title: RCW 79A.25.340

text:
(1) The council shall develop and periodically update a statewide strategic plan for addressing invasive species. The strategic plan should incorporate the reports and activities of the aquatic nuisance species committee, the state noxious weed control board, and other appropriate reports and activities. In addition, the council must coordinate with the biodiversity council created in Executive Order 04-02 to ensure that a statewide strategy for the control of invasive species is integrated into the thirty-year strategy for biodiversity conservation that the biodiversity council must submit to the legislature in 2007.
(2) The strategic plan must, at a minimum, address:
(a) Statewide coordination and intergovernmental cooperation;
(b) Prevention of new biological invasions through deliberate or unintentional introduction;
(c) Inventory and monitoring of invasive species;
(d) Early detection of and rapid response to new invasions;
(e) Control, management, and eradication of established populations of invasive species;
(f) Projects that can be implemented during the period covered by the strategic plan for the control, management, and eradication of new or established populations of invasive species;
(g) Revegetation, reclamation, or restoration of native species following control or eradication of invasive species;
(h) Tools that can be made available to assist state agencies that are responsible for managing public land to control invasive noxious weeds and recommendations as to how the agencies should be held responsible for the failure to control invasive noxious weeds;
(i) Research and public education;
(j) Funding and resources available for invasive species prevention, control, and management; and
(k) Recommendations for legislation necessary to carry out the purposes of this chapter.
(3) The strategic plan must be updated at least once every three years following its initial development. The strategic plan must be submitted to the governor and appropriate committees of the legislature by September 15th of each applicable year. The council shall complete the initial strategic plan within two years of June 7, 2006.
(4) Each state department and agency named to the council shall, consistent with state law, make best efforts to implement elements of the completed plan that are applicable to the department or agency.
[ 2006 c 152 s 5.]

catchline: Washington invasive species council—Statewide strategic plan.


doc_type: statute

jurisdiction: wa

title: RCW 79A.25.350

text:
(1) The council shall submit a biennial report of its activities to the governor and the relevant policy committees of the senate and house of representatives by December 15th of each even-numbered year. The report must include an evaluation of progress made in the preceding biennium to implement or carry out the strategic plan and an identification of projects from the strategic plan that will be a focus for the following biennium.
(2) Prior to the start of the 2011 legislative session, the council must prepare a report to the appropriate committees of the legislature that makes recommendations as to the extension or modification of the council.
[ 2016 c 197 s 11; 2006 c 152 s 6.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Washington invasive species council—Biennial report.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 79A.25.360

text:
The council may establish advisory and technical committees that it considers necessary to aid and advise the council in the performance of its functions. The committees may be continuing or temporary committees. The council shall determine the representation, membership, terms, and organization of the committees and appoint their members.
[ 2006 c 152 s 7.]

catchline: Washington invasive species council—Advisory and technical committees authorized.


title: RCW 79A.25.800

text:
(1) The legislature recognizes that coordinated funding efforts are needed to maintain, develop, and improve the state's community outdoor athletic fields. Rapid population growth and increased urbanization have caused a decline in suitable outdoor fields for community athletic activities and has resulted in overcrowding and deterioration of existing surfaces. Lack of adequate community outdoor athletic fields directly affects the health and well-being of all citizens of the state, reduces the state's economic viability, and prevents Washington from maintaining and achieving the quality of life that it deserves. Therefore, it is the policy of the state and its agencies to maintain, develop, fund, and improve youth or community athletic facilities, including but not limited to community outdoor athletic fields.
(2) In carrying out this policy, the legislature intends to promote the building of new community outdoor athletic fields, the upgrading of existing community outdoor athletic fields, and the maintenance of existing community outdoor athletic fields across the state of Washington.
[ 2003 c 126 s 701; 2000 c 11 s 80; 1998 c 264 s 1. Formerly RCW 43.99.800.]
Notes:
Reviser's note: RCW 82.14.0494 expired August 1, 2020. Therefore, this section expired August 1, 2021.
Contingent expiration date—2003 c 126 ss 701 and 702: "Sections 701 and 702 of this act expire one year after *RCW 82.14.0494 expires." [ 2003 c 126 s 1002.]
*Reviser's note: RCW 82.14.0494 has a contingent expiration date. See RCW 82.14.0494(5).
Part headings not law—Effective date—2003 c 126: See notes following RCW 79A.05.385.
Severability—1998 c 264: "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." [ 1998 c 264 s 5.]
Contingent expiration date—1998 c 264: "Sections 1 through 4 of this act expire one year after RCW 82.14.0494 expires." [ 1998 c 264 s 6.]

catchline: Intent.


title: RCW 79A.25.820

text:
Subject to available resources, the recreation and conservation funding board may:
(1) Prepare and update a strategic plan for the development, maintenance, and improvement of community outdoor athletic fields in the state. In the preparation of such plan, the board may use available data from federal, state, and local agencies having community outdoor athletic responsibilities, user groups, private sector interests, and the general public. The plan may include, but is not limited to:
(a) An inventory of current community outdoor athletic fields;
(b) A forecast of demand for these fields;
(c) An identification and analysis of actual and potential funding sources; and
(d) Other information the board deems appropriate to carry out the purposes of RCW 79A.25.800 through 79A.25.830;
(2) Determine the eligibility requirements for cities, counties, and qualified nonprofit organizations to access funding from the youth athletic facility account created in RCW 43.99N.060(4);
(3) Encourage and provide opportunities for interagency and regional coordination and cooperative efforts between public agencies and between public entities and nonprofit organizations involved in the maintenance, development, and improvement of community outdoor athletic fields; and
(4) Create and maintain data, studies, research, and other information relating to community outdoor athletic fields in the state, and to encourage the exchange of this information.
[ 2007 c 241 s 59; 2003 c 126 s 702; 2000 c 11 s 81; 1998 c 264 s 3. Formerly RCW 43.99.820.]
Notes:
Reviser's note: RCW 82.14.0494 expired August 1, 2020. Therefore, this section expired August 1, 2021.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Contingent expiration date—2003 c 126 ss 701 and 702: See note following RCW 79A.25.800.
Part headings not law—Effective date—2003 c 126: See notes following RCW 79A.05.385.
Severability—Contingent expiration date—1998 c 264: See notes following RCW 79A.25.800.

catchline: Strategic plan—Funding eligibility—Regional coordination and cooperative efforts—Data collection and exchange.


title: RCW 79A.25.830

text:
The recreation and conservation funding board or office may receive gifts, grants, or endowments from public and private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of RCW 79A.25.800 through 79A.25.830 and spend gifts, grants, or endowments or income from the public or private sources according to their terms, unless the receipt of the gifts, grants, or endowments violates RCW 29B.45.020.
[ 2024 c 164 s 533; 2011 c 60 s 48; 2007 c 241 s 60; 2000 c 11 s 82; 1998 c 264 s 4. Formerly RCW 43.99.830.]
Notes:
Reviser's note: RCW 82.14.0494 expired August 1, 2020. Therefore, this section expired August 1, 2021.
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Contingent expiration date—2011 c 60 s 48: "Section 82, chapter 11, Laws of 2000; section 60, chapter 241, Laws of 2007; and section 48, chapter 60, Laws of 2011 expire one year after RCW 82.14.0494 expires." [ 2011 c 60 s 52.]
Effective date—2011 c 60: See note following RCW 29B.20.030.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Severability—Contingent expiration date—1998 c 264: See notes following RCW 79A.25.800.

catchline: Gifts, grants, or endowments.


title: RCW 79A.25.902

text:
This chapter shall be known and may be cited as the Marine Recreation Land Act of 1964.
[ 1965 c 5 s 18 (Initiative Measure No. 215, approved November 3, 1964). Formerly RCW 43.99.910.]

catchline: Short title.


title: RCW 79A.30.005

text:
The legislature finds that:
(1) Horses are part of a large, highly diverse, and vital industry which provides significant economic, employment, recreational, and educational contributions to residents of and visitors to the state of Washington;
(2) Currently there is no adequate facility in the Pacific Northwest with the acreage, services, and capacity to host large regional horse shows, national championships, or Olympics-quality events to showcase and promote this important Washington industry;
(3) Establishing a first-class horse park facility in Washington would meet important needs of the state's horse industry, attract investment, enhance recreational opportunities, and bring new exhibitors and tourists to the state from throughout the region and beyond; and
(4) A unique opportunity exists to form a partnership between state, county, and private interests to create a major horse park facility that will provide public recreational opportunities and statewide economic and employment benefits.
It is the purpose of this legislation [act] to create the framework for such a partnership to facilitate development of the Washington state horse park. It is further the intent of the legislature that the state horse park shall be developed in stages, based on factors such as the availability of funds, equipment, and other materials donated by private sources; the availability and willingness of volunteers to work on park development; and the availability of revenues generated by the state horse park as it is developed and utilized.
[ 1995 c 200 s 1. Formerly RCW 67.18.005.]

catchline: Findings—Purpose.


title: RCW 79A.30.010

text:
Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
(1) "Authority" means the Washington state horse park authority authorized to be created in RCW 79A.30.030.
(2) "Commission" means the Washington state parks and recreation commission.
(3) "Horses" includes all domesticated members of the taxonomic family Equidae, including but not limited to horses, donkeys, and mules.
(4) "State horse park" means the Washington state horse park established in RCW 79A.30.020.
[ 2000 c 11 s 83; 1995 c 200 s 2. Formerly RCW 67.18.010.]

catchline: Definitions.


title: RCW 79A.30.020

text:
(1) The Washington state horse park is hereby established, to be located at a site approved by the commission. In approving a site for the state horse park, the commission shall consider areas with large blocks of land suitable for park development, the distance to various population centers in the state, the ease of transportation to the site for large vehicles traveling along either a north-south or an east-west corridor, and other factors deemed important by the commission.
(2) Ownership of land for the state horse park shall be as follows:
(a) The commission is vested with and shall retain ownership of land provided by the state for the state horse park. Any lands acquired by the commission after July 23, 1995, for the state horse park shall be purchased under chapter 79A.15 RCW. The legislature encourages the commission to provide a long-term lease of the selected property to the Washington state horse park authority at a minimal charge. The lease shall contain provisions ensuring public access to and use of the horse park facilities, and generally maximizing public recreation opportunities at the horse park, provided that the facility remains available primarily for horse-related activities.
(b) Land provided for the state horse park by the county in which the park is located shall remain in the ownership of that county unless the county determines otherwise. The legislature encourages the county to provide a long-term lease of selected property to the Washington state horse park authority at a minimal charge.
(c) If the authority acquires additional lands through donations, grants, or other means, or with funds generated from the operation of the state horse park, the authority shall retain ownership of those lands. The authority shall also retain ownership of horse park site improvements paid for by or through donations or gifts to the authority.
(3) Development, promotion, operation, management, and maintenance of the state horse park is the responsibility of the authority created in RCW 79A.30.030.
[ 2000 c 11 s 84; 1995 c 200 s 3. Formerly RCW 67.18.020.]

catchline: Park established—Site approval—Ownership of land—Development, promotion, operation, management, and maintenance.


title: RCW 79A.30.030

text:
(1) A nonprofit corporation may be formed under the nonprofit corporation provisions of chapter 24.03A RCW to carry out the purposes of this chapter. Except as provided in RCW 79A.30.040, the corporation shall have all the powers and be subject to the same restrictions as are permitted or prescribed to nonprofit corporations and shall exercise those powers only for carrying out the purposes of this chapter and those purposes necessarily implied therefrom. The nonprofit corporation shall be known as the Washington state horse park authority. The articles of incorporation shall provide that it is the responsibility of the authority to develop, promote, operate, manage, and maintain the Washington state horse park. The articles of incorporation shall provide for appointment of directors and other conduct of business consistent with the requirements of this chapter.
(2)(a) The articles of incorporation shall provide for an eleven-member board of directors for the authority, all appointed by the commission. Board members shall serve three-year terms, except that two of the original appointees shall serve one-year terms, and two of the original appointees shall serve two-year terms. Of the board members appointed pursuant to chapter 31, Laws of 2013, one shall serve an initial one-year term, one shall serve an initial two-year term, and two shall serve an initial term of three years. A board member may serve consecutive terms.
(b) The articles of incorporation shall provide that the commission appoint board members as follows:
(i) One board member shall represent the interests of the commission;
(ii) One board member shall represent the interests of the county in which the park is located. In making this appointment, the commission shall solicit recommendations from the county legislative authority; and
(iii) Nine board members shall represent the geographic and sports discipline diversity of equestrian interests in the state, and at least three of these members shall have business experience relevant to the organization of horse shows or operation of a horse show facility. In making these appointments, the commission shall solicit recommendations from a variety of active horse-related organizations in the state.
(3) The articles of incorporation shall include a policy that provides for the preferential use of a specific area of the horse park facilities at nominal cost for horse groups associated with youth groups and individuals with disabilities.
(4) The commission shall make appointments to fill board vacancies for positions authorized under subsection (2) of this section, upon additional solicitation of recommendations from the board of directors.
(5) The board of directors shall perform their duties in the best interests of the authority, consistent with the standards applicable to directors of nonprofit corporations under RCW 24.03A.495.
[ 2021 c 176 s 5240; 2013 c 31 s 2; 2011 1st sp.s. c 21 s 32; 2000 c 11 s 85; 1995 c 200 s 4. Formerly RCW 67.18.030.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.
Findings—2013 c 31: "The legislature finds that the Washington state horse park authority is a unique public-private partnership for providing equestrian recreational opportunities. Because the authority is a statutorily created nonprofit corporation, its growth as an organization requires statutory authorization. The legislature finds that expanding membership of the authority's board will: Allow additional board representation for the geographic and sports discipline diversity of equestrian interests; add relevant business experience to the board; and avoid duplicating efforts of other organizations." [ 2013 c 31 s 1.]
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.

catchline: Washington state horse park authority—Formation—Powers—Articles of incorporation—Board.


title: RCW 79A.30.040

text:
To meet its responsibility for developing, promoting, operating, managing, and maintaining the state horse park, the authority is empowered to do the following:
(1) Exercise the general powers authorized for any nonprofit corporation as specified in RCW 24.03A.140. All debts of the authority shall be in the name of the authority and shall not be debts of the state of Washington for which the state or any state agency shall have any obligation to pay; and the authority may not issue bonds. Neither the full faith and credit of the state nor the state's taxing power is pledged for any indebtedness of the authority;
(2) Employ and discharge at its discretion employees, agents, advisors, and other personnel;
(3) Apply for or solicit, accept, administer, and dispose of grants, gifts, and bequests of money, services, securities, real estate, or other property. However, if the authority accepts a donation designated for a specific purpose, the authority shall use the donation for the designated purpose;
(4) Establish, revise, collect, manage, and expend such fees and charges at the state horse park as the authority deems necessary to accomplish its responsibilities;
(5) Make such expenditures as are appropriate for paying the administrative costs and expenses of the authority and the state horse park;
(6) Authorize use of the state horse park facilities by the general public and by and for compatible nonequestrian events as the authority deems reasonable, so long as the primacy of the center for horse-related purposes is not compromised;
(7) Insure its obligations and potential liability;
(8) Enter into cooperative agreements with and provide for private nonprofit groups to use the state horse park facilities and property to raise money to contribute gifts, grants, and support to the authority for the purposes of this chapter;
(9) Grant concessions or leases at the state horse park upon such terms and conditions as the authority deems appropriate, but in no event shall the term of a concession or lease exceed twenty-five years. Concessions and leases shall be consistent with the purposes of this chapter and may be renegotiated at least every five years; and
(10) Generally undertake any and all lawful acts necessary or appropriate to carry out the purposes for which the authority and the state horse park are created.
[ 2021 c 176 s 5241; 1995 c 200 s 5. Formerly RCW 67.18.040.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.

catchline: Washington state horse park authority—Powers.


title: RCW 79A.30.050

text:
(1) If the authority and state agencies find it mutually beneficial to do so, they are authorized to collaborate and cooperate on projects of shared interest. Agencies authorized to collaborate with the authority include but are not limited to: The commission for activities and projects related to public recreation; the department of agriculture for projects related to the equine agricultural industry; the department of commerce with respect to community and economic development and tourism issues associated with development of the state horse park; Washington State University with respect to opportunities for animal research, education, and extension; the department of ecology with respect to opportunities for making the state horse park's waste treatment facilities a demonstration model for the handling of waste to protect water quality; and with local community colleges with respect to programs related to horses, economic development, business, and tourism.
(2) The authority shall cooperate with 4-H clubs, pony clubs, youth groups, and local park departments to provide youth recreational activities. The authority shall also provide for preferential use of an area of the horse park facility for youth and individuals with disabilities at nominal cost.
[ 2023 c 470 s 2124; 1995 c 200 s 6. Formerly RCW 67.18.050.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Collaboration by authority and state on projects of shared interest—Cooperation with groups for youth recreational activities.


title: RCW 79A.35.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the recreation and conservation funding board.
(2) "System" means the Washington state recreation trails system.
[ 2007 c 241 s 63; 1970 ex.s. c 76 s 2. Formerly RCW 67.32.020.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Recreation and conservation funding board: Chapter 79A.25 RCW.


title: RCW 79A.35.020

text:
(1) In order to provide for the ever increasing outdoor recreation needs of an expanding resident and tourist population and to promote public access to, travel within, and the enjoyment and appreciation of outdoor areas of Washington, it is declared to be in the public interest to plan a system of trails throughout the state to enable and encourage the public to engage in outdoor recreation activities.
(2) The purpose of this chapter is to provide the means for attaining these objectives by instituting a method for establishing a system of state recreation trails, and by prescribing the manner by which a proposed trail may be included in the system.
[ 1970 ex.s. c 76 s 3. Formerly RCW 67.32.030.]

catchline: Purpose.


title: RCW 79A.35.030

text:
(1) The system shall be composed of trails as designated by the board. Such trails shall meet the conditions established in this chapter and such supplementary criteria as the board may prescribe.
(2) The board shall establish a procedure whereby federal, state, and local governmental agencies and/or public and private organizations may propose trails for inclusion within the system. Such proposals will comply with the proposal requirements contained in RCW 79A.35.050.
(3) In consultation with appropriate federal, state, and local governmental agencies and public and private organizations, the board shall establish a procedure for public review of the proposals considered appropriate for inclusion in the statewide trails system.
[ 2007 c 241 s 64; 2000 c 11 s 86; 1970 ex.s. c 76 s 4. Formerly RCW 67.32.040.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Trails to be designated by board—Inclusion of other trails—Procedure.


title: RCW 79A.35.040

text:
The director shall prepare a state trails plan as part of the statewide outdoor recreation and open space plan. Included in this plan shall be an inventory of existing trails and potential trail routes on all lands within the state presently being used or with potential for use by all types of trail users. Such trails plan may include general routes or corridors within which specific trails or segments thereof may be considered for designation as state recreation trails.
[ 1989 c 237 s 7; 1971 ex.s. c 47 s 1; 1970 ex.s. c 76 s 5. Formerly RCW 67.32.050.]
Notes:
Effective date—1989 c 237: See note following RCW 79A.25.005.
Application of chapter—Permission necessary to enter upon private lands: RCW 46.09.300.

catchline: State trails plan.


title: RCW 79A.35.050

text:
Before any specific existing or proposed trail is considered for designation as a state recreational trail, a proposal must be submitted to the board showing the following:
(1) For existing trails:
(a) The route of such trail, including maps and illustrations, and the recommended mode or modes of travel to be permitted thereon;
(b) The characteristics that, in the judgment of the agency or organization proposing the trail, make it worthy of designation as a component of a state recreation trail or trail system;
(c) A map showing the current status of land ownership and use along the designated route;
(d) The name of the agency or combination of agencies that would be responsible for acquiring additional trail rights-of-way or easements, trail improvement, operation and maintenance, and a statement from those agencies indicating the conditions under which they would be willing to accept those responsibilities;
(e) Any anticipated problems of maintaining and supervising the use of such trail and any anticipated hazards to the use of any land or resource adjacent to such trail;
(f) And such others as deemed necessary by the board.
(2) In addition, for proposed trails or for existing trails which require additional right-of-way acquisition, easements, and/or development:
(a) The method of acquiring trail rights-of-way or easements;
(b) The estimated cost of acquisition of lands, or interest in land, if any is required;
(c) The plans for developing the trail and the estimated cost thereof;
(d) Proposed sources of funds to accomplish (a) and (b) of this subsection.
[ 2007 c 241 s 65; 1970 ex.s. c 76 s 6. Formerly RCW 67.32.060.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Proposals for designation of existing or proposed trails as state recreational trails.


title: RCW 79A.35.060

text:
Following designation of a state recreation trail, the recreation and conservation funding board may coordinate:
(1) The agency or agencies that will acquire (where appropriate), develop and/or maintain the trail;
(2) The most appropriate location for the trail;
(3) Modes of travel to be permitted;
(4) And other functions as appropriate.
[ 2007 c 241 s 66; 1970 ex.s. c 76 s 7. Formerly RCW 67.32.070.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Coordination by recreation and conservation funding board.


title: RCW 79A.35.070

text:
The following seven categories of trails or areas are hereby established for purposes of this chapter:
(1) Cross-state trails which connect scenic, historical, geological, geographical, or other significant features which are characteristic of the state;
(2) Water-oriented trails which provide a designated path to, on, or along fresh and/or salt water in which the water is the primary point of interest;
(3) Scenic-access trails which give access to quality recreation, scenic, historic or cultural areas of statewide or national significance;
(4) Urban trails which provide opportunities within an urban setting for walking, bicycling, horseback riding, or other compatible activities. Where appropriate, they will connect parks, scenic areas, historical points, and neighboring communities;
(5) Historical trails which identify and interpret routes which were significant in the historical settlement and development of the state;
(6) ORV vehicle trails which are suitable for use by both four-wheel drive vehicles and two-wheel vehicles. Such trails may be included as a part of the trail systems enumerated in subsections (1), (2), (3) and (5) of this section or may be separately designated;
(7) Off-road and off-trail areas which are suitable for use by both four-wheel drive vehicles and two-wheel vehicles. The board shall coordinate an inventory and classification of such areas giving consideration to the type of use such areas will receive from persons operating four-wheel drive vehicles and two-wheel vehicles.
The planning and designation of trails shall take into account and give due regard to the interests of federal agencies, state agencies and bodies, counties, municipalities, private landowners and individuals, and interested recreation organizations. It is not required that the above categories be used to designate specific trails, but the board will assure that full consideration is given to including trails from all categories within the system. As it relates to all classes of trails and to all types of trail users, it is herein declared as state policy to increase recreational trail access to and within state and federally owned lands and private lands where access may be obtained. It is the intent of the legislature that public recreation facilities be developed as fully as possible to provide greater recreation opportunities for the citizens of the state. The purpose of chapter 153, Laws of 1972 ex. sess. is to increase the availability of trails and areas for off-road vehicles by granting authority to state and local governments to maintain a system of ORV trails and areas, and to fund the program to provide for such development. State lands should be used as fully as possible for all public recreation which is compatible with the income-producing requirements of the various trusts.
[ 2007 c 241 s 67; 1977 ex.s. c 220 s 21; 1972 ex.s. c 153 s 1; 1971 ex.s. c 47 s 2; 1970 ex.s. c 76 s 8. Formerly RCW 67.32.080.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Application of chapter—Permission necessary to enter upon private lands: RCW 46.09.300.

catchline: Categories of trails or areas—Policy statement as to certain state lands.


title: RCW 79A.35.080

text:
All trails designated as state recreational trails will be constructed, maintained, and operated to provide for one or more of the following general types of use: Foot, foot powered bicycle, horse, motor vehicular or watercraft travel as appropriate to the terrain and location, or to legal, administrative or other necessary restraints. It is further provided that the same trail shall not be designated for use by foot and vehicular travel at the same time.
[ 1970 ex.s. c 76 s 9. Formerly RCW 67.32.090.]

catchline: General types of use.


title: RCW 79A.35.090

text:
With the concurrence of any federal or state agency administering lands through which a state recreation trail may pass, and after consultation with local governments, private organizations and landowners which the board knows or believes to be concerned, the board may issue guidelines including, but not limited to: Encouraging the permissive use of volunteer organizations for planning, maintenance, or trail construction assistance; trail construction and maintenance standards, a trail use reporting procedure, and a uniform trail mapping system.
[ 2007 c 241 s 68; 1971 ex.s. c 47 s 3; 1970 ex.s. c 76 s 10. Formerly RCW 67.32.100.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Application of chapter—Permission necessary to enter upon private lands: RCW 46.09.300.

catchline: Guidelines.


title: RCW 79A.35.100

text:
The board is authorized and encouraged to consult and to cooperate with any state, federal, or local governmental agency or body including special districts subject to the provisions of chapter 85.38 RCW, with private landowners, and with any privately owned utility having jurisdiction or control over or information concerning the use, abandonment, or disposition of roadways, utility rights-of-way, dikes or levees, or other properties suitable for the purpose of improving or expanding the system in order to assure, to the extent practicable, that any such properties having value for state recreation trail purposes may be made available for such use.
[ 2007 c 241 s 69; 1993 c 258 s 1; 1970 ex.s. c 76 s 11. Formerly RCW 67.32.110.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Consultation and cooperation with state, federal, and local agencies.


title: RCW 79A.35.110

text:
Volunteer organizations may assist public agencies, with the agency's approval, in the construction and maintenance of recreational trails in accordance with the guidelines issued by the board. In carrying out such volunteer activities the members of the organizations shall not be considered employees or agents of the public agency administering the trails, and such public agencies shall not be subject to any liability whatsoever arising out of volunteer activities. The liability of public agencies to members of such volunteer organizations shall be limited in the same manner as provided for in RCW 4.24.210.
[ 2007 c 241 s 70; 1971 ex.s. c 47 s 4. Formerly RCW 67.32.130.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Application of chapter—Permission necessary to enter upon private lands: RCW 46.09.300.

catchline: Participation by volunteer organizations—Liability of public agencies therefor limited.


title: RCW 79A.35.120

text:
The department of transportation shall consider plans for trails along and across all new construction projects, improvement projects, and along or across any existing highways in the state system as deemed desirable by the board.
[ 2007 c 241 s 71; 1984 c 7 s 368; 1971 ex.s. c 47 s 5. Formerly RCW 67.32.140.]
Notes:
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Application of chapter—Permission necessary to enter upon private lands: RCW 46.09.300.


title: RCW 79A.35.130

text:
Participants in conservation corps programs offered by a nonprofit organization affiliated with a national service organization established under the authority of the national and community service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while performing environmental and trail maintenance work provided:
(1) The nonprofit organization must be registered as a nonprofit corporation pursuant to chapter 24.03A RCW;
(2) The nonprofit organization's management and administrative headquarters must be located in Washington;
(3) Participants in the program spend at least fifteen percent of their time in the program on education and training activities; and
(4) Participants in the program receive a stipend or living allowance as authorized by federal or state law.
Participants are exempt from provisions related to rates of compensation only for environmental and trail maintenance work conducted pursuant to the conservation corps program.
[ 2021 c 176 s 5242; 2011 c 56 s 1.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.

catchline: Participants in conservation corps programs—Exempt from provisions related to rates of compensation.


title: RCW 79A.35.140

text:
(1) The department of natural resources and the department of fish and wildlife shall each undergo a public process to collect information related to electric-assisted bicycle use on nonmotorized natural surface trails and closed roads open to bicycles to determine where such use may occur, and which classes of electric-assisted bicycles are acceptable on such trails and roads under the agencies' management. The public processes must also include a consideration of opportunities to improve awareness of applicable trail rules and trail etiquette among all classes of trail users.
(2) The public processes shall include, but not be limited to, input from tribes, individuals with disabilities, representatives of natural resource conservation organizations, and representatives of outdoor recreation interests representing horseback riding, traditional and electric-assisted mountain biking, hiking, and hunting. The department of natural resources and the department of fish and wildlife must report their findings to the appropriate committees of the legislature by September 30, 2022.
(3) Until June 30, 2023, or until legislation is enacted or rules are adopted related to the use of electric-assisted bicycles on nonmotorized natural surface trails and closed roads on lands managed by the department of natural resources and by the department of fish and wildlife, whichever is earlier, the department of natural resources and the department of fish and wildlife must allow persons who possess a current parking placard for persons with disabilities, issued by the department of transportation pursuant to RCW 46.19.030, to use class 1 and class 2 electric-assisted bicycles, as defined in RCW 46.04.169, on all nonmotorized natural surface trails and closed roads on which bicycles are allowed.
[ 2021 c 191 s 1.]

catchline: Electric-assisted bicycles—Use—Public process—Report—Persons who possess current parking placard for persons with disabilities.


title: RCW 79A.35.900

text:
This chapter may be cited as the Washington State Recreation Trails System Act.
[ 1970 ex.s. c 76 s 1. Formerly RCW 67.32.010.]

catchline: Short title.


title: RCW 79A.40.010

text:
Every owner or operator of any recreational device designed and operated for the conveyance of persons which aids in promoting entertainment, pleasure, play, relaxation, or instruction, specifically including devices generally associated with winter sports activities such as aerial tramways, aerial lifts, surface lifts, tows, and conveyors, and similar devices and equipment, shall construct, furnish, maintain, and provide safe and adequate facilities and equipment with which safely and properly to receive and transport all persons offered to and received by the owner or operator of such devices, and to promote the safety of such owner's or operator's patrons, employees and the public. The owner or operator of the devices and equipment covered by this section shall be deemed not to be a common carrier.
[ 2026 c 23 s 1; 2014 c 133 s 1; 1965 ex.s. c 85 s 1; 1961 c 253 s 1; 1959 c 327 s 1. Formerly RCW 70.88.010.]

catchline: Safe and adequate facilities and equipment required of owner and operator—Operator not common carrier.


title: RCW 79A.40.020

text:
(1) It shall be unlawful after June 10, 1959, to construct or install any such recreational device as set forth in RCW 79A.40.010 without first submitting plans and specifications for such device to the state parks and recreation commission and receiving the approval of the commission for such construction or installation.
(2) The plans and specifications must be submitted to the commission in a manner provided by the commission accompanied by a certification by a qualified engineer. The certification must indicate that the conveyance was designed by a qualified engineer and that the conveyance, if properly installed as provided in the plan, will be safe. Upon completion of the installation, the operator or owner shall submit further certification by a qualified engineer to the commission that the conveyance has been installed in accordance with the plan. The qualified engineer submitting a certification as provided in this chapter must be formally approved to submit such a certification by the commission. The commission shall establish the necessary qualifications for any engineer seeking the ability to certify equipment pursuant to this chapter.
(3) Violation of this section shall be a misdemeanor.
[ 2014 c 133 s 2; 2000 c 11 s 87; 1959 c 327 s 2. Formerly RCW 70.88.020.]

catchline: Plans, specifications to be submitted to state parks and recreation commission—Approval—Certification by a qualified engineer—Penalty.


title: RCW 79A.40.030

text:
The state parks and recreation commission shall have the authority and the responsibility for the inspection of the devices set forth in RCW 79A.40.010 and in addition shall have the following powers and duties:
(1) Whenever the commission, after hearing called upon its own motion or upon complaint, finds that additional apparatus, equipment, facilities or devices for use or in connection with the transportation or conveyance of persons upon the devices set forth in RCW 79A.40.010, ought reasonably to be provided, or any repairs or improvements to, or changes in, any theretofore in use ought reasonably to be made, or any additions or changes in construction should reasonably be made thereto, in order to promote the security and safety of the public or employees, it may make and serve an order directing such repairs, improvements, changes, or additions to be made.
(2) If the commission finds that the equipment, or appliances in connection therewith, or the apparatus, or other structures of the recreational device set forth in RCW 79A.40.010 are defective, and that the operation thereof is dangerous to the employees of the owner or operator of such device or to the public, it shall immediately give notice to the owner or operator of such device of the repairs or reconstruction necessary to place the same in a safe condition, and may prescribe the time within which they shall be made. If, in its opinion, it is needful or proper, the commission may forbid the operation of the device until it is repaired and placed in a safe condition.
[ 2000 c 11 s 88; 1959 c 327 s 3. Formerly RCW 70.88.030.]

catchline: Orders directing repairs, improvements, changes, etc.—Notice—Forbidding operation.


title: RCW 79A.40.040

text:
Any violation of this chapter or the rules, regulations and codes of the state parks and recreation commission relating to public safety in the construction, operation and maintenance of the recreational devices provided for in this chapter shall be a misdemeanor.
[ 1965 ex.s. c 85 s 2; 1959 c 327 s 4. Formerly RCW 70.88.040.]

catchline: Penalty for violation of chapter or rules, etc., of parks and recreation commission.


title: RCW 79A.40.050

text:
The state parks and recreation commission shall employ or retain a person qualified in engineering experience and training who shall be designated as the inspector of recreational devices, and may employ such additional employees as are necessary to properly administer this chapter. The inspector and such additional employees may be hired on a temporary basis or borrowed from other state departments, or the commission may contract with individuals or firms for such inspecting service on an independent basis.
[ 2014 c 133 s 3; 1959 c 327 s 5. Formerly RCW 70.88.050.]

catchline: Inspector of recreational devices—Employees.


title: RCW 79A.40.060

text:
The inspector of recreational devices and his or her assistants shall inspect all equipment and appliances connected with the recreational devices set forth in RCW 79A.40.010 and make such reports of his or her inspection to the commission as may be required. He or she shall, on discovering any defective equipment, or appliances connected therewith, rendering the use of the equipment dangerous, immediately report the same to the owner or operator of the device on which it is found, and in addition report it to the commission. If in the opinion of the inspector the continued operation of the defective equipment constitutes an immediate danger to the safety of the persons operating or being conveyed by such equipment, the inspector may condemn such equipment and shall immediately notify the commission of his or her action in this respect: PROVIDED, That inspection required by this chapter must be conducted at least once each year, prior to each use season.
[ 2014 c 133 s 4; 2000 c 11 s 89; 1959 c 327 s 6. Formerly RCW 70.88.060.]

catchline: Powers and duties of inspector—Condemnation of equipment—Annual inspection.


title: RCW 79A.40.070

text:
The program authorized by this chapter and chapter 79A.45 RCW must be funded by fees charged to the owners or operators of ski areas. The expenses incurred in connection with making inspections and reviewing plans and specifications under this chapter shall be paid by the owner or operator of such recreational devices by reimbursing the commission for the costs it incurred to hire an engineer to complete an inspection or perform plan review. The commission shall maintain accurate and complete records of the costs incurred for each inspection and plan review for construction approval and shall assess the respective owners or operators of the recreational devices an administrative fee associated with the review or service provided by the commission, which amount may vary based on the service or level of review required. The commission shall adopt a fee schedule for the services provided under this chapter, subject to RCW 43.135.055, by rule. The costs as assessed by the commission shall be a lien on the equipment of the owner or operator of the recreational devices so inspected or installed. Such moneys collected by the commission under this section shall be paid into the state parks renewal and stewardship account.
[ 2014 c 133 s 5; 1997 c 137 s 5; 1990 c 136 s 1; 1975 1st ex.s. c 74 s 1; 1961 c 253 s 2; 1959 c 327 s 7. Formerly RCW 70.88.070.]
Notes:
Effective date—1997 c 137: See note following RCW 79A.05.055.
Parks and parkways account abolished: RCW 43.79.405.

catchline: Program funding—Costs of inspection and plan review—Administrative fee—Fee schedule—Lien—Disposition of funds.


title: RCW 79A.40.080

text:
Inspections, rules, and orders of the state parks and recreation commission resulting from the exercise of the provisions of this chapter and chapter 79A.45 RCW shall not in any manner be deemed to impose liability upon the state for any injury or damage resulting from the operation or signing of the facilities regulated by this chapter, and all actions of the state parks and recreation commission and its personnel shall be deemed to be an exercise of the police power of the state.
[ 2000 c 11 s 90; 1991 c 75 s 2; 1990 c 136 s 3; 1959 c 327 s 8. Formerly RCW 70.88.080.]

catchline: State immunity from liability—Actions deemed exercise of police power.


title: RCW 79A.40.090

text:
The state parks and recreation commission is empowered to adopt reasonable rules and codes relating to public safety in the construction, operation, signing, and maintenance of the recreational devices provided for in this chapter. The rules and codes authorized hereunder shall be in accordance with established standards, if any, and shall not be discriminatory in their application.
[ 1991 c 75 s 3; 1959 c 327 s 9. Formerly RCW 70.88.090.]

catchline: Rules and codes.


title: RCW 79A.40.100

text:
The procedure for review of the orders or actions of the state parks and recreation commission, its agents or employees, shall be conducted in accordance with chapter 34.05 RCW.
[ 2007 c 234 s 98; 1959 c 327 s 10. Formerly RCW 70.88.100.]

catchline: Judicial review.


title: RCW 79A.45.010

text:
(1) The operator of any ski area shall maintain a sign system based on international or national standards and as may be required by the state parks and recreation commission.
All signs for instruction of the public shall be bold in design with wording short, simple, and to the point. All such signs shall be prominently placed.
Entrances to all machinery, operators', and attendants' rooms shall be posted to the effect that unauthorized persons are not permitted therein.
The sign "Working on Lift" or a similar warning sign shall be hung on the main disconnect switch and at control points for starting the auxiliary or prime mover when a person is working on the passenger tramway.
(2) All signs required for normal daytime operation shall be in place, and those pertaining to the tramway, lift, or tow operations shall be adequately lighted for night skiing.
(3) If a particular trail or run has been closed to the public by an operator, the operator shall place a notice thereof at the top of the trail or run involved, and no person shall ski on a run or trail which has been designated "Closed".
(4) An operator shall place a notice at the embarking terminal or terminals of a lift or tow which has been closed that the lift or tow has been closed and that a person embarking on such a lift or tow shall be considered to be a trespasser.
(5) Any snow making machines or equipment shall be clearly visible and clearly marked. Snow grooming equipment or any other vehicles shall be equipped with a yellow flashing light at any time the vehicle is moving on or in the vicinity of a ski run; however, low profile vehicles, such as snowmobiles, may be identified in the alternative with a flag on a mast of not less than six feet in height.
(6) The operator of any ski area shall maintain a readily visible sign on each rope tow, wire rope tow, j-bar, t-bar, ski lift, or other similar device, advising the users of the device that:
(a) Any person not familiar with the operation of the lift shall ask the operator thereof for assistance and/or instruction; and
(b) The skiing-ability level recommended for users of the lift and the runs served by the device shall be classified "easiest", "more difficult", and "most difficult".
[ 1991 c 75 s 1; 1989 c 81 s 2; 1977 ex.s. c 139 s 1. Formerly RCW 70.117.010.]
Notes:
Severability—1989 c 81: See note following RCW 79A.45.020.

catchline: Ski area sign requirements.


title: RCW 79A.45.020

text:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
"Trails" or "runs" means those trails or runs that have been marked, signed, or designated by the ski area operator as ski trails or ski runs within the ski area boundary.
[ 1989 c 81 s 1. Formerly RCW 70.117.015.]
Notes:
Severability—1989 c 81: "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." [ 1989 c 81 s 6.]

catchline: "Trails" or "runs" defined.


title: RCW 79A.45.030

text:
(1) In addition to the specific requirements of this section, all skiers shall conduct themselves within the limits of their individual ability and shall not act in a manner that may contribute to the injury of themselves or any other person.
(2) No person shall:
(a) Embark or disembark upon a ski lift except at a designated area;
(b) Throw or expel any object from any aerial tramway, aerial lift, surface lift, tow, or conveyor, or other similar device while riding on the device;
(c) Act in any manner while riding on an aerial tramway, aerial lift, surface lift, tow, or conveyor, or similar device that may interfere with the proper or safe operation of the lift or tow;
(d) Wilfully engage in any type of conduct which may injure any person, or place any object in the uphill ski track which may cause another to fall, while traveling uphill on a ski lift; or
(e) Cross the uphill track of an aerial tramway, aerial lift, surface lift, tow, or conveyor, or other similar device except at designated locations.
(3) Every person shall maintain control of his or her speed and course at all times, and shall stay clear of any snowgrooming equipment, any vehicle, any lift tower, and any other equipment on the mountain.
(4) A person shall be the sole judge of his or her ability to negotiate any trail, run, or uphill track and no action shall be maintained against any operator by reason of the condition of the track, trail, or run unless the condition results from the negligence of the operator.
(5) Any person who boards an aerial tramway, aerial lift, surface lift, tow, or conveyor, or other similar device shall be presumed to have sufficient abilities to use the device. No liability shall attach to any operator or attendant for failure to instruct the person on the use of the device, but a person shall follow any written or verbal instructions that are given regarding the use.
(6) Because of the inherent risks in the sport of skiing all persons using the ski hill shall exercise reasonable care for their own safety. However, the primary duty shall be on the person skiing downhill to avoid any collision with any person or object below him or her.
(7) Any person skiing outside the confines of trails open for skiing or runs open for skiing within the ski area boundary shall be responsible for any injuries or losses resulting from his or her action.
(8) Any person on foot or on any type of sliding device shall be responsible for any collision whether the collision is with another person or with an object.
(9) A person embarking on any tramway, lift, or tow without authority shall be considered to be a trespasser.
[ 2026 c 23 s 2; 1989 c 81 s 3; 1977 ex.s. c 139 s 2. Formerly RCW 70.117.020.]
Notes:
Severability—1989 c 81: See note following RCW 79A.45.020.

catchline: Standard of conduct—Prohibited acts—Responsibility.


title: RCW 79A.45.040

text:
Ski area operators shall place a notice of the provisions of RCW 79A.45.030(7) on their trail maps, at or near the ticket booth, and at the bottom of each ski lift or similar device.
[ 2000 c 11 s 91; 1989 c 81 s 5. Formerly RCW 70.117.025.]
Notes:
Severability—1989 c 81: See note following RCW 79A.45.020.

catchline: Skiing outside of trails or boundaries—Notice of skier responsibility.


title: RCW 79A.45.050

text:
(1) Any person who is involved in a skiing accident and who departs from the scene of the accident without leaving personal identification or otherwise clearly identifying himself or herself before notifying the proper authorities or obtaining assistance, knowing that any other person involved in the accident is in need of medical or other assistance, shall be guilty of a misdemeanor.
(2) An operator shall place a prominent notice containing the substance of this section in such places as are necessary to notify the public.
[ 1989 c 81 s 4; 1977 ex.s. c 139 s 3. Formerly RCW 70.117.030.]
Notes:
Severability—1989 c 81: See note following RCW 79A.45.020.

catchline: Leaving scene of skiing accident—Penalty—Notice.


title: RCW 79A.45.060

text:
(1) Every operator of an aerial tramway, aerial lift, surface lift, tow, or conveyor, or similar device shall maintain liability insurance of not less than one million dollars per occurrence.
(2) This section shall not apply to operators of tramways that are not open to the general public and that are operated without charge, except that this section shall apply to operators of tramways that are operated by schools, ski clubs, or similar organizations.
[ 2026 c 23 s 3; 2014 c 133 s 6; 1977 ex.s. c 139 s 4. Formerly RCW 70.117.040.]

catchline: Insurance requirements for operators.


title: RCW 79A.45.070

text:
A person is guilty of a misdemeanor if the person knowingly skis in an area or on a ski trail, owned or controlled by a ski area operator, that is closed to the public and that has signs posted indicating the closure.
[ 2011 c 276 s 1.]

catchline: Skiing in an area or trail closed to the public—Penalty.


title: RCW 79A.50.010

text:
The department of natural resources is hereby authorized to withdraw from sale or lease, and reserve for state or city park purposes, public lands selected by the state parks and recreation commission, for such time as it shall determine will be for the best interests of the state and any particular fund for which said public lands are being held in trust: PROVIDED, None of the lands selected under the provisions of section 3, chapter 91, Laws of 1903, shall be withdrawn or reserved hereunder without the consent of the board of regents of the University of Washington; except that the consent of the board of regents of the University of Washington shall not be required with regard to any such lands which are situated within the corporate limits of any city or town and are presently zoned for residential use.
[ 1969 ex.s. c 129 s 2; 1951 c 26 s 1. Formerly RCW 79.08.102.]
Notes:
Reviser's note: 1903 c 91 s 3 referred to herein is not codified. See Index of Public Land Acts of Special or Historical Nature not codified in RCW following Title 79 RCW digest.

catchline: Use of public lands for state or city park purposes—Regents' consent, when.


title: RCW 79A.50.020

text:
The department of natural resources and the state parks and recreation commission shall fix a yearly reasonable rental for the use of public lands reserved for state park purposes, which shall be paid by the commission to the department for the particular fund for which the lands had been held in trust, and which rent shall be transmitted to the state treasurer for deposit in such fund.
[ 1988 c 128 s 59; 1951 c 26 s 2. Formerly RCW 79.08.104.]

catchline: Use of public lands for state or city park purposes—Rental—Deposit of rent.


title: RCW 79A.50.030

text:
No merchantable timber shall be cut or removed from lands reserved for state park purposes without the consent of the department of natural resources and without payment to the particular fund for which the lands are held in trust, the reasonable value thereof as fixed by the department.
[ 1988 c 128 s 60; 1951 c 26 s 3. Formerly RCW 79.08.106.]

catchline: Use of public lands for state or city park purposes—Removal of timber—Consent—Compensation.


title: RCW 79A.50.040

text:
The parks and recreation commission shall pay to the department of natural resources the full market value rental for state-owned lands acquired in trust from the United States that are used for state parks. All other state lands used by the parks and recreation commission for state parks shall be rent free.
[ 1967 ex.s. c 63 s 4. Formerly RCW 79.08.1062.]

catchline: State lands used for state parks—Trust lands, payment of full market value rental—Other lands, rent free.


title: RCW 79A.50.050

text:
The full market value shall be determined by the board of natural resources for trust lands used for state park purposes.
[ 1969 ex.s. c 189 s 1; 1967 ex.s. c 63 s 5. Formerly RCW 79.08.1064.]

catchline: State lands used for state parks—Trust lands—Determination of full market value by board of natural resources.


title: RCW 79A.50.060

text:
The full market value rental for trust lands used by the parks and recreation commission shall be a percentage of the full market value of the land and the board of natural resources shall consider in its deliberations the average percentage of return realized by the state during the preceding fiscal biennium on the invested common school permanent fund.
[ 1969 ex.s. c 189 s 2; 1967 ex.s. c 63 s 6. Formerly RCW 79.08.1066.]

catchline: State lands used for state parks—Trust lands—Full market value rental defined—Factor in determination.


title: RCW 79A.50.070

text:
Any funds appropriated to the state parks and recreation commission for payment of rental for use of state lands reserved for state park purposes during the 1969-71 biennium and received by the department of natural resources shall be deposited by the department to the applicable trust land accounts without the deduction normally applied to such revenues for management purposes.
[ 1969 ex.s. c 189 s 3. Formerly RCW 79.08.1069.]

catchline: State lands used for state parks—Certain funds appropriated for rental to be deposited without deduction for management purposes.


title: RCW 79A.50.080

text:
In order to maximize outdoor recreation opportunities for the people of the state of Washington and allow for the full utilization of state owned land, all state departments and agencies are authorized and directed to cooperate together in fully utilizing the public lands. All state departments and agencies, vested with statutory authority for utilizing land for outdoor recreation or other beneficial public uses, are authorized and directed to apply to another state department or agency holding suitable public lands for permission of use. The department or agency applied to is authorized and directed to grant permission of use to the applying department or agency if the public use of the public land would be consistent with the existing and continuing principal uses. Trust lands may be withdrawn for outdoor recreation purposes from sale or lease for other purposes by the department of natural resources pursuant to this section subject to the constraints imposed by the Washington state Constitution and the federal enabling statute. The decision regarding such consistency with existing and continuing principal uses shall be made by the agency owning or controlling such lands and which decision shall be final.
[ 1969 ex.s. c 247 s 1. Formerly RCW 79.08.1072.]

catchline: Utilization of public lands for outdoor recreational and other beneficial public uses—State agency cooperation.


title: RCW 79A.50.090

text:
The department of natural resources shall not rescind the withdrawal of public land in any existing and future state park nor sell any timber or other valuable material therefrom or grant any right-of-way or easement thereon, except as provided in the withdrawal order or for off-site drilling, without the concurrence of the state parks and recreation commission.
The department of natural resources shall have reasonable access across such lands in order to reach other public lands administered by the department of natural resources.
[ 1969 ex.s. c 247 s 2. Formerly RCW 79.08.1074.]
Notes:
State trust lands—Withdrawal—Revocation or modification of withdrawal when used for recreational purposes—Board to determine most beneficial use in accordance with policy: RCW 79A.50.100.

catchline: Department estopped from certain actions respecting state parks without concurrence of commission.


title: RCW 79A.50.100

text:
(1) A public hearing may be held prior to any withdrawal of state trust lands and shall be held prior to any revocation of withdrawal or modification of withdrawal of state trust lands used for recreational purposes by the department of natural resources or by other state agencies.
(2) The department shall cause notice of the withdrawal, revocation of withdrawal or modification of withdrawal of state trust lands as described in subsection (1) of this section to be published by advertisement once a week for four weeks prior to the public hearing in at least one newspaper published and of general circulation in the county or counties in which the state trust lands are situated, and by causing a copy of said notice to be posted in a conspicuous place in the department's Olympia office, in the district office in which the land is situated, and in the office of the county auditor in the county where the land is situated thirty days prior to the public hearing. The notice shall specify the time and place of the public hearing and shall describe with particularity each parcel of state trust lands involved in said hearing.
(3) The board of natural resources shall administer the hearing according to its prescribed rules and regulations.
(4) The board of natural resources shall determine the most beneficial use or combination of uses of the state trust lands. Its decision will be conclusive as to the matter: PROVIDED, HOWEVER, That said decisions as to uses shall conform to applicable state plans and policy guidelines adopted by the department of commerce.
[ 2023 c 470 s 2125; 1995 c 399 s 209; 1985 c 6 s 24; 1969 ex.s. c 129 s 1. Formerly RCW 79.08.1078.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Purchase of withdrawn state trust lands by state parks and recreation commission: RCW 79A.05.210.
Reconveyance of state forestland to counties for park purposes: RCW 79.22.300 through 79.22.330.

catchline: State trust lands—Withdrawal—Revocation or modification of withdrawal when used for recreational purposes—Hearing—Notice—Board to determine most beneficial use in accordance with policy.


title: RCW 79A.50.110

text:
For the purpose of securing and preserving privately owned lands for parks and recreation purposes, the department of natural resources is authorized, with the advice and approval of the state board of natural resources, to exchange any state lands of equal value for such lands. Lands acquired by exchange as herein provided shall be withdrawn from lease and sale and reserved for park and recreation purposes.
[ 1967 ex.s. c 64 s 2. Formerly RCW 79.08.109.]
Notes:
Construction—Severability—1967 ex.s. c 64: See notes following RCW 79.10.140.
Outdoor recreation facilities, construction and maintenance by department of natural resources: RCW 79.10.140.

catchline: Exchange of lands to secure private lands for parks and recreation purposes.


title: RCW 79A.55.005

text:
The legislature hereby finds that many rivers of this state, with their immediate environs, possess outstanding natural, scenic, historic, ecological, and recreational values of present and future benefit to the public. The legislature further finds that the policy of permitting the construction of dams and other impoundment facilities at appropriate sections of the rivers of this state needs to be complemented by a policy that would protect and preserve the natural character of such rivers and fulfill other conservation purposes. It is hereby declared to be the policy of this state that certain selected rivers of the state which, with their immediate environs, possess the aforementioned characteristics, shall be preserved in as natural a condition as practical and that overuse of such rivers, which tends to downgrade their natural condition, shall be discouraged.
The purpose of this chapter is to establish a program for managing publicly owned land on rivers included in the state's scenic river system, to indicate the river segments to be initially included in that system, to prescribe a procedure for adding additional components to the system, and to protect the rights of private property owners.
[ 1977 ex.s. c 161 s 1. Formerly RCW 79.72.010.]

catchline: Legislative finding—Purpose.


title: RCW 79A.55.010

text:
The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commission" means the state parks and recreation commission.
(2) "Participating local government" means the legislative authority of any city or county, a portion of whose territorial jurisdiction is bounded by or includes a river or river segment of the state's scenic river system.
(3) "River" means a flowing body of water or a section, segment, or portion thereof.
(4) "River area" means a river and the land area in its immediate environs as established by the participating agencies not exceeding a width of one-quarter mile landward from the streamway on either side of the river.
(5) "Scenic easement" means the negotiated right to control the use of land, including the air space above the land, for the purpose of protecting the scenic view throughout the visual corridor.
(6) "Streamway" means that stream-dependent corridor of single or multiple, wet or dry, channel or channels within which the usual seasonal or stormwater runoff peaks are contained, and within which environment the flora, fauna, soil, and topography is dependent on or influenced by the height and velocity of the fluctuating river currents.
(7) "System" means all the rivers and river areas in the state designated by the legislature for inclusion as scenic rivers but does not include tributaries of a designated river unless specifically included by the legislature. The inclusion of a river in the system does not mean that other rivers or tributaries in a drainage basin shall be required to be part of the management program developed for the system unless the rivers and tributaries within the drainage basin are specifically designated for inclusion by the legislature.
(8) "Visual corridor" means that area which can be seen in a normal summer month by a person of normal vision walking either bank of a river included in the system. The visual corridor shall not exceed the river area.
[ 1999 c 249 s 801; 1999 c 151 s 1701; 1994 c 264 s 64; 1988 c 36 s 57; 1987 c 57 s 1; 1984 c 7 s 371; 1977 ex.s. c 161 s 2. Formerly RCW 79.72.020.]
Notes:
Reviser's note: This section was amended by 1999 c 151 s 1701 and by 1999 c 249 s 801, 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).
Severability—1999 c 249: See note following RCW 79A.05.010.
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.

catchline: Definitions.


title: RCW 79A.55.020

text:
(1) The commission shall develop and adopt management policies for publicly owned or leased land on the rivers designated by the legislature as being a part of the state's scenic river system and within the associated river areas. The commission may adopt rules identifying river classifications which reflect the characteristics common to various segments of scenic rivers and may adopt management policies consistent with local government's shoreline management master plans appropriate for each such river classification. All such policies shall be adopted by the commission in accordance with the provisions of chapter 34.05 RCW, as now or hereafter amended. Any variance with such a policy by any public agency shall be authorized only by the approval of the commission and shall be made only to alleviate unusual hardships unique to a given segment of the system.
(2) Any policies developed pursuant to subsection (1) of this section shall include management plans for protecting ecological, economic, recreational, aesthetic, botanical, scenic, geological, hydrological, fish and wildlife, historical, cultural, archaeological, and scientific features of the rivers designated as being in the system. Such policies shall also include management plans to encourage any nonprofit group, organization, association, person, or corporation to develop and adopt programs for the purpose of increasing fish propagation.
(3) The commission shall identify on a river by river basis any publicly owned or leased lands which could be included in a river area of the system but which are developed in a manner unsuitable for land to be managed as part of the system. The commission shall exclude lands so identified from the provisions of any management policies implementing the provisions of this chapter.
(4) The commission shall determine the boundaries which shall define the river area associated with any included river. With respect to the rivers named in RCW 79A.55.070, the commission shall make such determination, and those determinations authorized by subsection (3) of this section, within one year of September 21, 1977.
(5) Before making a decision regarding the river area to be included in the system, a variance in policy, or the excluding of land from the provisions of the management policies, the commission shall hold hearings in accord with chapter 34.05 RCW, with at least one public hearing to be held in the general locale of the river under consideration. The commission shall cause to be published in a newspaper of general circulation in the area which includes the river or rivers to be considered, a description, including a map showing such river or rivers, of the material to be considered at the public hearing. Such notice shall appear at least twice in the time period between two and four weeks prior to the public hearing.
The commission shall seek and receive comments from the public regarding potential additions to the system, shall initiate studies, and may submit to any session of the legislature proposals for additions to the state scenic river system. These proposals shall be accompanied by a detailed report on the factors which, in the commission's judgment, make an area a worthy addition to the system.
[ 2009 c 187 s 6. Prior: 1999 c 249 s 802; 1999 c 151 s 1702; 1977 ex.s. c 161 s 3. Formerly RCW 79.72.030.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.

catchline: Management policies—Development—Inclusion of management plans—Identification and exclusion of unsuitably developed lands—Boundaries of river areas—Hearings—Notice—Studies—Proposals for system additions.


title: RCW 79A.55.030

text:
(1) The management program for the system shall be administered by the commission. The commission shall have the responsibility for coordinating the development of the program between affected state agencies and participating local governments, and shall develop and adopt rules, in accord with chapter 34.05 RCW, the Administrative Procedure Act, for each portion of the system, which shall implement the management policies. In developing rules for a specific river in the system, the commission shall hold at least one public hearing in the general locale of the river under consideration. The hearing may constitute the hearing required by chapter 34.05 RCW. The commission shall cause a brief summary of the proposed rules to be published twice in a newspaper of general circulation in the area that includes the river to be considered in the period of time between two and four weeks prior to the public hearing. In addition to the foregoing required publication, the commission shall also provide notice of the hearings, rules, and decisions of the commission to radio and television stations and major local newspapers in the areas that include the river to be considered.
(2) In addition to any other powers granted to carry out the intent of this chapter, the commission is authorized to: (a) Purchase, within the river area, real property in fee or any lesser right or interest in real property including, but not limited to scenic easements and future development rights, visual corridors, wildlife habitats, unique ecological areas, historical sites, camping and picnic areas, boat launching sites, and/or easements abutting the river for the purpose of preserving or enhancing the river or facilitating the use of the river by the public for fishing, boating and other water related activities; and (b) purchase, outside of a river area, public access to the river area.
The right of eminent domain shall not be utilized in any purchase made pursuant to this section.
(3) The commission is further authorized to: (a) Acquire by gift, devise, grant, or dedication the fee, an option to purchase, a right of first refusal or any other lesser right or interest in real property and upon acquisition such real property shall be held and managed within the scenic river system; and (b) accept grants, contributions, or funds from any agency, public or private, or individual for the purposes of this chapter.
(4) The commission is hereby vested with the power to obtain injunctions and other appropriate relief against violations of any provisions of this chapter and any rules adopted under this section or agreements made under the provisions of this chapter.
[ 1999 c 249 s 803; 1999 c 151 s 1703; 1989 c 175 s 169; 1977 ex.s. c 161 s 4. Formerly RCW 79.72.040.]
Notes:
Reviser's note: This section was amended by 1999 c 151 s 1703 and by 1999 c 249 s 803, 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).
Severability—1999 c 249: See note following RCW 79A.05.010.
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Administration of management program—Powers, duties, and authority of commission.


title: RCW 79A.55.040

text:
(1) All state government agencies and local governments are hereby directed to pursue policies with regard to their respective activities, functions, powers, and duties which are designed to conserve and enhance the conditions of rivers which have been included in the system, in accordance with the management policies and the rules adopted by the commission for such rivers. Local agencies are directed to pursue such policies with respect to all lands in the river area owned or leased by such local agencies. Nothing in this chapter shall authorize the modification of a shoreline management plan adopted by a local government and approved by the state pursuant to chapter 90.58 RCW without the approval of the department of ecology and local government. The policies adopted pursuant to this chapter shall be integrated, as fully as possible, with those of the shoreline management act of 1971.
(2) Nothing in this chapter shall grant to the commission the power to restrict the use of private land without either the specific written consent of the owner thereof or the acquisition of rights in real property authorized by RCW 79A.55.030.
(3) Nothing in this chapter shall prohibit the department of natural resources from exercising its full responsibilities and obligations for the management of state trust lands.
[ 1999 c 249 s 804; 1999 c 151 s 1704; 1977 ex.s. c 161 s 5. Formerly RCW 79.72.050.]
Notes:
Reviser's note: This section was amended by 1999 c 151 s 1704 and by 1999 c 249 s 804, 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).
Severability—1999 c 249: See note following RCW 79A.05.010.
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.

catchline: State agencies and local governments to pursue policies to conserve and enhance included river areas—Shoreline management act—Private lands—Trust lands.


title: RCW 79A.55.050

text:
Rivers of a scenic nature are eligible for inclusion in the system. Ideally, a scenic river:
(1) Is free-flowing without diversions that hinder recreational use;
(2) Has a streamway that is relatively unmodified by riprapping and other stream bank protection;
(3) Has water of sufficient quality and quantity to be deemed worthy of protection;
(4) Has a relatively natural setting and adequate open space;
(5) Requires some coordinated plan of management in order to enhance and preserve the river area; and
(6) Has some lands along its length already in public ownership, or the possibility for purchase or dedication of public access and/or scenic easements.
[ 1977 ex.s. c 161 s 6. Formerly RCW 79.72.060.]

catchline: Criteria for inclusion of rivers within system.


title: RCW 79A.55.060

text:
Nothing contained in this chapter shall affect the authority of the department of fish and wildlife to construct facilities or make improvements to facilitate the passage or propagation of fish nor shall anything in this chapter 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 fish or wildlife within any area designated as being in the state's scenic river system. No hunting shall be permitted in any state park.
[ 1999 c 249 s 805; 1988 c 36 s 58; 1977 ex.s. c 161 s 7. Formerly RCW 79.72.070.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.

catchline: Authority of department of fish and wildlife unaffected.


title: RCW 79A.55.070

text:
The following rivers of the state of Washington are hereby designated as being in the scenic river system of the state of Washington:
(1) The Skykomish river from the junction of the north and south forks of the Skykomish river:
(a) Downstream approximately fourteen miles to its junction with the Sultan river;
(b) Upstream approximately twenty miles on the south fork to the junction of the Tye and Foss rivers;
(c) Upstream approximately eleven miles on the north fork to its junction with Bear creek;
(2) The Beckler river from its junction with the south fork of the Skykomish river upstream approximately eight miles to its junction with Rapid river;
(3) The Tye river from its junction with the south fork of the Skykomish river upstream approximately fourteen miles to Tye Lake; and
(4) The Little Spokane river from the upstream boundary of the state park boat put-in site near Rutter parkway and downstream to its confluence with the Spokane river.
[ 1991 c 206 s 1; 1977 ex.s. c 161 s 8. Formerly RCW 79.72.080.]
Notes:
Green River Gorge conservation area: RCW 79A.05.700 through 79A.05.715.
Washington state Yakima river conservation area: RCW 79A.05.750 through 79A.05.795.

catchline: Rivers designated as part of system.


title: RCW 79A.55.080

text:
Nothing in this chapter shall preclude a section or segment of the state's scenic rivers included in the system from becoming a part of the national wild and scenic river system.
[ 1977 ex.s. c 161 s 9. Formerly RCW 79.72.090.]

catchline: Inclusion of state's scenic rivers in national wild and scenic river system not precluded.


title: RCW 79A.55.090

text:
No funds shall be expended from the limited fish and wildlife account created in RCW 77.12.170(1) or the fish, wildlife, and conservation account created in RCW 77.12.170(3) to carry out the provisions of this chapter.
[ 2020 c 148 s 26; 1988 c 36 s 59; 1977 ex.s. c 161 s 10. Formerly RCW 79.72.100.]
Notes:
Intent—Effective date—2020 c 148: See notes following RCW 77.12.170.

catchline: Funds from certain accounts not to be used.


title: RCW 79A.60.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Accredited course" means a mandatory course of instruction on boating safety education that has been approved by the commission.
(2) "Boat wastes" includes, but is not limited to, sewage, garbage, marine debris, plastics, contaminated bilge water, cleaning solvents, paint scrapings, or discarded petroleum products associated with the use of vessels.
(3) "Boater" means any person on a vessel on waters of the state of Washington.
(4) "Boater education card" means a card issued to a person who has successfully completed a boating safety education test and has paid the registration fee for a serial number record to be maintained in the commission's database.
(5) "Boating educator" means a person providing an accredited course.
(6) "Carrying passengers for hire" means carrying passengers in a vessel on waters of the state for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the vessel. This shall not include trips where expenses for food, transportation, or incidentals are shared by participants on an even basis. Anyone receiving compensation for skills or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire on waters of the state.
(7) "Certificate of accomplishment" means a form of certificate approved by the commission and issued by a boating educator to a person who has successfully completed an accredited course.
(8) "Commission" means the state parks and recreation commission.
(9) "Darkness" means that period between sunset and sunrise.
(10) "Environmentally sensitive area" means a restricted body of water where discharge of untreated sewage from boats is especially detrimental because of limited flushing, shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.
(11) "Guide" means any individual, including but not limited to subcontractors and independent contractors, engaged for compensation or other consideration by a whitewater river outfitter for the purpose of operating vessels. A person licensed under RCW 77.65.480 or 77.65.440 and acting as a fishing guide is not considered a guide for the purposes of this chapter.
(12) "Marina" means a facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.
(13) "Motor-driven boats and vessels" means all boats and vessels which are self-propelled.
(14) "Motor vessel safety operating and equipment checklist" means a printed list of the safety requirements for a vessel with a motor installed or attached to the vessel being rented, chartered, or leased and meeting minimum requirements adopted by the commission in accordance with RCW 79A.60.630.
(15) "Muffler" or "muffler system" means a sound suppression device or system, including an underwater exhaust system, designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.
(16) "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.
(17) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.
(18) "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.
(19) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.
(20) "Person" means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.
(21) "Personal flotation device" means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and that is approved by the commission.
(22) "Personal watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.
(23) "Polluted area" means a body of water used by boaters that is contaminated by boat wastes at unacceptable levels, based on applicable water quality and shellfish standards.
(24) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.
(25) "Reckless" or "recklessly" means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety, or property of another.
(26) "Rental motor vessel" means a motor vessel that is legally owned by a person that is registered as a rental and leasing agency for recreational motor vessels, and for which there is a written and signed rental, charter, or lease agreement between the owner, or owner's agent, of the vessel and the operator of the vessel.
(27) "Sewage pumpout or dump unit" means:
(a) A receiving chamber or tank designed to receive vessel sewage from a "porta-potty" or a portable container; and
(b) A stationary or portable mechanical device on land, a dock, pier, float, barge, vessel, or other location convenient to boaters, designed to remove sewage waste from holding tanks on vessels.
(28) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
(29) "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers.
(30) "Water skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.
(31) "Waters of the state" means any waters within the territorial limits of Washington state.
(32) "Whitewater river outfitter" means any person who is advertising to carry or carries passengers for hire on any whitewater river of the state, but does not include any person whose only service on a given trip is providing instruction in canoeing or kayaking skills.
(33) "Whitewater rivers of the state" means those rivers and streams, or parts thereof, within the boundaries of the state as listed in RCW 79A.60.470 or as designated by the commission under RCW 79A.60.495.
[ 2005 c 392 s 2; 2003 c 39 s 45; 2000 c 11 s 92; 1998 c 219 s 5; 1997 c 391 s 1; 1993 c 244 s 5; 1933 c 72 s 1; RRS s 9851-1. Formerly RCW 88.12.010.]
Notes:
Intent—2005 c 392: See note following RCW 79A.60.630.
Intent—1993 c 244: "It is the intent of the legislature that the boating safety laws administered by the state parks and recreation commission provide Washington's citizens with clear and reasonable boating safety regulations and penalties. Therefore, the legislature intends to recodify, clarify, and partially decriminalize the statewide boating safety laws in order to help the boating community understand and comply with these laws.
It is also the intent of the legislature to increase boat registration fees in order to provide additional funds to local governments for boating safety enforcement and education programs. The funds are to be used for enforcement, education, training, and equipment, including vessel noise measurement equipment. The legislature encourages programs that provide boating safety education in the primary and secondary school system for boat users and potential future boat users. The legislature also encourages boating safety programs that use volunteer and private sector efforts to enhance boating safety and education." [ 1993 c 244 s 1.]


title: RCW 79A.60.020

text:
(1) A violation of this chapter designated as an infraction is a misdemeanor, punishable under RCW 9.92.030, if the current violation is the person's third violation of the same provision of this chapter during the past three hundred sixty-five days.
(2) A violation designated in this chapter as a civil infraction shall constitute a civil infraction pursuant to chapter 7.84 RCW.
[ 1999 c 249 s 1501; 1993 c 244 s 6. Formerly RCW 88.12.015.]
Notes:
Severability—1999 c 249: See note following RCW 79A.05.010.
Intent—1993 c 244: See note following RCW 79A.60.010.

catchline: Violations of chapter punishable as misdemeanor—Circumstances—Violations designated as civil infractions.


title: RCW 79A.60.030

text:
A person shall not operate a vessel in a negligent manner. For the purposes of this section, to "operate in a negligent manner" means operating a vessel in disregard of careful and prudent operation, or in disregard of careful and prudent rates of speed that are no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, size of the lake or body of water, freedom from obstruction to view ahead, effects of vessel wake, and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person entitled to the use of such waters. Except as provided in RCW 79A.60.020, a violation of this section is an infraction under chapter 7.84 RCW.
[ 2000 c 11 s 93; 1993 c 244 s 7; 1933 c 72 s 2; RRS s 9851-2. Formerly RCW 88.12.020.]
Notes:
Intent—1993 c 244: See note following RCW 79A.60.010.

catchline: Operation of vessel in a negligent manner—Penalty.


title: RCW 79A.60.040

text:
(1) It is unlawful for any person to operate a vessel in a reckless manner.
(2) It is unlawful for a person to operate a vessel while under the influence of intoxicating liquor, cannabis, or any drug. A person is considered to be under the influence of intoxicating liquor, cannabis, or any drug if, within two hours of operating a vessel:
(a) The person has an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) The person is under the influence of or affected by intoxicating liquor, cannabis, or any drug; or
(d) The person is under the combined influence of or affected by intoxicating liquor, cannabis, and any drug.
(3) The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.
(4)(a) Any person who operates a vessel within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of the person's breath for the purpose of determining the alcohol concentration in the person's breath if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person was operating a vessel while under the influence of intoxicating liquor or a combination of intoxicating liquor and any other drug.
(b) When an arrest results from an accident in which there has been serious bodily injury to another person or death or the arresting officer has reasonable grounds to believe the person was operating a vessel while under the influence of THC or any other drug, a blood test may be administered with the consent of the arrested person and a valid waiver of the warrant requirement or without the consent of the person so arrested pursuant to a search warrant or when exigent circumstances exist.
(c) Neither consent nor this section precludes a police officer from obtaining a search warrant for a person's breath or blood.
(d) An arresting officer may administer field sobriety tests when circumstances permit.
(5) The test or tests of breath must be administered pursuant to RCW 46.20.308. The officer shall warn the person that if the person refuses to take the test, the person will be issued a class 1 civil infraction under RCW 7.80.120.
(6) A violation of subsection (1) of this section is a misdemeanor. A violation of subsection (2) of this section is a gross misdemeanor. In addition to the statutory penalties imposed, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.
(7) For the purposes of this subsection, "cannabis" has the meaning provided in RCW 69.50.101.
[ 2022 c 16 s 136; 2014 c 132 s 1; 2013 c 278 s 1; 1998 c 213 s 7; 1993 c 244 s 8. Prior: 1990 c 231 s 3; 1990 c 31 s 1; 1987 c 373 s 6; 1986 c 153 s 6; 1985 c 267 s 2. Formerly RCW 88.12.025, 88.12.100, and 88.02.095.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—1998 c 213: See note following RCW 46.20.308.
Intent—1993 c 244: See note following RCW 79A.60.010.
Effective date—Severability—1990 c 231: See notes following RCW 79A.60.170.
Legislative finding, purpose—Severability—1987 c 373: See notes following RCW 46.61.502.

catchline: Operation of vessel in a reckless manner—Operation of a vessel under the influence of intoxicating liquor, cannabis, or any drug—Consent to breath or blood test—Penalty.