south 20 acres of lot 4, section 20, all in township 23 north, range 3 west, W.M., with a frontage of 62.46 lineal chains, more or less.
[ 2000 c 11 s 32; 1967 ex.s. c 96 s 1. Formerly RCW 43.51.240.]
Notes:
Severability—1967 ex.s. c 96: "If any provision of this 1967 act, or its application to any person or circumstance is held invalid, the remainder of this 1967 act, or the application of the provision to other persons or circumstances is not affected." [ 1967 ex.s. c 96 s 3.]
Certain tidelands reserved for recreational use: RCW 79.125.740.

catchline: Certain tidelands transferred to commission.


title: RCW 79A.05.205

text:
The state parks and recreation commission may take appropriate action to provide public and private access, including roads and docks, to and from the tidelands described in RCW 79A.05.200.
[ 2000 c 11 s 33; 1967 ex.s. c 96 s 2. Formerly RCW 43.51.250.]

catchline: Certain tidelands transferred to commission—Access to and from tidelands.


title: RCW 79A.05.210

text:
(1) The department of natural resources and the commission shall have authority to negotiate sales to the commission, for park and outdoor recreation purposes, of trust lands at fair market value.
(2) The department of natural resources and the commission shall negotiate a sale to the commission of the lands and timber thereon identified in the joint study under section 4, chapter 163, Laws of 1985, and commonly referred to as the Point Lawrence trust property, San Juan county — on the extreme east point of Orcas Island. Timber conservation and management practices provided for in RCW 79A.05.035 and 79A.05.305 shall govern the management of land and timber transferred under this subsection as of the effective date of the transfer, upon payment for the property, and nothing in this chapter shall be construed as restricting or otherwise modifying the department of natural resources' management, control, or use of such land and timber until such date.
[ 1999 c 249 s 906; 1995 c 211 s 4; 1992 c 185 s 1; 1988 c 79 s 1; 1987 c 466 s 1; 1985 c 163 s 1; 1981 c 271 s 1; 1980 c 4 s 1; 1971 ex.s. c 210 s 1. Formerly RCW 43.51.270.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.
Findings—Intent—Effective date—Severability—1995 c 211: See notes following RCW 79A.05.070.
Withdrawal of state trust lands for park and recreational purpose: RCW 79A.50.080 through 79A.50.100.

catchline: Sale of state trust lands—Terms and conditions.


title: RCW 79A.05.215

text:
The state parks renewal and stewardship account is created in the state treasury. Except as otherwise provided in this chapter, all receipts from user fees, concessions, leases, donations collected under RCW 46.16A.090(3), and other state park-based activities shall be deposited into the account. The proceeds from the recreation access pass account created in RCW 79A.80.090 must be used for the purpose of operating and maintaining state parks. Expenditures from the account may be used for operating state parks, developing and renovating park facilities, undertaking deferred maintenance, enhancing park stewardship, and other state park purposes. Expenditures from the account may be made only after appropriation by the legislature.
[ 2011 c 320 s 22; (2013 2nd sp.s. c 15 s 7 expired June 30, 2017); 2010 c 161 s 1164; 2007 c 340 s 2; 1995 c 211 s 7. Formerly RCW 43.51.275.]
Notes:
Effective date—Expiration date—2013 2nd sp.s. c 15 ss 5-7: See notes following RCW 82.19.040.
Effective date—2011 c 320: See note following RCW 79A.80.005.
Findings—Intent—2011 c 320: See RCW 79A.80.005.
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.
Findings—Intent—Effective date—Severability—1995 c 211: See notes following RCW 79A.05.070.

catchline: State parks renewal and stewardship account.


title: RCW 79A.05.220

text:
The parks and recreation commission and the department of natural resources may periodically conduct a joint review of trust lands managed by the department to identify those parcels which may be appropriate for transfer to the commission for public recreation purposes.
[ 1987 c 466 s 3. Formerly RCW 43.51.285.]
Notes:
Escheat land suitable for park purposes: RCW 79.10.030.

catchline: Trust lands—Periodic review to identify parcels appropriate for transfer to commission.


title: RCW 79A.05.225

text:
(1) In addition to its other powers, duties, and functions the commission may:
(a) Plan, construct, and maintain suitable facilities for winter recreational activities on lands administered or acquired by the commission or as authorized on lands administered by other public agencies or private landowners by agreement;
(b) Provide and issue upon payment of the proper fee, under RCW 79A.05.230, 79A.05.240, and 46.61.585, with the assistance of such authorized agents as may be necessary for the convenience of the public, special permits to park in designated winter recreational area parking spaces;
(c) Administer the snow removal operations for all designated winter recreational area parking spaces; and
(d) Compile, publish, and distribute maps indicating such parking spaces, adjacent trails, and areas and facilities suitable for winter recreational activities.
(2) The commission must require the winter recreation program and its services to be self-supported solely through permit fees, gifts, grants, donations, and other revenues dedicated to the winter recreational program account in RCW 79A.05.235 and the snowmobile account in *RCW 46.10.075.
(3) The commission may contract with any public or private agency for the actual conduct of such duties, but shall remain responsible for the proper administration thereof. The commission is not liable for unintentional injuries to users of lands administered for winter recreation purposes under this section or under RCW 46.10.370, whether the lands are administered by the commission, by other public agencies, or by private landowners through agreement with the commission. Nothing in this section prevents the liability of the commission for injuries sustained by a user by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted. A road covered with snow and groomed for the purposes of winter recreation consistent with this chapter and chapter 46.10 RCW shall not be presumed to be a known dangerous artificial latent condition for the purposes of this chapter.
[ 2011 c 320 s 25; 2011 c 171 s 116; 1999 c 249 s 1401. Prior: 1990 c 136 s 2; 1990 c 49 s 2; 1982 c 11 s 1; 1975 1st ex.s. c 209 s 1. Formerly RCW 43.51.290.]
Notes:
Reviser's note: *(1) RCW 46.10.075 was recodified as RCW 46.68.350 pursuant to 2010 c 161 s 1230, effective July 1, 2011.
(2) This section was amended by 2011 c 171 s 116 and by 2011 c 320 s 25, 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—2011 c 320: See note following RCW 79A.80.005.
Findings—Intent—2011 c 320: See RCW 79A.80.005.
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Severability—1999 c 249: See note following RCW 79A.05.010.
Severability—1975 1st ex.s. c 209: "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." [ 1975 1st ex.s. c 209 s 9.]

catchline: Winter recreational facilities—Commission duties—Liability.


title: RCW 79A.05.230

text:
The fee for the issuance of special winter recreational area parking permits shall be determined by the commission after consultation with the winter recreation advisory committee. If the person making application therefor is also the owner of a snowmobile registered pursuant to chapter 46.10 RCW, there shall be no fee for the issuance of an annual permit. All special winter recreational area parking permits shall commence and expire on the dates established by the commission.
[ 1990 c 49 s 3; 1986 c 47 s 1; 1982 c 11 s 2; 1975 1st ex.s. c 209 s 2. Formerly RCW 43.51.300.]
Notes:
Severability—1975 1st ex.s. c 209: See note following RCW 79A.05.225.

catchline: Winter recreational area parking permits—Fee—Expiration.


title: RCW 79A.05.235

text:
There is hereby created the winter recreational program account in the state treasury. Special winter recreational area parking permit fees collected under this chapter shall be remitted to the state treasurer to be deposited in the winter recreational program account and shall be appropriated only to the commission for nonsnowmobile winter recreation purposes including the administration, acquisition, development, operation, planning, and maintenance of winter recreation facilities and the development and implementation of winter recreation, safety, enforcement, and education programs. The commission may accept gifts, grants, donations, or moneys from any source for deposit in the winter recreational program account.
Any public agency in this state may develop and implement winter recreation programs. The commission may make grants to public agencies and contract with any public or private agency or person to develop and implement winter recreation programs.
[ 1991 sp.s. c 13 s 6; 1985 c 57 s 35; 1982 c 11 s 3; 1975 1st ex.s. c 209 s 3. Formerly RCW 43.51.310.]
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.
Severability—1975 1st ex.s. c 209: See note following RCW 79A.05.225.

catchline: Winter recreational program account—Deposit of parking permit fees—Winter recreation programs by public and private agencies.


title: RCW 79A.05.240

text:
The commission may, after consultation with the winter recreation advisory committee, adopt rules and regulations prohibiting or restricting overnight parking at any special state winter recreational parking areas owned or administered by it. Where such special state winter recreational parking areas are administered by the commission pursuant to an agreement with other public agencies, such agreement may provide for prohibition or restriction of overnight parking.
[ 1982 c 11 s 4; 1975 1st ex.s. c 209 s 4. Formerly RCW 43.51.320.]
Notes:
Severability—1975 1st ex.s. c 209: See note following RCW 79A.05.225.

catchline: Winter recreational parking areas—Restriction of overnight parking.


title: RCW 79A.05.250

text:
The commission may adopt such rules as are necessary to implement and enforce RCW 79A.05.225 through 79A.05.240 and 46.61.585 after consultation with the winter recreation advisory committee.
[ 2000 c 11 s 34; 1982 c 11 s 5; 1975 1st ex.s. c 209 s 7. Formerly RCW 43.51.330.]
Notes:
Severability—1975 1st ex.s. c 209: See note following RCW 79A.05.225.

catchline: Winter recreational parking areas—Rules.


title: RCW 79A.05.255

text:
(1) There is created a winter recreation advisory committee to advise the parks and recreation commission in the administration of this chapter and to assist and advise the commission in the development of winter recreation facilities and programs.
(2) The committee shall consist of:
(a) Six representatives of the nonsnowmobiling winter recreation public appointed by the commission, including a resident of each of the six geographical areas of this state where nonsnowmobiling winter recreation activity occurs, as defined by the commission.
(b) Three representatives of the snowmobiling public appointed by the commission.
(c) One representative of the department of natural resources, one representative of the department of fish and wildlife, and one representative of the Washington state association of counties, each of whom shall be appointed by the director of the particular department or association.
(3) The terms of the members appointed under subsection (2)(a) and (b) of this section shall begin on October 1st of the year of appointment and shall be for three years or until a successor is appointed, except in the case of appointments to fill vacancies for the remainder of the unexpired term: PROVIDED, That the first of these members shall be appointed for terms as follows: Three members shall be appointed for one year, three members shall be appointed for two years, and three members shall be appointed for three years.
(4) Members of the committee shall be reimbursed from the winter recreational program account created by RCW 79A.05.235 for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) The committee shall meet at times and places it determines not less than twice each year and additionally as required by the committee chair or by majority vote of the committee. The chair of the committee shall be chosen under procedures adopted by the committee. The committee shall adopt any other procedures necessary to govern its proceedings.
(6) The director of parks and recreation or the director's designee shall serve as secretary to the committee and shall be a nonvoting member.
[ 2000 c 48 s 1; 2000 c 11 s 35; 1994 c 264 s 19; 1990 c 49 s 1; 1989 c 175 s 107; 1988 c 36 s 16; 1987 c 330 s 1101; 1986 c 47 s 2; 1982 c 11 s 6; 1975 1st ex.s. c 209 s 8. Formerly RCW 43.51.340.]
Notes:
Reviser's note: This section was amended by 2000 c 11 s 35 and by 2000 c 48 s 1, 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—1989 c 175: See note following RCW 34.05.010.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Severability—1975 1st ex.s. c 209: See note following RCW 79A.05.225.

catchline: Winter recreation advisory committee—Generally.


title: RCW 79A.05.260

text:
The legislature hereby names the golf course located at Sun Lakes State Park the "Vic Meyers Golf Course", and Rainbow Lake shall be re-named "Vic Meyers Lake". The state shall provide and install a proper marker in a suitable location in the main activity area of the park which will set forth the key role Victor Aloysius Meyers had in the development of Sun Lakes State Park and the important part he had for many years in the political and governmental history of the state. In addition, the name hereby established for the golf course shall be prominently displayed at the golf course clubhouse.
The legislature finds it appropriate to so honor Victor Aloysius Meyers for his long and dedicated service to the people of this state.
[ 1977 ex.s. c 266 s 1. Formerly RCW 43.51.350.]

catchline: Sun Lakes state park—"Vic Meyers Golf Course" designation—"Vic Meyers Lake" designation.


title: RCW 79A.05.265

text:
The legislature finds that there is a need for hostels in the state for the safety and welfare of transient persons with limited resources. It is the intent of RCW 79A.05.265 through 79A.05.275 that such facilities be established using locally donated structures. It is the further intent of RCW 79A.05.265 through 79A.05.275 that the state dispense any available federal or other moneys for such related projects and provide assistance where possible.
[ 2000 c 11 s 36; 1977 ex.s. c 281 s 1. Formerly RCW 43.51.360.]

catchline: Hostels—Legislative declaration of intent.


title: RCW 79A.05.270

text:
For purposes of *this chapter, "hostel" means a simple basic structure that serves as a safe, low-cost accommodation for mobile people of all ages from this country and abroad.
[ 1977 ex.s. c 281 s 2. Formerly RCW 43.51.365.]
Notes:
*Reviser's note: "This chapter" apparently refers to RCW 43.51.360 through 43.51.375; which were subsequently recodified as RCW 79A.05.265 through 79A.05.280 pursuant to 1999 c 249 s 1601.

catchline: "Hostel" defined.


title: RCW 79A.05.275

text:
Any political subdivision of the state is authorized to establish hostels within its jurisdiction. The facilities and services shall include, but not be limited to:
(1) Short term sleeping accommodations including adequate restroom and bathing facilities; and
(2) Information and referral services, including, but not limited to availability of employment and health services.
Details of operations and regulations, including the establishment of appropriate fees to recover actual operating and maintenance costs, shall be within the discretion of the operating authority: PROVIDED, That the consumption of alcoholic beverages or the possession or use of a controlled substance in violation of chapter 69.50 RCW shall be prohibited.
[ 1977 ex.s. c 281 s 3. Formerly RCW 43.51.370.]

catchline: Hostels—Authority of political subdivisions to establish.


title: RCW 79A.05.280

text:
The parks and recreation commission is authorized to accept grants or moneys from any federal or private source for support of hostels. The commission at its discretion is directed to apportion and transfer any such moneys to contracting agencies or political subdivisions which operate hostels: PROVIDED, That the commission shall establish rules and regulations for the operation of hostels which are substantially similar to the operating standards and customs established by the American Youth Hostels Incorporated.
[ 1977 ex.s. c 281 s 4. Formerly RCW 43.51.375.]

catchline: Hostels—Commission authorized to accept grants or moneys for the support thereof—Rules required.


title: RCW 79A.05.285

text:
The commission is authorized to evaluate and acquire land under *RCW 79.01.612 in cooperation with the department of natural resources.
[ 1999 c 249 s 907.]
Notes:
*Reviser's note: RCW 79.01.612 was recodified as RCW 79.10.030 pursuant to 2003 c 334 s 555.
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Land evaluation, acquisition.


title: RCW 79A.05.290

text:
The commission may select land held by the department of natural resources for acquisition under RCW 79A.50.010 et seq.
[ 1999 c 249 s 908.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Acquisition of land held by department of natural resources.


title: RCW 79A.05.300

text:
For the reasons specified in RCW 79A.25.250, the state parks and recreation commission shall place a high priority on the establishment of urban area state parks and shall revise its plan for future state parks to achieve this priority. This section shall be implemented by January 1, 1981.
[ 2000 c 11 s 37; 1980 c 89 s 4. Formerly RCW 43.51.385.]

catchline: Establishment of urban area state parks by parks and recreation commission.


title: RCW 79A.05.305

text:
The legislature declares that it is the continuing policy of the state of Washington to set aside and manage certain lands within the state for public park purposes. To comply with public park purposes, these lands shall be acquired and managed to:
(1) Maintain and enhance ecological, aesthetic, and recreational purposes;
(2) Preserve and maintain mature and old-growth forests containing trees of over ninety years and other unusual ecosystems as natural forests or natural areas, which may also be used for interpretive purposes;
(3) Protect cultural and historical resources, locations, and artifacts, which may also be used for interpretive purposes;
(4) Provide a variety of recreational opportunities to the public, including but not limited to use of developed recreation areas, trails, and natural areas;
(5) Preserve and maintain habitat which will protect and promote endangered, threatened, and sensitive plants, endangered, threatened, and sensitive animal species, and habitat beneficial for the feeding, nesting, and reproduction of all pollinators, including honey bees; and
(6) Encourage public participation in the formulation and implementation of park policies and programs.
[ 2019 c 353 s 9; 1984 c 82 s 2. Formerly RCW 43.51.395.]
Notes:
Findings—Intent—2019 c 353: See note following RCW 43.23.300.

catchline: Declaration of policy—Lands for public park purposes.


title: RCW 79A.05.310

text:
The state parks and recreation commission shall:
(1) Coordinate a statewide program of boating safety education using to the maximum extent possible existing programs offered by the United States power squadron and the United States coast guard auxiliary;
(2) Adopt rules in accordance with chapter 34.05 RCW, consistent with United States coast guard regulations, standards, and precedents, as needed for the efficient administration and enforcement of this section;
(3) Enter into agreements aiding the administration of this chapter;
(4) Adopt and administer a casualty and accident reporting program consistent with United States coast guard regulations;
(5) Adopt and enforce recreational boating safety rules, including but not necessarily limited to equipment and navigating requirements, consistent with United States coast guard regulations;
(6) Coordinate with local and state agencies the development of biennial plans and programs for the enhancement of boating safety, safety education, and enforcement of safety rules and laws; allocate money appropriated to the commission for these programs as necessary; and accept and administer any public or private grants or federal funds which are obtained for these purposes under chapter 43.88 RCW; and
(7) Take additional actions necessary to gain acceptance of a program of boating safety for this state under the federal boating safety act of 1971.
[ 1998 c 245 s 66; 1994 c 151 s 3; 1984 c 183 s 4; 1983 2nd ex.s. c 3 s 52. Formerly RCW 43.51.400.]
Notes:
Penalties for violations: RCW 88.02.380.

catchline: Powers and duties—Program of boating safety education—Casualty and accident reporting program.


title: RCW 79A.05.335

text:
The legislature finds that the parks and recreation lands owned and managed by the commission are a significant collection of valuable scenic, natural, cultural, and historical resources for the citizens of Washington state. The legislature further finds that if citizens understand and appreciate the scenic, natural, cultural, and historical resources present in Washington's state parks, they will be inspired to conserve this important legacy for future generations. Therefore, the commission may use its facilities and resources to provide scenic, natural, cultural, or historical resource interpretation throughout the state parks system.
[ 2014 c 86 s 1; 1991 c 107 s 1. Formerly RCW 43.51.415.]

catchline: Authority of commission to use facilities and resources for interpretation.


title: RCW 79A.05.340

text:
The commission may provide scenic, natural, cultural, or historical resource interpretive activities for visitors to state parks that:
(1) Explain the functions, history, significance, and cultural aspects of ecosystems;
(2) Explain the relationship between human needs, human behaviors and attitudes, and the environment;
(3) Explain the diverse human heritage and cultural changes over time in Washington state;
(4) Offer experiences and information to increase citizen understanding, appreciation, and stewardship of their natural, cultural, ethnic, and artistic heritage; and
(5) Explain the need for natural, cultural, and historical resource protection and preservation as well as the methods by which these goals can be achieved.
[ 2014 c 86 s 2; 1991 c 107 s 2. Formerly RCW 43.51.417.]

catchline: Interpretive activities authorized.


title: RCW 79A.05.345

text:
The commission may consult and enter into agreements with and solicit assistance from other public agencies, the state parks foundation, private entities, employee business units, and tribes that are interested in stewarding and interpreting state parks scenic, natural, cultural, and recreational resources.
[ 2014 c 86 s 3; 1991 c 107 s 3. Formerly RCW 43.51.419.]

catchline: Stewarding and interpreting state parks—Commission's authority to consult, enter agreements, and solicit assistance from other organizations.


title: RCW 79A.05.347

text:
(1) When entering into any agreement under RCW 79A.05.345 or otherwise involving the management of state parkland or a facility by a public or private partner, the commission shall consider, when appropriate:
(a) If the entity has an adequate source of available funding to assume the financial responsibilities of the agreement;
(b) If the entity has sufficient expertise to assume the scope of responsibilities of the agreement;
(c) If the agreement results in net financial benefits to the state; and
(d) If the agreement results in advancement of the commission's public purpose.
(2) Any agreement subject to this section must include specific performance measures. The performance measures must cover, but are not limited to, the entity's ability to manage financial operating costs, to adequately perform management responsibilities, and to address and respond to public concerns. The agreement must provide that failure to meet any performance measure may lead to the termination of the contract or requirements for remedial action to be taken before the agreement may be extended.
(3) The commission's authority to enter into agreements under this section, RCW 79A.05.087, or 79A.05.345 does not include the ability to rename any state park after a corporate or commercial entity, product, or service.
[ 2014 c 86 s 5.]

catchline: Agreements under RCW 79A.05.345 or otherwise involving the management of state parkland or a facility—Performance measures.


title: RCW 79A.05.351

text:
(1) The outdoor education and recreation grant program is hereby created, subject to the availability of funds in the outdoor education and recreation account. The commission shall establish and implement the program by rule to provide opportunities for public agencies, private nonprofit organizations, formal school programs, nonformal after-school programs, and community-based programs to receive grants from the account. Programs that provide outdoor education opportunities to schools shall be fully aligned with the state's essential academic learning requirements.
(2) The program shall be phased in beginning with the schools and students with the greatest needs in suburban, rural, and urban areas of the state. The program shall focus on students who qualify for free and reduced-price lunch, who are most likely to fail academically, or who have the greatest potential to drop out of school.
(3) The director shall set priorities and develop criteria for the awarding of grants to outdoor environmental, ecological, agricultural, or other natural resource-based education and recreation programs considering at least the following:
(a) Programs that contribute to the reduction of academic failure and dropout rates;
(b) Programs that make use of research-based, effective environmental, ecological, agricultural, or other natural resource-based education curriculum;
(c) Programs that contribute to healthy life styles through outdoor recreation and sound nutrition;
(d) Various Washington state parks as venues and use of the commission's personnel as a resource;
(e) Programs that maximize the number of participants that can be served;
(f) Programs that will commit matching and in-kind resources;
(g) Programs that create partnerships with public and private entities;
(h) Programs that provide students with opportunities to directly experience and understand nature and the natural world;
(i) Programs that include ongoing program evaluation, assessment, and reporting of their effectiveness; and
(j) Programs that utilize veterans for at least fifty percent of program implementation or administration.
(4) The director shall create an advisory committee to assist and advise the commission in the development and administration of the outdoor education and recreation program. The director should solicit representation on the committee from the office of the superintendent of public instruction, the department of fish and wildlife, the business community, outdoor organizations with an interest in education, and any others the commission deems sufficient to ensure a cross section of stakeholders. When the director creates such an advisory committee, its members shall be reimbursed from the outdoor education and recreation program account for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) The outdoor education and recreation program account is created in the custody of the state treasurer. Funds deposited in the outdoor education and recreation program account shall be transferred only to the commission to be used solely for the commission's outdoor education and recreation program purposes identified in this section including the administration of the program. The director may accept gifts, grants, donations, or moneys from any source for deposit in the outdoor education and recreation program account. Any public agency in this state may develop and implement outdoor education and recreation programs. The director may make grants to public agencies and contract with any public or private agency or person to develop and implement outdoor education and recreation programs. The outdoor education and recreation program account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2015 c 245 s 1; 2007 c 176 s 2.]
Notes:
Intent—2007 c 176: "It is the intent of the legislature to establish an outdoor education and recreation program to provide a large number of underserved students with quality opportunities to directly experience the natural world. It is the intent of the program to improve students' overall academic performance, self-esteem, personal responsibility, community involvement, personal health, and understanding of nature. Further, it is the intent of the program to empower local communities to engage students in outdoor education and recreation experiences." [ 2007 c 176 s 1.]

catchline: Outdoor education and recreation grant program—Creation—Establish and implement program by rule—Advisory committee—Account.


title: RCW 79A.05.355

text:
The state parks and recreation commission shall act as the lead agency for the establishment of underwater parks in state waters and for environmental reviews of projects necessary to establish underwater parks. The commission may enter into interagency agreements to facilitate timely receipt of necessary permits from other state agencies and local governments.
[ 1993 c 267 s 1. Formerly RCW 43.51.430.]

catchline: Underwater parks—Lead agency.


title: RCW 79A.05.360

text:
The commission may establish a system of underwater parks to provide for diverse recreational diving opportunities and to conserve and protect unique marine resources of the state of Washington. In establishing and maintaining an underwater park system, the commission may:
(1) Plan, construct, and maintain underwater parks;
(2) Acquire property and enter management agreements with other units of state government for the management of lands, tidelands, and bedlands as underwater parks;
(3) Construct artificial reefs and other underwater features to enhance marine life and recreational uses of an underwater park;
(4) Accept gifts and donations for the benefit of underwater parks;
(5) Facilitate private efforts to construct artificial reefs and underwater parks;
(6) Work with the federal government, local governments and other appropriate agencies of state government, including but not limited to: The department of natural resources, the department of fish and wildlife and the natural heritage council to carry out the purposes of this chapter; and
(7) Contract with other state agencies or local governments for the management of an underwater park unit.
[ 1999 c 249 s 1301; 1994 c 264 s 20; 1993 c 267 s 2. Formerly RCW 43.51.432.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Underwater parks—Authority to establish—Powers and duties.


title: RCW 79A.05.370

text:
In establishing an underwater park system, the commission shall seek to create diverse recreational opportunities in areas throughout Washington state. The commission shall place a high priority upon creating units that possess unique or diverse marine life or underwater natural or artificial features such as shipwrecks.
[ 1993 c 267 s 4. Formerly RCW 43.51.436.]

catchline: Underwater parks—Diverse recreational opportunity.


title: RCW 79A.05.375

text:
The commission is not liable for unintentional injuries to users of underwater parks, whether the facilities are administered by the commission or by another entity or person. However, nothing in this section prevents the liability of the commission for injuries sustained by a user by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted.
[ 1993 c 267 s 5. Formerly RCW 43.51.438.]

catchline: Underwater parks—Liability.


title: RCW 79A.05.380

text:
The legislature recognizes the increase in water-oriented recreation by users of human and wind-powered, beachable vessels such as kayaks, canoes, or day sailors on Washington's waters. These recreationists frequently require overnight camping facilities along the shores of public or private beaches. The legislature now creates a water trail recreation program, to be administered by the Washington state parks and recreation commission. The legislature recognizes that the effort to develop water trail sites is a continuing need and that the commission provides beneficial expertise and consultation to water trail user groups, agencies, and private landowners for the existing Cascadia marine trail and Willapa Bay water trail.
[ 2003 c 338 s 1; 1993 c 182 s 1. Formerly RCW 43.51.440.]

catchline: Water trail recreation program—Created.


title: RCW 79A.05.385

text:
In addition to its other powers, duties, and functions, the commission may:
(1) Plan, construct, and maintain suitable facilities for water trail activities on lands administered or acquired by the commission or as authorized on lands administered by tribes or other public agencies or private landowners by agreement.
(2) Compile, publish, distribute, and charge a fee for maps or other forms of public information indicating areas and facilities suitable for water trail activities.
(3) Contract with a public agency, private entity, or person for the actual conduct of these duties.
(4) Work with individuals or organizations who wish to volunteer their time to support the water trail recreation program.
(5) Provide expertise and consultation to individuals, agencies, and organizations in the continued development of water trail sites in this state.
[ 2003 c 338 s 2; 2003 c 126 s 601; 1993 c 182 s 2. Formerly RCW 43.51.442.]
Notes:
Reviser's note: This section was amended by 2003 c 126 s 601 and by 2003 c 338 s 2, 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).
Part headings not law—2003 c 126: "Part headings used in this act are not any part of the law." [ 2003 c 126 s 1001.]
Effective date—2003 c 126: "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, 2003." [ 2003 c 126 s 1003.]

catchline: Water trail recreation program—Powers and duties.


title: RCW 79A.05.390

text:
The commission may make water trail program grants to public agencies or tribal governments and may contract with any public agency, tribal government, entity, or person to develop and implement water trail programs.
[ 1993 c 182 s 3. Formerly RCW 43.51.444.]

catchline: Water trail recreation program—Grants.


title: RCW 79A.05.395

text:
The commission is not liable for unintentional injuries to users of facilities administered for water trail purposes under this chapter, whether the facilities are administered by the commission or by any other entity or person. However, nothing in this section prevents the liability of the commission for injuries sustained by a user by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted.
[ 1993 c 182 s 4. Formerly RCW 43.51.446.]

catchline: Water trail recreation program—Liability.


title: RCW 79A.05.410

text:
The commission may adopt rules to administer the water trail program and facilities on areas owned or administered by the commission. Where water trail facilities administered by other public or private entities are incorporated into the water trail system, the rules adopted by those entities shall prevail. The commission is not responsible or liable for enforcement of these alternative rules.
[ 2003 c 338 s 3; 2003 c 126 s 603; 1993 c 182 s 7. Formerly RCW 43.51.452.]
Notes:
Part headings not law—Effective date—2003 c 126: See notes following RCW 79A.05.385.

catchline: Water trail recreation program—Rules.


title: RCW 79A.05.415

text:
Violation of the provisions of the commission's rules governing the use of water trail facilities and property shall constitute a civil infraction, punishable as provided under chapter 7.84 RCW.
[ 1993 c 182 s 8. Formerly RCW 43.51.454.]

catchline: Water trail recreation program—Violation.


title: RCW 79A.05.425

text:
Any unspent balance of funds in the water trail program account created in *RCW 79A.05.405 as of June 30, 2003, must be transferred to the state parks renewal and stewardship account created in RCW 79A.05.215. All receipts from sales of materials under RCW 79A.05.385 and all monetary civil penalties collected under RCW 79A.05.415 must be deposited in the state parks renewal and stewardship account. Any gifts, grants, donations, or moneys from any source received by the commission for the water trail program must also be deposited in the state parks renewal and stewardship account. Funds transferred or deposited into the state parks renewal and stewardship account under this section must be used solely for water trail program purposes.
[ 2003 c 338 s 4.]
Notes:
*Reviser's note: RCW 79A.05.405 was repealed by 2003 c 338 s 5.

catchline: Water trail recreation program—Disposition of funds.


title: RCW 79A.05.545

text:
The commission shall cooperate, when appropriate, as a partner in the Washington conservation corps established in chapter 43.220 RCW.
[ 2011 c 20 s 14; 1999 c 249 s 701.]
Notes:
Findings—Intent—2011 c 20: See note following RCW 43.220.020.
Intent—Application—2011 c 20: See RCW 43.220.905.
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Washington conservation corps.


title: RCW 79A.05.600

text:
The beaches bounding the Pacific Ocean from the Straits of Juan de Fuca to Cape Disappointment at the mouth of the Columbia River constitute some of the last unspoiled seashore remaining in the United States. They provide the public with almost unlimited opportunities for recreational activities, like swimming, surfing and hiking; for outdoor sports, like hunting, fishing, clamming, and boating; for the observation of nature as it existed for hundreds of years before the arrival of Europeans; and for relaxation away from the pressures and tensions of modern life. In past years, these recreational activities have been enjoyed by countless Washington citizens, as well as by tourists from other states and countries. The number of people wishing to participate in such recreational activities grows annually. This increasing public pressure makes it necessary that the state dedicate the use of the ocean beaches to public recreation and to provide certain recreational and sanitary facilities. Nonrecreational use of the beach must be strictly limited. Even recreational uses must be regulated in order that Washington's unrivaled seashore may be saved for our children in much the same form as we know it today.
[ 2009 c 549 s 1029; 1967 c 120 s 1. Formerly RCW 43.51.650.]
Notes:
Repeal and savings—1967 c 120: "Chapter 78, Laws of 1929 (uncodified) is hereby repealed: PROVIDED, That the title of anyone who has purchased property under this act shall not be affected." [ 1967 c 120 s 10.]

catchline: Declaration of principles.


title: RCW 79A.05.605

text:
There is established for the recreational use and enjoyment of the public the Washington State Seashore Conservation Area. It shall include all lands now or hereafter under state ownership or control lying between Cape Disappointment and Leadbetter Point; between Toke Point and the South jetty on Point Chehalis; and between Damon Point and the Makah Indian Reservation and occupying the area between the line of ordinary high tide and the line of extreme low tide, as these lines now are or may hereafter be located, and, where applicable, between the Seashore Conservation Line, as established by survey of the Washington state parks and recreation commission and the line of extreme low tide, as these lines now are or may hereafter be located; and shall also include all state-owned nontrust accreted lands along the ocean: PROVIDED, That no such conservation area shall include any lands within the established boundaries of any Indian reservation.
[ 1969 ex.s. c 55 s 1; 1967 c 120 s 2. Formerly RCW 43.51.655.]
Notes:
Construction—1969 ex.s. c 55: "No provision of this 1969 amendatory act shall be construed as affecting any private or public property rights." [ 1969 ex.s. c 55 s 8.]

catchline: Seashore conservation area—Established.


title: RCW 79A.05.610

text:
Except as otherwise provided in RCW 79A.05.600 through 79A.05.630, the Washington State Seashore Conservation Area shall be under the jurisdiction of the Washington state parks and recreation commission, which shall administer RCW 79A.05.600 through 79A.05.630 in accordance with the powers granted it herein and under the appropriate provisions of this chapter.
[ 2000 c 11 s 46; 1969 ex.s. c 55 s 2; 1967 c 120 s 3. Formerly RCW 43.51.660.]
Notes:
Construction—1969 ex.s. c 55: See note following RCW 79A.05.605.

catchline: Jurisdiction over and administration of area.


title: RCW 79A.05.615

text:
The Washington state parks and recreation commission shall administer the Washington State Seashore Conservation Area in harmony with the broad principles set forth in RCW 79A.05.600. Where feasible, the area shall be preserved in its present state; everywhere it shall be maintained in the best possible condition for public use. All forms of public outdoor recreation shall be permitted and encouraged in the area, unless specifically excluded or limited by the commission. While the primary purpose in the establishment of the area is to preserve the coastal beaches for public recreation, other uses shall be allowed as provided in RCW 79A.05.600 through 79A.05.630, or when found not inconsistent with public recreational use by the Washington state parks and recreation commission.
[ 2000 c 11 s 47; 1969 ex.s. c 55 s 3; 1967 c 120 s 4. Formerly RCW 43.51.665.]
Notes:
Construction—1969 ex.s. c 55: See note following RCW 79A.05.605.

catchline: Principles and purposes to be followed in administering area.


title: RCW 79A.05.620

text:
In administering the Washington State Seashore Conservation Area, the Washington state parks and recreation commission shall seek the cooperation and assistance of federal agencies, other state agencies, and local political subdivisions. All state agencies, and the governing officials of each local subdivision shall cooperate with the commission in carrying out its duties. Except as otherwise provided in RCW 79A.05.600 through 79A.05.630, and notwithstanding any other provision of law, other state agencies and local subdivisions shall perform duties in the Washington State Seashore Conservation Area which are within their normal jurisdiction, except when such performance clearly conflicts with the purposes of RCW 79A.05.600 through 79A.05.630.
[ 2000 c 11 s 48; 1969 ex.s. c 55 s 4; 1967 c 120 s 5. Formerly RCW 43.51.670.]
Notes:
Construction—1969 ex.s. c 55: See note following RCW 79A.05.605.

catchline: Cooperation and assistance of federal, state, and local agencies.


title: RCW 79A.05.625

text:
Nothing in RCW 79A.05.600 through 79A.05.630 and 79A.05.635 through 79A.05.695 shall be construed to interfere with the powers, duties and authority of the department of fish and wildlife to regulate the conservation or taking of food fish and shellfish. Nor shall anything in RCW 79A.05.600 through 79A.05.630 and 79A.05.635 through 79A.05.695 be construed to interfere with the powers, duties and authority of the department of fish and wildlife to regulate, manage, conserve, and provide for the harvest of wildlife within such area: PROVIDED, HOWEVER, That no hunting shall be permitted in any state park.
[ 2000 c 11 s 49; 1994 c 264 s 22; 1988 c 75 s 17; 1987 c 506 s 92; 1983 c 3 s 109; 1969 ex.s. c 55 s 5; 1967 c 120 s 6. Formerly RCW 43.51.675.]
Notes:
Effective date—1988 c 75: See note following RCW 79A.05.635.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Construction—1969 ex.s. c 55: See note following RCW 79A.05.605.

catchline: Powers and authority of department of fish and wildlife not interfered with.


title: RCW 79A.05.630

text:
Lands within the Seashore Conservation Area shall not be sold, leased, or otherwise disposed of, except as provided in this section.
(1) The commission may, under authority granted in RCW 79A.05.175 and 79A.05.180, exchange state parklands in the Seashore Conservation Area for lands of equal value to be managed by the commission consistent with this chapter. Only state parklands lying east of the Seashore Conservation Line, as it is located at the time of exchange, may be so exchanged.
(2) The commission may, under authority granted in RCW 79A.05.178, directly dispose of up to five contiguous acres of real property, without public auction, to resolve trespass, property ownership disputes, and boundary adjustments with adjacent property owners. Real property to be disposed of under this subsection may be disposed of only after appraisal and for at least fair market value, and only if the transaction is in the best interest of the state. All conveyance documents shall be executed by the governor. All proceeds from the disposal of the property shall be paid into the parkland acquisition account and proceeds received pursuant to any sale under this subsection shall be reinvested in real property located inside or within one mile of the Seashore Conservation Area.
(3) The department of natural resources may lease the lands within the Washington State Seashore Conservation Area as well as the accreted lands along the ocean in state ownership for the exploration and production of oil and gas except that oil drilling rigs and equipment shall not be placed on the Seashore Conservation Area or state-owned accreted lands.
Sale of sand from accretions shall be made to supply the needs of cranberry growers for cranberry bogs in the vicinity and shall not be prohibited if found by the commission to be reasonable, and not generally harmful or destructive to the character of the land. The commission may grant leases and permits for the removal of sands for construction purposes from any lands within the Seashore Conservation Area if found by the commission to be reasonable and not generally harmful or destructive to the character of the land. Net income from such leases shall be deposited in the state parks renewal and stewardship account.
[ 2011 c 184 s 1; 2000 c 11 s 50; (2003 1st sp.s. c 26 s 929 expired June 30, 2005); 1997 c 137 s 4; 1995 c 203 s 1; 1988 c 75 s 18; 1969 ex.s. c 55 s 6; 1967 c 120 s 8. Formerly RCW 43.51.685.]
Notes:
Expiration date—Effective dates—2003 1st sp.s. c 26: See notes following RCW 43.88.032.
Effective date—1997 c 137: See note following RCW 79A.05.055.
Effective date—1995 c 203: "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 immediately [May 1, 1995]." [ 1995 c 203 s 2.]
Effective date—1988 c 75: See note following RCW 79A.05.635.
Construction—1969 ex.s. c 55: See note following RCW 79A.05.605.

catchline: Sale, lease, and disposal of lands within the Seashore Conservation Area—Disposal of certain lands.


title: RCW 79A.05.635

text:
A cooperative program to provide recreation management plans for the ocean beaches that comprise the Seashore Conservation Area established by RCW 79A.05.605 is created.
[ 2000 c 11 s 51; 1988 c 75 s 1. Formerly RCW 43.51.695.]
Notes:
Effective date—1988 c 75: "This act shall take effect January 1, 1989." [ 1988 c 75 s 20.]

catchline: Ocean beach recreation management plans—Cooperative program.


title: RCW 79A.05.640

text:
Unless the context clearly requires otherwise, the definitions in this section apply to RCW 79A.05.600 through 79A.05.695.
(1) "Local government" means a county, city, or town.
(2) "Ocean beaches" include the three ocean beaches described in RCW 79A.05.605.
(3) "Pedestrian use" means any use that does not involve a motorized vehicle.
[ 2000 c 11 s 52; 1988 c 75 s 2. Formerly RCW 43.51.700.]
Notes:
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Definitions.


title: RCW 79A.05.645

text:
Local governments having a portion of the Seashore Conservation Area within their boundaries may, individually or through an agreement with other local governments located on the same ocean beach, adopt a recreation management plan which meets the requirements of RCW 79A.05.600 through 79A.05.695 for that portion of the ocean beach. The legislature hereby encourages adoption of a single plan for each beach.
[ 2000 c 11 s 53; 1988 c 75 s 3. Formerly RCW 43.51.705.]
Notes:
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Local recreation management plans.


title: RCW 79A.05.650

text:
(1) Except as provided in RCW 79A.05.655 and 79A.05.660, a total of forty percent of the length of the beach subject to the recreation management plan shall be reserved for pedestrian use under this section and RCW 79A.05.665. Restrictions on motorized traffic under this section shall be from April 15th to the day following Labor day of each year. Local jurisdictions may adopt provisions within recreation management plans that exceed the requirements of this section. The commission shall not require that a plan designate for pedestrian use more than forty percent of the land subject to the plan.
(2) In designating areas to be reserved for pedestrian use, the plan shall consider the following:
(a) Public safety;
(b) Statewide interest in recreational use of the ocean beaches;
(c) Protection of shorebird and marine mammal habitats;
(d) Preservation of native beach vegetation;
(e) Protection of sand dune topography;
(f) Prudent management of clam beds;
(g) Economic impacts to the local community; and
(h) Public access and parking availability.
[ 2000 c 11 s 54; 1988 c 75 s 4. Formerly RCW 43.51.710.]
Notes:
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Reservation for pedestrian use—Restrictions on motorized traffic.


title: RCW 79A.05.655

text:
Notwithstanding RCW 79A.05.650(1), recreation management plans may make provision for vehicular traffic on areas otherwise reserved for pedestrian use in order to:
(1) Facilitate clam digging;
(2) Accommodate organized recreational events of not more than seven consecutive days duration;
(3) Provide for removal of wood debris under RCW 4.24.210 and 79A.05.035(5); and
(4) Accommodate removal of sand located upland from the Seashore Conservation Area or removal of sand within the Seashore Conservation Area under the terms of a covenant, easement, or deed.
[ 2000 c 11 s 55; 1988 c 75 s 5. Formerly RCW 43.51.715.]
Notes:
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Areas reserved for pedestrian use—Exception.


title: RCW 79A.05.660

text:
Recreation management plans shall not prohibit or restrict public vehicles operated in the performance of official duties, vehicles responding to an emergency, or vehicles specially authorized by the director or the director's designee.
[ 1999 c 249 s 1101; 1988 c 75 s 6. Formerly RCW 43.51.720.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Public vehicles.


title: RCW 79A.05.665

text:
Recreation management plans shall, upon request of the commission, reserve on a permanent, seasonal, or temporary basis, land adjoining national wildlife refuges and state parks for pedestrian use. After a plan is approved, the commission may require local jurisdictions to adopt amendments to the plan governing driving on land adjoining wildlife refuges and state parks. Land reserved for pedestrian use under this section for at least the period from April 15th through the day following Labor Day of each year shall be included when determining compliance with the requirements of RCW 79A.05.650.
[ 2000 c 11 s 56; 1988 c 75 s 7. Formerly RCW 43.51.725.]
Notes:
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Land adjoining national wildlife refuges and state parks—Pedestrian use—Exception.


title: RCW 79A.05.670

text:
In preparing, adopting, or approving a recreation management plan, local jurisdictions and the commission shall consult with the department of fish and wildlife and the United States fish and wildlife service.
[ 1999 c 249 s 1102; 1988 c 75 s 8. Formerly RCW 43.51.730.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Consultation with government agencies required.


title: RCW 79A.05.675

text:
Recreation management plans shall comply with all applicable federal and state laws.
[ 1988 c 75 s 9. Formerly RCW 43.51.735.]
Notes:
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Compliance with federal and state laws required.


title: RCW 79A.05.680

text:
Before adopting a recreation management plan, or amendments to an existing plan, local jurisdictions shall conduct a public hearing. Notice of the hearing shall be published in a newspaper of general circulation in each jurisdiction adopting the plan as well as in a newspaper of general statewide circulation on at least two occasions not less than fourteen days before the first day of the hearing. When a proposed recreation management plan has been prepared by more than one jurisdiction, joint hearings may be conducted.
[ 1988 c 75 s 10. Formerly RCW 43.51.740.]
Notes:
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Hearings.


title: RCW 79A.05.685

text:
Recreation management plans shall be adopted by each participating jurisdiction and submitted to the commission by September 1, 1989. The commission shall approve the proposed plan if, in the commission's judgment, the plan adequately fulfills the requirements of RCW 79A.05.600 through 79A.05.695.
If the proposed plan is not approved, the commission shall suggest modifications to the participating local governments. Local governments shall have ninety days after receiving the suggested modifications to resubmit a recreation management plan. Thereafter, if the commission finds that a plan does not adequately fulfill the requirements of RCW 79A.05.600 through 79A.05.695, the commission may amend the proposal or adopt an alternative plan.
If a plan for all or any portion of the Seashore Conservation Area is not submitted in accordance with RCW 79A.05.635 through 79A.05.695, the commission shall adopt a recreation management plan for that site.
Administrative rules adopted by the commission under *RCW 43.51.680 shall remain in effect for all or any portion of each ocean beach until a recreation management plan for that site is adopted or approved by the commission.
The commission shall not adopt a recreation management plan for all or any portion of an ocean beach while appeal of a commission decision regarding that site is pending.
[ 2000 c 11 s 57; 1988 c 75 s 11. Formerly RCW 43.51.745.]
Notes:
*Reviser's note: RCW 43.51.680 was repealed by 1988 c 75 s 19, effective January 1, 1989.
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Adoption of plans—Approval—Procedure.


title: RCW 79A.05.688

text:
Any individual, partnership, corporation, association, organization, cooperative, local government, or state agency aggrieved by a decision of the commission under this chapter may appeal under chapter 34.05 RCW.
[ 1999 c 249 s 1103; 1988 c 75 s 12. Formerly RCW 43.51.750.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Appeal.


title: RCW 79A.05.690

text:
The commission shall cooperate with state and local law enforcement agencies in meeting the need for law enforcement within the Seashore Conservation Area.
[ 1988 c 75 s 13. Formerly RCW 43.51.755.]
Notes:
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Cooperation for law enforcement.


title: RCW 79A.05.693

text:
The ocean beaches within the Seashore Conservation Area are hereby declared a public highway and shall remain forever open to the use of the public as provided in RCW 79A.05.635 through 79A.05.695.
[ 2000 c 11 s 58; 1988 c 75 s 14. Formerly RCW 43.51.760.]
Notes:
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Ocean beaches in Seashore Conservation Area declared public highways.


title: RCW 79A.05.695

text:
Amendments to the recreation management plan may be adopted jointly by each local government participating in the plan and submitted to the commission for approval. The commission shall approve a proposed amendment if, in the commission's judgment, the amendment adequately fulfills the requirements of RCW 79A.05.600 through 79A.05.695.
After a plan is approved, the commission may require local jurisdictions to adopt amendments to the plan if the commission finds that such amendments are necessary to protect public health and safety, or to protect significant natural resources as determined by the agency having jurisdiction over the resource.
[ 2000 c 11 s 59; 1988 c 75 s 15. Formerly RCW 43.51.765.]
Notes:
Effective date—1988 c 75: See note following RCW 79A.05.635.

catchline: Amendments to plan—Approval—Procedure.


title: RCW 79A.05.700

text:
The Green River Gorge, between the town of Kanasket and the Kummer bridge in King county, is a twelve mile spectacularly winding gorge with steep to overhanging rock walls reaching heights of from one hundred fifty to three hundred feet. The beauty and natural features of the gorge are generally confined within the canyon rim. This twelve mile gorge area contains many examples of unique biological and geological features for educational and recreational interpretation, almost two miles of Eocene sediment rocks and fossils are exposed revealing one of the most complete stratographic sections to be found in the region. The area, a unique recreational attraction with more than one million seven hundred thousand people living within an hour's driving time, is presently used by hikers, geologists, fishers, kayakers and canoeists, picnickers and swimmers, and those seeking the solitude offered by this unique area. Abutting and adjacent landowners generally have kept the gorge lands in their natural state; however, economic and urbanization pressures for development are rapidly increasing. Local and state outdoor recreation plans show a regional need for resources and facilities which could be developed in this area. A twelve-mile strip incorporating the visual basins of the Green river from the Kummer bridge to Palmer needs to be acquired and developed as a conservation area to preserve this unique area for the recreational needs of the region.
[ 2013 c 23 s 267; 1969 ex.s. c 162 s 1. Formerly RCW 43.51.900.]

catchline: Declaration.


title: RCW 79A.05.705

text:
There is hereby created a Washington state parks and recreation commission conservation area to be known as "Green River Gorge conservation area".
[ 1969 ex.s. c 162 s 2. Formerly RCW 43.51.910.]

catchline: Green River Gorge conservation area created.


title: RCW 79A.05.710

text:
In addition to all other powers and duties prescribed by law, the state parks and recreation commission is authorized and directed to acquire such real property, easements, or rights in the Green River Gorge in King county, together with such real property, easements, and rights as is necessary for such park and conservation purposes in any manner authorized by law for the acquisition of lands for parks and parkway purposes. Except for such real property as is necessary and convenient for development of picnicking or camping areas and their related facilities, it is the intent of this section that such property shall be acquired to preserve, as much as possible, the gorge within the canyon rim in its natural pristine state.
[ 1969 ex.s. c 162 s 3. Formerly RCW 43.51.920.]

catchline: Acquisition of real property, easements, or rights authorized.


title: RCW 79A.05.715

text:
Nothing herein shall be construed as authorizing or directing the state parks and recreation commission to acquire any real property, easements, or rights in the Green River Gorge in King county which are now held by any state agency for the purposes of outdoor recreation, conservation, fish, or wildlife management or public hunting or fishing without the approval of such agency.
[ 1969 ex.s. c 162 s 4. Formerly RCW 43.51.930.]

catchline: Acquisition of real property, easements, or rights authorized—Rights of other state agencies not to be infringed upon.


title: RCW 79A.05.725

text:
Mt. Si and Little Si in King county offer unique scenic, natural, and geological features which can be viewed from the I-90 highway. They also afford outstanding recreational opportunities enjoyed by the citizens of this state and tourists alike. The legislature recognizes the importance of guarding portions of this area from those types of development which would permanently alter the area's natural form and beauty. It further recognizes the necessity of setting forth procedures to manage the area, to enhance the opportunities afforded the state's citizens, one-half of whom live within one-half hour driving time of Mt. Si, and to safeguard to the extent possible the scenic, natural, geological, game habitat, and recreational values therein, and to safeguard and promote the upper Snoqualmie River valley's economy in which the recreational use of Mt. Si plays a pivotal role. Therefore, the legislature declares this area to be of statewide significance for the foregoing purposes to be enhanced and safeguarded in accordance with the procedures set forth in chapter 306, Laws of 1977 ex. sess.
[ 1977 ex.s. c 306 s 1; 1975-'76 2nd ex.s. c 88 s 1. Formerly RCW 43.51.940.]

catchline: Legislative declaration.


title: RCW 79A.05.730

text:
There is hereby created a "Mt. Si conservation area" to include approximately twenty-five hundred acres of state, United States government, and privately owned lands within Sections 25, 26, 35, and 36, Township 24 North, Range 8 East, W.M., and Sections 2, 3, 10, 11, and 12 of Township 23 North, Range 8 East, W.M., as identified for inclusion in the conservation area and described more specifically by the Mt. Si citizen advisory subcommittee in their published report of December 6, 1976, to the Washington state department of natural resources and the Washington state parks and recreation commission as contained in the report filed by those agencies to the house and senate committees on parks and recreation, filed December 1976.
[ 1977 ex.s. c 306 s 2. Formerly RCW 43.51.942.]
Notes:
Designation of Mt. Si conservation area as Mt. Si natural resources conservation area: RCW 79.71.100.

catchline: "Mt. Si conservation area"—Created.


title: RCW 79A.05.735

text:
The state department of natural resources and the state parks and recreation commission have joined together in excellent cooperation in the conducting of this study along with the citizen advisory subcommittee and have joined together in cooperation with the department of fish and wildlife to accomplish other projects of multidisciplinary concern, and because it may be in the best interests of the state to continue such cooperation, the state parks and recreation commission, the department of natural resources, and the department of fish and wildlife are hereby directed to consider both short and long term objectives, the expertise of each agency's staff, and alternatives such as reasonably may be expected to safeguard the conservation area's values as described in RCW 79A.05.725 giving due regard to efficiency and economy of management: PROVIDED, That the interests conveyed to or by the state agencies identified in this section shall be managed by the department of natural resources until such time as the state parks and recreation commission or other public agency is managing public recreation areas and facilities located in such close proximity to the conservation area described in RCW 79A.05.730 so as to make combined management of those areas and facilities and transfer of management of the conservation area more efficient and economical than continued management by the department of natural resources. At that time the department of natural resources is directed to negotiate with the appropriate public agency for the transfer of those management responsibilities for the interests obtained within the conservation area under RCW 79A.05.725 through 79A.05.745: PROVIDED FURTHER, That the state agencies identified in this section may, by mutual agreement, undertake management of portions of the conservation area as they may from time to time determine in accordance with those rules and regulations established for natural area preserves under chapter 79.70 RCW, for natural and conservation areas under present WAC 352-16-020(3) and (6), and under chapter 77.12 RCW.
[ 2000 c 11 s 60; 1994 c 264 s 23; 1988 c 36 s 17; 1977 ex.s. c 306 s 3. Formerly RCW 43.51.943.]

catchline: Mt. Si conservation area—Management.


title: RCW 79A.05.740

text:
The full market value for department of natural resources' managed trust lands or interest therein within the conservation area shall be determined by the department of natural resources for any lands or interests to be dedicated or leased as provided herein. The department of natural resources shall determine the value of dedicating such lands or interests in lands as it may determine to be necessary to carry out the purposes of chapter 306, Laws of 1977 ex. sess. either by execution of fifty-five year scenic or development easements or by execution of fifty-five year leases, including such conditions as may be necessary to carry out the purposes of chapter 306, Laws of 1977 ex. sess. Any lease issued pursuant to chapter 306, Laws of 1977 ex. sess. may be subject to renewal under the provisions of *RCW 79.01.276 as presently existing or hereafter amended. Nothing in chapter 306, Laws of 1977 ex. sess. shall be deemed to alter or affect normal management on lands owned by the state for which no dedication by easement or lease has been made and it is further recognized that no restrictions on management of such lands shall be required unless the applicable trust relating to such lands shall have been compensated.
[ 1998 c 245 s 67; 1977 ex.s. c 306 s 4. Formerly RCW 43.51.944.]
Notes:
*Reviser's note: RCW 79.01.276 was repealed by 1979 ex.s. c 109 s 23.

catchline: Mt. Si conservation area—Valuation of included lands.


title: RCW 79A.05.745

text:
No property or interest in property shall be acquired for the purpose of chapter 306, Laws of 1977 ex. sess. by the exercise of the power of eminent domain.
[ 1977 ex.s. c 306 s 6. Formerly RCW 43.51.945.]

catchline: Eminent domain—Use prohibited.


title: RCW 79A.05.750

text:
It is the intent of RCW 79A.05.750 through 79A.05.795 to establish and recognize the Yakima river corridor from Selah Gap (Yakima Ridge) to Union Gap (Rattlesnake Hills) as a uniquely valuable recreation, conservation, and scenic resource in the state of Washington.
[ 2000 c 11 s 61; 1977 ex.s. c 75 s 1. Formerly RCW 43.51.946.]


title: RCW 79A.05.755

text:
There is hereby created an area to be known as the "Washington State Yakima river conservation area". This area designation may be used as a common reference by all state and local agencies, municipalities, and federal agencies.
[ 1977 ex.s. c 75 s 3. Formerly RCW 43.51.947.]

catchline: "Washington State Yakima river conservation area"—Created.


title: RCW 79A.05.760

text:
For the purposes of RCW 79A.05.750 through 79A.05.795, the Yakima river conservation area is to contain no more than the area delineated in appendix D on pages D-3, D-4, D-6, D-7, D-9, and D-10 of the report entitled "The Yakima River Regional Greenway" which resulted from the Yakima river study authorized in section 170, chapter 269, Laws of 1975, first extraordinary session. This area is also defined as sections 12 and 17, township 13 north, range 18 east totaling approximately 18.0 acres, sections 7, 17, 18, 20, 21, 28, 29, 32, 33, township 13 north, range 19 east totaling approximately 936.0 acres, and sections 4, 5, 8, 9, 17, township 12 north, range 19 east totaling approximately 793.7 acres.
[ 1999 c 249 s 1001; 1977 ex.s. c 75 s 2. Formerly RCW 43.51.948.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Yakima river conservation area—Size prescribed.


title: RCW 79A.05.765

text:
The Yakima county commissioners are authorized to coordinate the acquisition, development, and operation of the Yakima river conservation area in accordance with the purposes of RCW 79A.05.750 through 79A.05.795 and in cooperation with public parks, conservation and resource managing agencies.
[ 2000 c 11 s 62; 1977 ex.s. c 75 s 4. Formerly RCW 43.51.949.]

catchline: Yakima river conservation area—Authority of Yakima county commissioners.


title: RCW 79A.05.770

text:
The Yakima county commissioners are authorized to acquire such real property, easements or rights in river-related lands in the Yakima river conservation area, together with such real property, easements, and rights as are necessary for such conservation and parks purposes in any manner authorized by law for the acquisition of lands for conservation, parks and parkway purposes: PROVIDED, That only the Yakima county commissioners shall have the power of eminent domain for the purposes of this chapter.
[ 1977 ex.s. c 75 s 5. Formerly RCW 43.51.950.]

catchline: Yakima river conservation area—Land acquisition.


title: RCW 79A.05.775

text:
Except for such property as is necessary or suitable for the development of recreational areas and their related facilities, it is the intent of this section that such property shall be acquired to preserve, as much as possible, the river wetlands in their natural state.
[ 1977 ex.s. c 75 s 6. Formerly RCW 43.51.951.]

catchline: Intent to preserve river wetlands in their natural state.


title: RCW 79A.05.780

text:
The Washington state parks and recreation commission is directed to consult with the Yakima county commissioners in the acquisition, development, and operation of the Yakima river conservation area in accordance with the purposes of RCW 79A.05.750 through 79A.05.795 and the Yakima river study authorized in section 170, chapter 269, Laws of 1975, first extraordinary session.
[ 2000 c 11 s 63; 1977 ex.s. c 75 s 7. Formerly RCW 43.51.952.]

catchline: Yakima river conservation area—Consultation between commission and Yakima county commissioners.


title: RCW 79A.05.785

text:
The recreation and conservation funding board is directed to assist the Yakima county commissioners in obtaining state, federal, and private funding for the acquisition, development, and operation of the Yakima river conservation area.
[ 2007 c 241 s 25; 1977 ex.s. c 75 s 8. Formerly RCW 43.51.953.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Yakima river conservation area—Recreation and conservation funding board directed to assist Yakima county commissioners.


title: RCW 79A.05.790

text:
Nothing herein shall be construed as affecting nor being in conflict with existing county or city zoning and/or permitted land uses and the right to develop, build or expand existing uses in accordance with the said zoning or permitted land uses within the Yakima river conservation area.
[ 1977 ex.s. c 75 s 9. Formerly RCW 43.51.954.]

catchline: County or city zoning and/or permitted land uses not affected.


title: RCW 79A.05.793

text:
Nothing in RCW 79A.05.750 through 79A.05.795 shall be construed to interfere with the powers, duties, and authority of the state department of fish and wildlife or the state fish and wildlife commission to regulate, manage, conserve, and provide for the harvest of wildlife within such area: PROVIDED, HOWEVER, That no hunting shall be permitted in any state park.
[ 2000 c 11 s 64; 1993 sp.s. c 2 s 19; 1987 c 506 s 93; 1977 ex.s. c 75 s 10. Formerly RCW 43.51.955.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.

catchline: Department of fish and wildlife, fish and wildlife commission—Powers, duties, and authority—No hunting in any state park.


title: RCW 79A.05.795

text:
Nothing herein shall be construed as authorizing or directing the Yakima county commissioners to acquire any real property, easements, or rights in the Yakima river conservation area which are now held by any other agency without the approval of that agency.
[ 1977 ex.s. c 75 s 11. Formerly RCW 43.51.956.]

catchline: Acquisition of real property, etc., of another agency by Yakima county commissioners—Agency approval required.


title: RCW 79A.05.800

text:
(1) In addition to its other powers, duties, and functions, the commission must establish a scenic bikeways program for the designation and promotion of bicycle routes of notable scenic, recreational, cultural, or historic value.
(2)(a) Any person may propose the designation of a scenic bikeway route by the commission. Prior to the designation of a scenic bike [bikeway] route by the commission, the commission must provide an opportunity for public comment.
(b) When proposing routes for commission approval, proponents are encouraged to:
(i) Consider the criteria under this section by which the commission will review and approve scenic bikeway designations, including the criteria specified in subsections (4) and (6) of this section; and
(ii) Locate routes in such a way as to encourage local economic development in proximity to designated scenic bikeways, including opportunities for bicycle repairs, food, lodging, camping, recreation, and other tourist activities.
(3)(a) Scenic bikeways may be comprised of bicycle paths, multiple-use trails, highways, or trail facilities managed by the commission.
(b)(i) Scenic bikeways may be located over public lands with the consent of each federal, state, or local governmental entity that has jurisdiction over the public lands or through which a proposed route passes.
(ii) Scenic bikeways may be located over privately owned lands with the consent of the private landowner.
(4) Prior to designating a scenic bikeway, the commission must review the proposed designation in consultation with the department of transportation and confirm the designated bicycle route:
(a) Is of notable scenic, recreational, cultural, or historic value, or some combination thereof;
(b) Is consented to as required under subsection (3) of this section; and
(c) To the extent feasible and consistent with the goals of this section:
(i) Is not located on heavily trafficked roads when less-trafficked roads are available as a suitable alternative;
(ii) Is not located on highways without shoulders or bike lanes when highways with shoulders or bike lanes are available as a suitable alternative;
(iii) Avoids complex intersections or other locations that would reduce the ease of use of the scenic bikeway by users;
(iv) Is colocated with locally developed bicycle-supportive infrastructure, including bike lanes, multiuse trails, greenways, or other designated bicycle routes; and
(v) Is designed to minimize adverse effects on adjacent landowners.
(5) Prior to designating a scenic bikeway, the commission must consult with a local government legislative authority if the scenic bikeway will be located within the local government's jurisdiction.
(6) To the extent that funds available for the development of scenic bikeways limit the number of designated scenic bikeways that the commission is able to approve and implement each biennium, the commission must give priority to the designation and implementation of scenic bikeways that will add variety to the geographic location, topography, route length and difficulty, and cultural, historic, scenic, and recreational value of the statewide scenic bikeway system or that will complete existing bicycling networks.
(7) The commission must periodically review designated scenic bikeways to ensure that routes continue to meet the criteria of subsection (4) of this section. Upon review, the commission may alter the route or revoke the designation of a scenic bikeway.
(8)(a) In consultation with the department of transportation, the commission must develop signage to be placed along the routes of each designated scenic bikeway.
(b) On the commission's website, the commission must promote the use of designated scenic bikeways.
(c) The commission may develop promotional materials, including maps or telecommunications applications for purposes of facilitating public use of designed scenic bikeways. Promotional materials created by the commission must indicate whether the bikeway is paved or gravel and any other conditions of the bikeway that affect the safety of users. Consistent with the standards of RCW 79A.05.087, the commission may encourage local economic development in proximity to designated scenic bikeways in the promotional materials by noting opportunities for bicycle repair, food, lodging, camping, recreation, and other tourist activities.
(d) The commission must evaluate each designated scenic bikeway to determine whether the bikeway, or a portion thereof, is suitable for the use of electric bicycles and tricycles. If the commission determines that a designated scenic bikeway, or a portion thereof, is suitable for the use of electric bicycles and tricycles, the commission must allow their use on those bikeways or portions of bikeways.
(9) A recreational access pass issued under chapter 79A.80 RCW is not required in order to use a designated scenic bikeway, except that the access pass requirements of chapter 79A.80 RCW apply to motor vehicles used to park or operate on any portion of a scenic bikeway located on a recreational site or lands, as that term is defined in RCW 79A.80.010.
(10) The designation of a facility or roadway as a scenic bikeway by the commission does not change the liability of the commission or any other state or local government entity with respect to unintentional injury sustained by a user of a scenic bikeway. Nothing in this subsection applies or limits the applicability of the provisions of RCW 4.24.210 to roads or facilities designated as scenic bikeways.
(11) Nothing in this section authorizes the commission to acquire property or property rights solely for purposes of development of a scenic bikeway.
(12) The commission may enter into sponsorship agreements with nonprofit entities or private businesses or entities for sponsorship signs to be displayed on designated scenic bikeways or portions of designated scenic bikeways. The commission may establish the cost for entering into a sponsor agreement. Sponsorship agreements must comply with (a) through (d) of this subsection.
(a) Space for a sponsorship sign may be provided by the commission on a designated scenic bikeway.
(b) Signage erected pursuant to a sponsorship agreement must be consistent with criteria established by the commission relating to size, materials, colors, wording, and location.
(c) The nonprofit entity or private business or entity must pay all costs of a display, including development, construction, installation, operation, maintenance, and removal costs.
(d) Proceeds from the sponsorship agreements must be used to fund commission activities related to the scenic bikeways program. Any surplus funds resulting from sponsorship agreements must be deposited into the state parks renewal and stewardship account under RCW 79A.05.215.
(13) The commission may adopt rules to administer the scenic bikeways program.
[ 2020 c 286 s 1.]

catchline: Scenic bikeways program—Rules.


title: RCW 79A.15.005

text:
The legislature finds:
(1) That Washington possesses an abundance of natural wealth in the form of forests, mountains, wildlife, waters, and other natural resources, all of which help to provide an unparalleled diversity of outdoor recreation opportunities and a quality of life unmatched in this nation;
(2) That as the state's population grows, the demand on these resources is growing too, placing greater stress on today's already overcrowded public recreational lands and facilities, and resulting in a significant loss of wildlife habitat and lands of unique natural value;
(3) That public acquisition and development programs have not kept pace with the state's expanding population;
(4) That private investment and employment opportunities in general and the tourist industry in particular are dependent upon the continued availability of recreational opportunities and our state's unique natural environment;
(5) That if current trends continue, some wildlife species and rare ecosystems will be lost in the state forever and public recreational lands will not be adequate to meet public demands;
(6) That there is accordingly a need for the people of the state to reserve certain areas of the state, in rural as well as urban settings, for the benefit of present and future generations.
It is therefore the policy of the state to acquire as soon as possible the most significant lands for wildlife conservation and outdoor recreation purposes before they are converted to other uses, and to develop existing public recreational land and facilities to meet the needs of present and future generations.
[ 1990 1st ex.s. c 14 s 1. Formerly RCW 43.98A.005.]

catchline: Findings.