title: RCW 47.28.030

text:
(1)(a) A state highway shall be constructed, altered, repaired, or improved, and improvements located on property acquired for right-of-way purposes may be repaired or renovated pending the use of such right-of-way for highway purposes, by contract or state forces. The work or portions thereof may be done by state forces when the estimated costs thereof are less than $100,000.
(b) When delay of performance of such work would jeopardize a state highway or constitute a danger to the traveling public, the work may be done by state forces when the estimated cost thereof is less than the inflation adjusted amount for this purpose. The inflation adjusted amount is $160,000 until January 1, 2027. Beginning January 1, 2027, the department must annually calculate the adjustment to this amount using the national highway construction cost index and must publish the current amount on its website.
(c) When the department of transportation determines to do the work by state forces, it shall enter a statement upon its records to that effect, stating the reasons therefor.
(d) To enable a larger number of small businesses and veteran, minority, and women contractors to effectively compete for department of transportation contracts, the department may adopt rules providing for bids and award of contracts for the performance of work, or furnishing equipment, materials, supplies, or operating services whenever any work is to be performed and the engineer's estimate indicates the cost of the work would not exceed $160,000.
(2) The rules adopted under this section:
(a) Shall provide for competitive bids to the extent that competitive sources are available except when delay of performance would jeopardize life or property or inconvenience the traveling public; and
(b) Need not require the furnishing of a bid deposit nor a performance bond, but if a performance bond is not required then progress payments to the contractor may be required to be made based on submittal of paid invoices to substantiate proof that disbursements have been made to laborers, material suppliers, mechanics, and subcontractors from the previous partial payment; and
(c) May establish prequalification standards and procedures as an alternative to those set forth in RCW 47.28.070, but the prequalification standards and procedures under RCW 47.28.070 shall always be sufficient.
(3) The department of transportation shall comply with such goals and rules as may be adopted by the office of minority and women's business enterprises to implement chapter 39.19 RCW with respect to contracts entered into under this chapter. The department may adopt such rules as may be necessary to comply with the rules adopted by the office of minority and women's business enterprises under chapter 39.19 RCW.
(4)(a) Work for less than $100,000 may be performed on ferry vessels and terminals by state forces. During the 2025-2027 fiscal biennium, work for less than $400,000 may be performed on ferry vessels and terminals by state forces.
(b) When the estimated cost of work to be performed on ferry vessels and terminals is between $100,000 and $200,000, or between $500,000 and $750,000 during the 2025-2027 fiscal biennium, the department shall contact, by mail or email, contractors that appear on the department's small works roster as created pursuant to procedures in chapter 39.04 RCW to do specific work the contractors are qualified to do to determine if any contractor is interested and capable of doing the work. If there is a response of interest within 72 hours, the small works roster procedures commence. If no qualified contractors respond with interest and availability to do the work, the department may use its regular contracting procedures. If the secretary determines that the work to be completed is an emergency, procedures governing emergencies apply.
(c) The department shall hire a disinterested, third party to conduct an independent analysis to identify methods of reducing out-of-service times for vessel maintenance, preservation, and improvement projects. The analysis must include options that consider consolidating work while vessels are at shipyards by having state forces perform services traditionally performed at Eagle Harbor at the shipyard and decreasing the allowable time at shipyards. The analysis must also compare the out-of-service vessel times of performing services by state forces versus contracting out those services which in turn must be used to form a recommendation as to what the threshold of work performed on ferry vessels and terminals by state forces should be. This analysis must be presented to the transportation committees of the senate and house of representatives by December 1, 2010.
(d) The department shall develop a proposed ferry vessel maintenance, preservation, and improvement program and present it to the transportation committees of the senate and house of representatives by December 1, 2010. The proposed program must:
(i) Improve the basis for budgeting vessel maintenance, preservation, and improvement costs and for projecting those costs into a 16-year financial plan;
(ii) Limit the amount of planned out-of-service time to the greatest extent possible, including options associated with department staff as well as commercial shipyards; and
(iii) Be based on the service plan in the capital plan, recognizing that vessel preservation and improvement needs may vary by route.
(e) In developing the proposed ferry vessel maintenance, preservation, and improvement program, the department shall consider the following, related to reducing vessel out-of-service time:
(i) The costs compared to benefits of Eagle Harbor repair and maintenance facility operations options to include staffing costs and benefits in terms of reduced out-of-service time;
(ii) The maintenance requirements for on-vessel staff, including the benefits of a systemwide standard;
(iii) The costs compared to benefits of staff performing preservation or maintenance work, or both, while the vessel is underway, tied up between sailings, or not deployed;
(iv) A review of the department's vessel maintenance, preservation, and improvement program contracting process and contractual requirements;
(v) The costs compared to benefits of allowing for increased costs associated with expedited delivery;
(vi) A method for comparing the anticipated out-of-service time of proposed projects and other projects planned during the same construction period;
(vii) Coordination with required United States coast guard dry dockings;
(viii) A method for comparing how proposed projects relate to the service requirements of the route on which the vessel normally operates; and
(ix) A method for evaluating the ongoing maintenance and preservation costs associated with proposed improvement projects.
[ 2026 c 257 s 707; 2026 c 125 s 1; 2025 c 416 s 719; 2015 c 282 s 1; 2014 c 222 s 701; 2011 c 367 s 710. Prior: 2010 c 283 s 9; 2010 c 5 s 11; 2007 c 218 s 90; 1999 c 15 s 1; 1984 c 194 s 1; 1983 c 120 s 15; 1977 ex.s. c 225 s 3; 1973 c 116 s 1; 1971 ex.s. c 78 s 1; 1969 ex.s. c 180 s 2; 1967 ex.s. c 145 s 40; 1961 c 233 s 1; 1961 c 13 s 47.28.030; prior: 1953 c 29 s 1; 1949 c 70 s 1, part; 1943 c 132 s 1, part; 1937 c 53 s 41, part; Rem. Supp. 1949 s 6400-41, part.]
Notes:
Reviser's note: This section was amended by 2026 c 125 s 1 and by 2026 c 257 s 707, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2026 c 257: See note following RCW 46.01.385.
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2015 c 282: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2015." [ 2015 c 282 s 2.]
Contingent effective date—2014 c 222 s 701: "Section 701 of this act takes effect if *chapter . . . (Engrossed House Bill No. 2684), Laws of 2014 (ferry vessel and terminal work) is not enacted by April 15, 2014." [ 2014 c 222 s 802.]
*Reviser's note: Engrossed House Bill No. 2684 was not enacted by April 15, 2014.
Effective date—2014 c 222: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 4, 2014]." [ 2014 c 222 s 804.]
Effective date—2011 c 367: See note following RCW 46.68.060.
Findings—Intent—Effective date—2010 c 283: See notes following RCW 47.60.355.
Purpose—Construction—2010 c 5: See notes following RCW 43.60A.010.
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Effective date—Applicability—Severability—Conflict with federal requirements—1983 c 120: See RCW 39.19.910 and 39.19.920.
Office of minority and women's business enterprises: Chapter 39.19 RCW.

catchline: Contracts—State forces—Monetary limits—Small businesses, veteran, minority, and women contractors—Rules—Work on ferry vessels and terminals, ferry vessel program.


doc_type: statute

jurisdiction: wa

title: RCW 47.28.035

text:
The cost of any project for the purposes of RCW 47.28.030 shall be the aggregate of all amounts to be paid for labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously. The department shall not permit the construction of any project by state forces by dividing a project into units of work or classes of work to give the appearance of compliance with RCW 47.28.030.
[ 1984 c 194 s 2.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Cost of project, defined.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 47.28.040

text:
Before entering into any contract for the construction, alteration, repair, or improvement of any state highway the department shall cause the highway to be surveyed throughout the entire length of the proposed construction, alteration, repair, or improvement and cause to be prepared maps, plans, and specifications, together with an estimate of the cost of the proposed work, and such information and directions as will enable a contractor to carry them out. The maps, plans, specifications, and directions shall be approved by the department and a copy thereof filed permanently in the department's office.
[ 1984 c 7 s 167; 1961 c 13 s 47.28.040. Prior: 1937 c 53 s 32, part; RRS s 6400-32, part.]

catchline: Precontract preparation of maps, plans, and specifications—Filing.


title: RCW 47.28.050

text:
Except as may be provided by rules and regulations adopted under RCW 47.28.030 as now or hereafter amended the department of transportation shall publish a call for bids for the construction of the highway according to the maps, plans, and specifications, once a week for at least two consecutive weeks, next preceding the day set for receiving and opening the bids, in not less than one trade paper of general circulation in the state. The call shall state the time, place, and date for receiving and opening the bids, give a brief description of the location and extent of the work, and contain such special provisions or specifications as the department deems necessary. When necessary to implement chapter 39.19 RCW and the rules adopted to implement that chapter, the department shall include in its call for bids provisions or specifications requiring bidders to comply with chapter 39.19 RCW and the rules adopted to implement it: PROVIDED, That when the estimated cost of any contract to be awarded is less than fifty thousand dollars, the call for bids need only be published in at least one paper of general circulation in the county where the major part of the work is to be performed: PROVIDED FURTHER, That when the estimated cost of a contract to be awarded is seven thousand five hundred dollars or less, including the cost of materials, supplies, engineering, and equipment, the department of transportation need not publish a call for bids: PROVIDED FURTHER, That after a bid call has been advertised for two consecutive weeks it may be postponed and the bids opened one week later.
[ 1983 c 120 s 16; 1979 ex.s. c 69 s 1; 1977 c 65 s 1; 1973 c 116 s 2; 1969 ex.s. c 180 s 1; 1961 c 13 s 47.28.050. Prior: 1959 c 319 s 33; 1955 c 147 s 1; 1937 c 53 s 33; RRS s 6400-33.]
Notes:
Effective date—Applicability—Severability—Conflict with federal requirements—1983 c 120: See RCW 39.19.910 and 39.19.920.
Office of minority and women's business enterprises: Chapter 39.19 RCW.

catchline: Call for bids.


title: RCW 47.28.060

text:
Any person, firm, or corporation is entitled to receive copies of the maps, plans, specifications, and directions for any work upon which call for bids has been published, upon request therefor and subsequent payment to the department of a reasonable sum as required by the department in the call for bids for each copy of such maps, plans, and specifications. Any money so received shall be certified by the department to the state treasurer and deposited to the credit of the motor vehicle fund. The department may deliver with or without charge informational copies of maps, plans, specifications, and directions at such places as it may designate.
[ 1985 c 242 s 1; 1984 c 7 s 168; 1971 c 36 s 1; 1965 ex.s. c 64 s 1; 1961 c 13 s 47.28.060. Prior: 1937 c 53 s 34; RRS s 6400-34.]

catchline: Copy of map, plans, etc.—Charge.


title: RCW 47.28.070

text:
Bid proposals upon any construction or improvement of any state highway shall be made upon contract proposal form supplied by the department and in no other manner. The department shall, before furnishing any person, firm, or corporation desiring to bid upon any work for which a call for bid proposals has been published with a contract proposal form, require from the person, firm, or corporation, answers to questions contained in a standard form of questionnaire and financial statement, including a complete statement of the financial ability and experience of the person, firm, or corporation in performing state highway, road, or other public work. The questionnaire and financial statement shall be sworn to before a notary public or other person authorized to take acknowledgment of deeds, and shall be submitted once a year and at such other times as the department may require. Whenever the department is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement or whenever the department determines that the person, firm, or corporation does not meet all of the requirements set forth in this section it may refuse to furnish the person, firm, or corporation with a contract proposal form, and any bid proposal of the person, firm, or corporation must be disregarded. In order to obtain a contract proposal form, a person, firm, or corporation shall have all of the following requirements:
(1) Adequate financial resources or the ability to secure such resources;
(2) The necessary experience, organization, and technical qualifications to perform the proposed contract;
(3) The ability to comply with the required performance schedule taking into consideration all of its existing business commitments;
(4) A satisfactory record of performance, integrity, judgment, and skills; and
(5) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.
The refusal is conclusive unless appeal therefrom to the superior court of Thurston county is taken within five days, which appeal shall be heard summarily within ten days after it is taken and on five days' notice thereof to the department.
[ 1984 c 7 s 169; 1967 ex.s. c 145 s 39; 1961 c 13 s 47.28.070. Prior: 1937 c 53 s 35; RRS s 6400-35.]

catchline: Form of bid—Data required—Requirements—Refusal to furnish form—Appeal.


title: RCW 47.28.075

text:
The department of transportation shall not be required to make available for public inspection and copying financial information supplied by any person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for highway construction or improvement as required by RCW 47.28.070.
[ 1981 c 215 s 1.]

catchline: Financial information not open to public inspection.


title: RCW 47.28.080

text:
Any person, firm, or corporation proposing a bid for the construction or improvement of any state highway in response to a call for bids published therefor may withdraw the bid proposal without forfeiture and without prejudice to the right of the bidder to file a new bid proposal before the time fixed for the opening of the bid proposals. The request for the withdrawal shall be made in writing, signed by the person proposing the bid or his or her duly authorized agent, and filed at the place and before the time fixed in the call for bids for receipt of the bid proposals. No bid proposal may be considered that has not been filed with the department before the time fixed for the receipt of bid proposals. In any provisions regarding the filing or withdrawing of bid proposals the time fixed for the receipt of bid proposals in the call for bid proposals as published shall control without regard for the time when the bid proposals are actually opened.
[ 2010 c 8 s 10009; 1985 c 242 s 2; 1984 c 7 s 170; 1961 c 13 s 47.28.080. Prior: 1937 c 53 s 36; RRS s 6400-36.]

catchline: Withdrawal of bids—New bids—Time fixed in call controls.


title: RCW 47.28.090

text:
At the time and place named in the call for bids the department of transportation shall publicly open and read the final figure in each of the bid proposals that have been properly filed and read only the unit prices of the three lowest bids, and shall award the contract to the lowest responsible bidder unless the department has, for good cause, continued the date of opening bids to a day certain, or rejected that bid. Any bid may be rejected if the bidder has previously defaulted in the performance of and failed to complete a written public contract, or has been convicted of a crime arising from a previous public contract. If the lowest responsible bidder fails to meet the provisions or specifications requiring compliance with chapter 39.19 RCW and the rules adopted to implement that chapter, the department may award the contract to the next lowest responsible bidder which does meet the provisions or specifications or may reject all bids and readvertise. All bids shall be under sealed cover and accompanied by deposit in cash, certified check, cashier's check, or surety bond in an amount equal to five percent of the amount of the bid, and a bid shall not be considered unless the deposit is enclosed with it.
[ 1985 c 242 s 3; 1983 c 120 s 17; 1971 ex.s. c 21 s 2; 1961 c 13 s 47.28.090. Prior: 1955 c 83 s 1; 1949 c 64 s 1; 1937 c 53 s 37; Rem. Supp. 1949 s 6400-37.]
Notes:
Effective date—Applicability—Severability—Conflict with federal requirements—1983 c 120: See RCW 39.19.910 and 39.19.920.
Office of minority and women's business enterprises: Chapter 39.19 RCW.

catchline: Opening of bids and award of contract—Deposit.


title: RCW 47.28.100

text:
If the successful bidder fails to enter into the contract and furnish satisfactory bond as provided by law within twenty days from the award, exclusive of the day of the award, his or her deposit shall be forfeited to the state and deposited by the state treasurer to the credit of the motor vehicle fund, and the department may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to enter into the contract and furnish bond within twenty days after award to him or her, forfeiture of his or her deposit shall also be made, and the contract may be awarded to the third lowest responsible bidder, and in like manner until the contract and bond are executed by a responsible bidder to whom award is made, or further bid proposals are rejected, or the number of bid proposals are exhausted. If the contract is not executed or no contractor's bond provided within the time required, and there appear circumstances that are deemed to warrant an extension of time, the department may extend the time for execution of the contract or furnishing bond for not to exceed twenty additional days. After awarding the contract the deposits of unsuccessful bidders shall be returned, but the department may retain the deposit of the next lowest responsible bidder or bidders as it desires until such time as the contract is entered into and satisfactory bond is provided by the bidder to whom the award is ultimately made. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project.
If in the opinion of the department the acceptance of the bid of the lowest responsible bidder or bidders, or on prior failure of the lowest responsible bidder or bidders the acceptance of the bid of the remaining lowest responsible bidder or bidders, will not be for the best interest of the state, it may reject all bids or all remaining bids and republish a call for bids in the same manner as for an original publication thereof.
[ 1996 c 18 s 8; 1984 c 7 s 171; 1961 c 13 s 47.28.100. Prior: 1953 c 53 s 1; 1937 c 53 s 38; RRS s 6400-38.]

catchline: Failure or rejection of bidder.


title: RCW 47.28.110

text:
At any time and as often as it may be deemed necessary, the department may require any or all sureties or any surety company to appear and qualify themselves upon any contractor's bond. Whenever the surety or sureties upon any contractor's bond become insufficient or are deemed by the department to have become insufficient, the department may demand in writing that the contracting person, firm, or corporation furnish such further contractor's bond or bonds or additional surety in an amount not exceeding that originally required as may be deemed necessary considering the extent of the work remaining to be done upon the contract. No further payments may be made on the contract until such additional surety as is required is furnished.
[ 1984 c 7 s 172; 1961 c 13 s 47.28.110. Prior: 1937 c 53 s 39; RRS s 6400-39.]


title: RCW 47.28.120

text:
Any contracting person, firm, or corporation performing any labor or furnishing any materials upon their contract or otherwise for public work or improvement under the direction of the department or any person claiming any right of action upon any such contract with the state of Washington or who claims a cause of action against the state of Washington arising out of any such contract must bring such suit in the proper court in Thurston county before the expiration of one hundred and eighty days from and after the final acceptance and the approval of the final estimate of such work by the department; otherwise the action is forever barred.
[ 1984 c 7 s 173; 1961 c 13 s 47.28.120. Prior: 1937 c 53 s 40; RRS s 6400-40.]

catchline: Actions for labor and materials—Limitation of action.


title: RCW 47.28.140

text:
When in the opinion of the governing authorities representing the department and any public agency, instrumentality, municipal corporation, or political subdivision of the state of Washington, any highway, road, street, or urban public transportation system will be benefited or improved by constructing, reconstructing, locating, relocating, laying out, repairing, surveying, altering, improving, or maintaining, or by the establishment adjacent to, under, upon, within, or above any portion of any such highway, road, street, or urban public transportation system, by either the department or any public agency, instrumentality, municipal corporation, or political subdivision of the state, and it is in the public interest to do so, the authorities may enter into cooperative agreements wherein either agrees to perform the work and furnish the materials necessary and pay the cost thereof, including necessary engineering assistance, which costs and expenses must be reimbursed by the party whose responsibility it was to do or perform the work or improvement in the first instance. The work may be done by either day labor or contract, and the cooperative agreement between the parties must provide for the method of reimbursement. In the case of some special benefit or improvement to a state highway derived from any project that assists in preventing or minimizing flood damages as defined in RCW 86.16.120 or from the construction of any public works project, including any urban public transportation system, the department may contribute to the cost thereof by making direct payment to the particular state department, agency, instrumentality, municipal corporation, or political subdivision on the basis of benefits received, but such payment may be made only after a cooperative agreement has been entered into for a specified amount or on an actual cost basis prior to the commencement of the particular public works project.
[ 2013 c 113 s 7; 1991 c 322 s 29; 1984 c 7 s 174; 1967 c 108 s 6; 1961 c 13 s 47.28.140. Prior: 1955 c 384 s 8.]
Notes:
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
Urban public transportation system defined: RCW 47.04.082.

catchline: Highway, public transportation improvements, flood damage prevention—Cooperative agreements.


title: RCW 47.28.150

text:
Notwithstanding any of the provisions of RCW 81.53.090, where the cost of constructing an overpass or underpass which is part of the state highway system has been paid for in whole or in part by the use of federal funds, the state shall at its expense maintain the entire overpass structure and the approaches thereto, and the railroad company shall at its expense maintain the entire underpass structure, including the approaches thereto. The state shall at its expense maintain the roadway, and the railroad company shall at its expense maintain its roadbed and tracks on or under all such structures.
[ 1961 c 13 s 47.28.150. Prior: 1959 c 319 s 34.]

catchline: Underpasses, overpasses constructed with federal funds—Maintenance cost apportionment.


title: RCW 47.28.170

text:
(1) Whenever the department finds that as a consequence of accident, natural disaster, or other emergency, an existing state highway is in jeopardy or is rendered impassible in one or both directions and the department further finds that prompt reconstruction, repair, or other work is needed to preserve or restore the highway for public travel, or when the department is preparing to conduct the repair or replacement of a state bridge deemed structurally deficient, as defined in RCW 47.04.010, by the department, the department may obtain at least three written bids for the work without publishing a call for bids, and the secretary of transportation may award a contract forthwith to the lowest responsible bidder.
The department shall notify any association or organization of contractors filing a request to regularly receive notification. Notification to an association or organization of contractors shall include: (a) The location of the work to be done; (b) the general anticipated nature of the work to be done; and (c) the date determined by the department as reasonable in view of the nature of the work and emergent nature of the problem after which the department will not receive bids.
(2) Whenever the department finds it necessary to protect a highway facility from imminent damage or to perform emergency work to reopen a highway facility, the department may contract for such work on a negotiated basis not to exceed force account rates for a period not to exceed thirty working days.
(3) The secretary shall review any contract exceeding seven hundred thousand dollars awarded under subsection (1) or (2) of this section with the office of financial management within thirty days of the contract award.
(4) Any person, firm, or corporation awarded a contract for work must be prequalified pursuant to RCW 47.28.070 and may be required to furnish a bid deposit or performance bond.
(5) A city, town, or county may use the contracting process available to the department under subsection (1) of this section for the repair or replacement of a bridge deemed structurally deficient, as defined in RCW 43.21C.470.
(6) This section does not prevent the department from notifying contractors, that are not otherwise notified pursuant to subsection (1) of this section, of the availability of work that the department intends to contract for under this section.
[ 2015 3rd sp.s. c 10 s 4; 2015 c 144 s 2; 2006 c 334 s 23; 1990 c 265 s 1; 1984 c 7 s 175; 1971 ex.s. c 89 s 1.]
Notes:
Reviser's note: This section was amended by 2015 c 144 s 2 and by 2015 3rd sp.s. c 10 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Findings—Intent—2015 3rd sp.s. c 10: See notes following RCW 43.21C.480.
Effective date—2006 c 334: See note following RCW 47.01.051.

catchline: Emergency protection and restoration of highways and repair or replacement of structurally deficient state bridges.


title: RCW 47.28.220

text:
(1) A contract awarded in whole or in part for the purchase of compost products as a soil cover or soil amendment to state highway rights-of-way shall specify that compost products be purchased in accordance with the following schedule:
(a) For the period July 1, 1996, through June 30, 1997, twenty-five percent of the total dollar amount purchased;
(b) For the period July 1, 1998, through June 30, 1999, fifty percent of the total dollar amount purchased. The percentages in this subsection apply to the materials' value and include services or other materials.
(2) In order to carry out the provisions of this section, the department of transportation shall develop and adopt bid specifications for compost products used in state highway construction projects.
(3)(a) For purposes of this section, "compost products" means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical conversion of biosolids or cellulose-containing waste materials.
(b) For purposes of this section, "biosolids" means municipal sewage sludge or septic tank septage sludge that meets the requirements of chapter 70A.226 RCW.
[ 2021 c 65 s 55; 1996 c 198 s 4; 1992 c 174 s 14; 1991 c 297 s 14.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Compost products.


title: RCW 47.28.241

text:
The definitions in this section apply throughout RCW 47.28.251 and * 41.06.380 unless the context clearly requires otherwise.
(1) "Construction services" means those services that aid in the delivery of the highway construction program and include, but are not limited to, real estate services and construction engineering services.
(2) "Construction engineering services" include, but are not limited to, construction management, construction administration, materials testing, materials documentation, contractor payments and general administration, construction oversight, and inspection and surveying.
[ 2003 c 363 s 102.]
Notes:
*Reviser's note: RCW 41.06.380 was repealed by 2002 c 354 s 403, effective July 1, 2005.
Part headings not law—2003 c 363: "Part headings used in this act are not part of the law." [ 2003 c 363 s 308.]
Severability—2003 c 363: "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." [ 2003 c 363 s 309.]

catchline: Alternative delivery of construction services—Definitions.


title: RCW 47.28.251

text:
(1) The department of transportation shall work with representatives of transportation labor groups to develop a financial incentive program to aid in retention and recruitment of employee classifications where problems exist and program delivery is negatively affected. The department's financial incentive program must be reviewed and approved by the legislature before it can be implemented. This program must support the goal of enhancing project delivery timelines as outlined in section 101, chapter 363, Laws of 2003. Upon receiving approval from the legislature, the office of financial management shall implement, as required, specific aspects of the financial incentive package, as developed by the department of transportation.
(2) Notwithstanding chapter 41.06 RCW, the department of transportation may acquire services from qualified private firms in order to deliver the transportation construction program to the public. Services may be acquired solely for augmenting the department's workforce capacity and only when the department's transportation construction program cannot be delivered through its existing or readily available workforce. The department of transportation shall work with representatives of transportation labor groups to develop and implement a program identifying those projects requiring contracted services while establishing a program as defined in subsection (1) of this section to provide the classified personnel necessary to deliver future construction programs. The procedures for acquiring construction engineering services from private firms may not be used to displace existing state employees nor diminish the number of existing classified positions in the present construction program. The acquisition procedures must be in accordance with chapter 39.80 RCW.
(3) Starting in December 2004, and biennially thereafter, the secretary shall report to the transportation committees of the legislature on the use of construction engineering services from private firms authorized under this section. The information provided to the committees must include an assessment of the benefits and costs associated with using construction engineering services, or other services, from private firms, and a comparison of public versus private sector costs. The secretary may act on these findings to ensure the most cost-effective means of service delivery.
[ 2011 1st sp.s. c 43 s 477; 2003 c 363 s 103.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Finding—Intent—2003 c 363 ss 103 and 104: "The legislature finds that there is a pressing need for additional transportation projects to meet the mobility needs of Washington's citizens. With major new investments approved to meet these pressing needs, additional workforce assistance is necessary to ensure and enhance project delivery timelines. Recruiting and retaining a high quality workforce, and implementing new and innovative procedures for delivering these transportation projects, is required to accomplish them on a timely basis that best serves the public. It is the intent of sections 103 and 104 of this act that no state employees will lose their employment as a result of implementing new and innovative project delivery procedures." [ 2003 c 363 s 101.]
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.

catchline: Alternative delivery of construction services—Financial incentives—Private contracting—Reports.


title: RCW 47.28.260

text:
When the department plans to administer a contract to engineer or construct a project; or oversee or perform work for another public agency, instrumentality, municipal corporation, or political subdivision; and the public agency, instrumentality, municipal corporation, or political subdivision plans to administer a contract to engineer or construct a project; or oversee or perform work, for the department, the department may waive application of its indirect costs by entering into a reciprocal agreement with the public agency, instrumentality, municipal corporation, or political subdivision in which each party agrees to waive indirect costs related to a project or work that will be performed by the party for the other party's benefit. The reciprocal agreement must specify the project or work to be performed by each party and may be for a maximum term of ten years, unless amended by the parties. Each party's obligation for reimbursement of indirect costs under RCW 47.28.140, 39.34.130, and 43.09.210 is deemed to be satisfied by the execution of a reciprocal agreement.
[ 2013 c 113 s 8.]

catchline: Reciprocal agreement—Waiver of indirect costs.


title: RCW 47.30.005

text:
For the purposes of this chapter, "trail" or "path" means a public way constructed primarily for and open to pedestrians, equestrians, or bicyclists, or any combination thereof, other than a sidewalk constructed as a part of a city street or county road for the exclusive use of pedestrians. The term "trail" or "path" also includes a widened shoulder of a highway, street, or road when the extra shoulder width is constructed to accommodate bicyclists consistent with a comprehensive plan or master plan for bicycle trails or paths adopted by a state or local governmental authority either prior to such construction or prior to January 1, 1980.
[ 1979 ex.s. c 121 s 4.]

catchline: Definitions.


title: RCW 47.30.010

text:
(1) No limited access highway shall be constructed that will result in the severance or destruction of an existing recreational trail of substantial usage for pedestrians, equestrians or bicyclists unless an alternative recreational trail, satisfactory to the authority having jurisdiction over the trail being severed or destroyed, either exists or is reestablished at the time the limited access highway is constructed. If a proposed limited access highway will sever a planned recreational trail which is part of a comprehensive plan for trails adopted by a state or local governmental authority, and no alternative route for the planned trail exists which is satisfactory to the authority which adopted the comprehensive plan for trails, the state or local agency proposing to construct the limited access highway shall design the facility and acquire sufficient right-of-way to accommodate future construction of the portion of the trail which will properly lie within the highway right-of-way. Thereafter when such trail is developed and constructed by the authority having jurisdiction over the trail, the state or local agency which constructed the limited access highway shall develop and construct the portion of such trail lying within the right-of-way of the limited access highway.
(2) Where a highway other than a limited access highway crosses a recreational trail of substantial usage for pedestrians, equestrians, or bicyclists, signing sufficient to insure safety shall be provided.
(3) Where the construction or reconstruction of a highway other than a limited access highway would destroy the usefulness of an existing recreational trail of substantial usage for pedestrians, equestrians, or bicyclists or of a planned recreational trail for pedestrians, equestrians, or bicyclists incorporated into the comprehensive plans for trails of the state or any of its political subdivisions, replacement land, space, or facilities shall be provided and where such recreational trails exist at the time of taking, reconstruction of said recreational trails shall be undertaken.
[ 1971 ex.s. c 130 s 1.]

catchline: Recreational trail interference.


title: RCW 47.30.020

text:
Facilities for pedestrians, equestrians, or bicyclists shall be incorporated into the design of highways and freeways along corridors where such facilities do not exist upon a finding that such facilities would be of joint use and conform to the comprehensive plans of public agencies for the development of such facilities, will not duplicate existing or proposed routes, and that safety to both motorists and to pedestrians, equestrians, and bicyclists would be enhanced by the segregation of traffic.
In planning and design of all highways, every effort shall be made consistent with safety to promote joint usage of rights-of-way for trails and paths in accordance with the comprehensive plans of public agencies.
[ 1971 ex.s. c 130 s 2.]

catchline: Facilities for nonmotorized traffic—Joint usage of rights-of-way.


title: RCW 47.30.030

text:
Where an existing highway severs, or where the right-of-way of an existing highway accommodates a trail for pedestrians, equestrians, or bicyclists or where the separation of motor vehicle traffic from pedestrians, equestrians, or bicyclists will materially increase the motor vehicle safety, the provision of facilities for pedestrians, equestrians, or bicyclists which are a part of a comprehensive trail plan adopted by federal, state, or local governmental authority having jurisdiction over the trail is hereby authorized. The department of transportation, or the county or city having jurisdiction over the highway, road, or street, or facility is further authorized to expend reasonable amounts out of the funds made available to them, according to the provisions of RCW 46.68.090, as necessary for the planning, accommodation, establishment, and maintenance of such facilities.
[ 1999 c 269 s 10; 1979 ex.s. c 121 s 1; 1974 ex.s. c 141 s 12; 1972 ex.s. c 103 s 2.]
Notes:
Effective date—1999 c 269: See note following RCW 36.78.070.
Severability—1972 ex.s. c 103: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1972 ex.s. c 103 s 8.]

catchline: Facilities for nonmotorized traffic—Expenditure of available funds.


title: RCW 47.30.040

text:
Before establishing paths and trails, the following factors shall be considered:
(1) Public safety;
(2) The cost of such paths and trails as compared to the need or probable use;
(3) Inclusion of the trail in a plan for a comprehensive trail system adopted by a city or county in a state or federal trails plan.
[ 1972 ex.s. c 103 s 3.]
Notes:
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.

catchline: Establishing paths and trails—Factors to be considered.


title: RCW 47.30.050

text:
(1) The amount expended by a city, town, or county as authorized by RCW 47.30.030 shall never in any one fiscal year be less than 0.42 percent of the total amount of funds received from the motor vehicle fund according to RCW 46.68.090. However, this section does not apply to a city or town in any year in which the 0.42 percent equals five hundred dollars or less, or to a county in any year in which the 0.42 percent equals three thousand dollars or less. Also, a city, town, or county in lieu of expending the funds each year may credit the funds to a financial reserve or special fund, to be held for not more than ten years, and to be expended for the purposes required or permitted by RCW 47.30.030.
(2) In each fiscal year the department of transportation shall expend, as a minimum, for the purposes mentioned in RCW 47.30.030 a sum equal to three-tenths of one percent of all funds, both state and federal, expended for the construction of state highways in such year, or in order to more efficiently program trail improvements the department may defer any part of such minimum trail or path expenditures for a fiscal year for a period not to exceed four years after the end of such fiscal year. Any fiscal year in which the department expends for trail or path purposes more than the minimum sum required by this subsection, the amount of such excess expenditure shall constitute a credit which may be carried forward and applied to the minimum trail and path expenditure requirements for any of the ensuing four fiscal years.
(3) The department of transportation, a city, or a county in computing the amount expended for trails or paths under their respective jurisdictions may include the cost of improvements consistent with a comprehensive plan or master plan for bicycle trails or paths adopted by a state or local governmental authority either prior to such construction or prior to January 1, 1980.
[ 1999 c 269 s 11; 1979 ex.s. c 121 s 2; 1972 ex.s. c 103 s 4.]
Notes:
Effective date—1999 c 269: See note following RCW 36.78.070.
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.
Perpetual advanced six-year plans for coordinated transportation program, expenditures—Nonmotorized transportation—Railroad right-of-way: RCW 36.81.121.

catchline: Expenditures for paths and trails—Minimum amount.


title: RCW 47.30.060

text:
For the purposes of this chapter, the establishment of paths and trails and the expenditure of funds as authorized by RCW 47.30.030, as now or hereafter amended, shall be deemed to be for highway, road, and street purposes. The department of transportation shall, when requested, and subject to reimbursement of costs, provide technical assistance and advice to cities, towns, and counties in carrying out the purposes of RCW 47.30.030, as now or hereafter amended. The department shall recommend construction standards for paths and trails. The department shall provide a uniform system of signing paths and trails which shall apply to paths and trails under the jurisdiction of the department and of cities, towns, and counties. The department and cities, towns, and counties may restrict the use of paths and trails under their respective jurisdictions to pedestrians, equestrians, and nonmotorized vehicles.
[ 1979 ex.s. c 121 s 3; 1972 ex.s. c 103 s 5.]
Notes:
Severability—1972 ex.s. c 103: See note following RCW 47.30.030.

catchline: Expenditures deemed to be for highway purposes—Powers and duties of department—Restrictions on use of paths and trails.


title: RCW 47.30.070

text:
For purposes of 43 U.S.C. 912 and related provisions of federal law involving federally granted railroad rights-of-way, a bicycle, equestrian or pedestrian path shall be deemed to be a public highway under the laws of the state of Washington.
[ 1993 c 224 s 14.]

catchline: Bicycle, equestrian, pedestrian paths as public highways.


title: RCW 47.32.010

text:
Whenever the department determines and orders that it is necessary for the convenience and safety of public travel and the use of (or construction, alteration, repair, improvement, or maintenance of) any state highway to have the full width of right-of-way of any such state highway or of any portion of the right-of-way of any such state highway free from any and all obstructions, encroachments, and occupancy, other than pole lines, pipe lines, or other structures maintained thereon for public or quasi-public utilities by virtue of a valid franchise, and causes due notice of the order to be given as provided by law, the obstructions, encroachments, and means of occupancy, and any structure, building, improvement, or other means of occupancy of any of the right-of-way of the state highway not removed within the time allowed by law shall become an unlawful property and may be confiscated, removed, and sold or destroyed by the state of Washington according to procedure as provided in this chapter, without any right in anyone to make any claim therefor, either by reason of the removal thereof or otherwise. It is unlawful for any person to keep, maintain, or occupy any such unlawful structure.
[ 1984 c 7 s 176; 1961 c 13 s 47.32.010. Prior: 1937 c 53 s 68; RRS s 6400-68.]

catchline: Order to remove obstructions—Removal by state.


title: RCW 47.32.020

text:
Whenever the department determines that the right-of-way of any state highway or any portion of the right-of-way of any state highway shall be made free from any and all obstructions, encroachments, and occupancy it shall forthwith cause to be posted, by a competent person eighteen years of age or over upon any and all structures, buildings, improvements, and other means of occupancy of the state highway or portion thereof, other than property of public or quasi-public utilities, by virtue of a valid franchise, a notice bearing a copy of the order and dated as of the date of posting, to all whom it may concern to vacate the right-of-way and to remove all property from the right-of-way within ten days after the posting of the notice, exclusive of the date of posting. The department shall also require the filing of duplicate affidavits in proof of the postings, showing upon what structures, buildings, improvements, or other means of occupancy of the state highway or portions thereof, respectively, copies of the notice were posted and the date of each such posting, sworn to by the person making the posting.
[ 1984 c 7 s 177; 1971 ex.s. c 292 s 46; 1961 c 13 s 47.32.020. Prior: 1937 c 53 s 69; RRS s 6400-69.]
Notes:
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Notice of order, contents, posting—Return.


title: RCW 47.32.030

text:
In case the property or any portion thereof described in the notice is not removed from the right-of-way within ten days after the date of the posting, exclusive of the date of posting, all such property upon the right-of-way of the state highway or portion thereof becomes unlawful, and the department shall commence proceedings in the name of the state of Washington for the removal thereof by court action. The department shall thereupon prepare two original copies of the order together with two copies each of the notice posted and of the affidavits in proof of posting thereof and duplicate copies of a certificate by the department describing with reasonable certainty and with due reference to the center line stationing of the state highway and to proper legal subdivisional points, each structure, building, improvement, encroachment, or other means of occupancy, other than pole lines, pipe lines, or other structures maintained for public and quasi-public utilities, on the state highway or portion thereof specified in the order that remain upon the right-of-way as aforesaid. Thereupon action shall be commenced in rem for the purpose of removal of all such unlawful property, in the superior court of the county in which the state highway or portion thereof containing the structures is situated, entitled and in the name of the state of Washington as plaintiff and describing each unlawful structure, building, improvement, encroachment, or other means of occupancy, which structures, buildings, improvements, encroachments, or other means of occupancy shall be briefly named as defendants.
[ 1984 c 7 s 178; 1961 c 13 s 47.32.030. Prior: 1937 c 53 s 70; RRS s 6400-70; prior: 1925 ex.s. c 131 s 3; RRS s 6837-3.]

catchline: Proceedings in rem authorized—Records certified.


title: RCW 47.32.040

text:
The complaint shall, in such action, describe the property unlawfully remaining upon the right-of-way of the state highway or portion thereof with reasonable certainty by reference to the certificate of the department, which shall be attached to and filed with the complaint, and pray that an order be entered for the removal from the right-of-way of the state highway or portion thereof of all the described property unlawfully thereon and the disposal thereof.
[ 1984 c 7 s 179; 1961 c 13 s 47.32.040. Prior: 1937 c 53 s 71; RRS s 6400-71; prior: 1925 ex.s. c 131 s 4; RRS s 6837-4.]

catchline: Complaint, contents.


title: RCW 47.32.050

text:
Service of such complaint shall be given by publication of notice thereof once a week for two successive weeks in a newspaper of general circulation in the county in which such action is commenced, which notice shall briefly state the objects of the action and contain a brief description of each structure, building, improvement, encroachment or other means of occupancy sought to be removed from the right-of-way of the state highway, describe such state highway or portion thereof by number and location and state the time and place when and where the action will come before the court or judge thereof; and a copy of such notice shall also be posted at least ten days before the date of hearing of such action upon each such structure, building, improvement, encroachment or other means of occupancy described therein. Posting may be made by any person qualified to serve legal process. Want of posting upon, or failure to describe any such structure, building, improvement, encroachment or other means of occupancy shall render subsequent proceedings void as to those not posted upon or described but all others described and posted upon shall be bound by the subsequent proceedings.
[ 1961 c 13 s 47.32.050. Prior: 1937 c 53 s 72; RRS 6400-72; prior: 1925 ex.s. c 131 s 5; RRS s 6837-5.]

catchline: Notice, action, service, contents—Proceedings void when.


title: RCW 47.32.060

text:
At the time and place appointed for hearing upon the complaint, which hearing shall be by summary proceedings, if the court or judge thereof finds that due notice has been given by posting and publication and that the order of the department was duly made, and is further satisfied and finds that the state highway or portion thereof described is legally a state highway having the width of right-of-way specified in the order and that the structure, buildings, improvements, or other means of occupancy of the state highway or portion thereof as stated in the certificate of the department do in fact encroach, or that any portion thereof encroach, upon the state highway right-of-way, the court or judge thereof shall thereupon make and enter an order establishing that each of the structures, buildings, improvements, and other means of occupancy specified in the order is unlawfully maintained within the right-of-way and is subject to confiscation and sale and that they be forthwith confiscated, removed from the right-of-way, and sold, and providing that six days after the entry of the order, a writ shall issue from the court directed to the sheriff of the county, commanding the sheriff to seize and remove from the right-of-way of the state highway each such structure, building, improvement, or other means of occupancy specified in the order forthwith on receipt of a writ based on the order and to take and hold the property in his or her custody for a period of ten days, unless redelivered earlier as provided for by law, and if not then so redelivered to sell the property at public or private sale and to pay the proceeds thereof into the registry of the court within sixty days after the issuance of the writ, and further in such action, including costs of posting original notices of the department, the costs of posting and publishing notices of hearing as part thereof and any cost of removal, be paid by the clerk to the state treasurer and credited to the motor vehicle fund. The order shall be filed with the clerk of the court and recorded in the minutes of the court, and is final unless appellate review thereof is sought within five days after filing of the order.
[ 2010 c 8 s 10010; 1988 c 202 s 45; 1984 c 7 s 180; 1961 c 13 s 47.32.060. Prior: 1937 c 53 s 73; RRS s 6400-73; prior: 1925 ex.s. c 131 s 7; RRS s 6837-7.]
Notes:
Severability—1988 c 202: See note following RCW 2.24.050.


title: RCW 47.32.070

text:
Six days after filing of the order above provided for, if no review thereof be taken to the supreme court or the court of appeals of the state, the clerk of the court shall issue under seal of such court a writ directed to the sheriff of the county in which such court is held commanding him or her to remove, take into custody and dispose of the property described in such order and make returns thereof as provided for such writ by said order. On receipt of such writ it shall be the duty of such sheriff to obey the command thereof, proceed as therein directed and make return within the time fixed by such writ; and said sheriff shall be liable upon his or her official bond for the faithful discharge of such duties. Upon filing of such return the clerk of court shall make payments as provided for in the order of court. If by the sheriff's return any of the property seized and removed pursuant to such writ is returned as unsold and as of no sale value, and if the court or judge thereof be satisfied that such is the fact, the court or judge thereof may make further order directing the destruction of such property, otherwise directing the sheriff to give new notice and again offer the same for sale, when, if not sold, the same may on order of court be destroyed.
[ 2010 c 8 s 10011; 1971 c 81 s 115; 1961 c 13 s 47.32.070. Prior: 1937 c 53 s 74; RRS s 6400-74; prior: 1925 ex.s. c 131 s 8; RRS s 6837-8.]

catchline: Writ, execution of—Return—Disposition of unsold property.


title: RCW 47.32.080

text:
At any time within ten days after the removal by virtue of such writ of any such property from the right-of-way of such state highway any person, firm, association or corporation claiming ownership or right of possession of any such property may have the right to demand and to receive the same from the sheriff upon making an affidavit that such claimant owns such property or is entitled to possession thereof, stating on oath the value thereof satisfactory to said sheriff, or which value shall be raised to a value satisfactory to said sheriff, which value shall be indorsed on said affidavit and signed both by said claimant and said sheriff before such sheriff shall be required to accept the bond hereinafter provided for, and deliver to the sheriff a bond with sureties in double the value of such property, conditioned that such claimant will appear in the superior court of such county within ten days after the bond is accepted by the sheriff and make good such claim of title thereto and pay all accrued costs of service of notice to remove, all costs and disbursements to be assessed to such property and the costs of removal and custody thereof and will hold said sheriff and the state of Washington free from any and all claims on account of such property or will return such property or pay its value to said sheriff, and that such claimant will at all times thereafter keep such property off the right-of-way of the state highway in question.
[ 1961 c 13 s 47.32.080. Prior: 1937 c 53 s 75; RRS s 6400-75; prior: 1925 ex.s. c 131 s 9; RRS s 6837-9.]

catchline: Property reclaimed—Bond.


title: RCW 47.32.090

text:
The sureties on such bond shall justify as in other cases if the sheriff requires it and in case they do not so justify when required, the sheriff shall retain and sell or dispose of the property; and if the sheriff does not require the sureties to justify, he or she shall stand good for their sufficiency. He or she shall date and indorse his or her acceptance upon the bond, and shall return the affidavit, bond and justification, if any, to the office of the clerk of such superior court, whereupon such clerk shall set the hearing thereof as a separate case for trial, in which such claimant shall be the plaintiff and the sheriff and the state of Washington defendants: PROVIDED, That no costs shall, in such case, be assessed against the sheriff or the state of Washington in the event the plaintiff should prevail.
[ 2010 c 8 s 10012; 1961 c 13 s 47.32.090. Prior: 1937 c 53 s 76; RRS s 6400-76; prior: 1925 ex.s. c 131 s 10; RRS s 6837-10.]

catchline: Sureties on bond—Hearing on claim.


title: RCW 47.32.100

text:
If the claimant makes good the claimant's title to or right to possession of the property, upon payment into the registry of the court of the costs of service or posting of original notice issued by the department with respect to the property, the cost of posting notice of hearing in the court and such proportion of the cost of publication of the notice as the court may fix and direct to be entered and the clerk's fees of filing the affidavit and bond as a separate action and of entry of judgment therein at the amounts provided for in civil actions, judgment shall be entered restoring the property to the claimant without any confirmation of title as to any other claimant thereto, relieving the sheriff from necessity of selling the property and making return thereon, and continuing the effect of the bond for a period of six years thereafter for the benefit of such adverse claimants to the property, if any, as may thereafter make claim to the property. If the claimant does not make good such claim of title to or right to possession of the property, judgment shall be rendered against the claimant and the sureties of the claimant for the value of the property as finally shown by the affidavit as above provided for, together with such fees for filing the affidavit and bond as a separate action and for entry of judgment therein and other costs and disbursements as taxed in any civil action including the statutory attorney fee as part thereof, for all of which execution may accordingly issue, and relieving the sheriff from the necessity of selling the property or making return thereon.
[ 1984 c 7 s 181; 1961 c 13 s 47.32.100. Prior: 1937 c 53 s 77; RRS s 6400-77; prior: 1925 ex.s. c 131 s 11; RRS s 6837-11.]

catchline: Procedure when claimant wins or loses.


title: RCW 47.32.110

text:
It is unlawful for any person to build, erect, establish, operate, maintain, or conduct along and upon the right-of-way of any state highway any platform, box, stand, or any other temporary or permanent device or structure used or to be used for the purpose of receiving, vending, or delivering any milk, milk cans, vegetables, fruits, merchandise, produce, or any other thing or commodity of any nature unless a permit therefor has first been obtained from the department. The department shall in each instance determine where any platform, box, stand, or any other temporary or permanent device or structure shall be permitted. Upon the existence of any such device or structure without a permit having been first obtained, it shall be considered an obstruction unlawfully upon the right-of-way of the state highway, and the department may proceed to effect its removal.
[ 1984 c 7 s 182; 1961 c 13 s 47.32.110. Prior: 1937 c 53 s 78; RRS s 6400-78; 1927 c 309 s 48; RRS s 6362-48; 1923 c 181 s 10; RRS s 6358-1.]


title: RCW 47.32.120

text:
Except as provided in RCW 47.04.270, it is unlawful for any person to erect a structure or establishment or maintain a business, the nature of which requires the use by patrons or customers of property adjoining the structure or establishment unless the structure or establishment is located at a distance from the right-of-way of any state highway so that none of the right-of-way thereof is required for the use of the patrons or customers of the establishment. Any such structure erected or business maintained that makes use of or tends to invite patrons to use the right-of-way or any portion thereof of any state highway by occupying it while a patron is a public nuisance, and the department may fence the right-of-way of the state highway to prevent such unauthorized use thereof.
[ 2006 c 324 s 2; 1984 c 7 s 183; 1961 c 13 s 47.32.120. Prior: 1937 c 53 s 79; RRS s 6400-79.]

catchline: Business places along highway.


title: RCW 47.32.130

text:
(1) Whenever there exists upon the right-of-way of any state highway or off the right-of-way thereof in sufficiently close proximity thereto, any structure, device, or natural or artificial thing that threatens or endangers the state highway or portion thereof, or that tends to endanger persons traveling thereon, or obstructs or tends to obstruct or constitutes a hazard to vehicles or persons traveling thereon, the structure, device, or natural or artificial thing is declared to be a public nuisance, and the department is empowered to take such action as may be necessary to effect its abatement. Any such structure, device, or natural or artificial thing considered by the department to be immediately or eminently dangerous to travel upon a state highway may be forthwith removed, and the removal in no event constitutes a breach of the peace or trespass.
(2) Logs dumped on any state highway roadway or in any state highway drainage ditch due to equipment failure or for any other reason shall be removed immediately. Logs remaining within the state highway right-of-way for a period of thirty days shall be confiscated and removed or disposed of as directed by the department.
[ 1984 c 7 s 184; 1961 c 13 s 47.32.130. Prior: 1947 c 206 s 3; 1937 c 53 s 80; Rem. Supp. 1947 s 6400-80.]
Notes:
Obstructing highway, public nuisance: RCW 9.66.010.
Placing dangerous substances or devices on highway: RCW 9.66.050, 46.61.645, 70A.200.060.

catchline: Dangerous objects and structures as nuisances—Logs—Abatement—Removal.


title: RCW 47.32.140

text:
Each railroad company shall keep its right-of-way clear of all brush and timber in the vicinity of a railroad grade crossing with a state highway for a distance of one hundred feet from the crossing in such manner as to permit a person upon the highway to obtain an unobstructed view in both directions of an approaching train or other on-track equipment. The department shall cause brush and timber to be cleared from the right-of-way of a state highway in the proximity of a railroad grade crossing for a distance of one hundred feet from the crossing in such manner as to permit a person upon the highway to obtain an unobstructed view in both directions of an approaching train or other on-track equipment. It is unlawful to erect or maintain a sign, signboard, or billboard, except official highway signs and traffic devices and railroad warning or operating signs, outside the corporate limits of any city or town within a distance of one hundred feet from the point of intersection of the highway and railroad grade crossing unless, after thirty days notice to the Washington utilities and transportation commission and the railroad operating the crossing, the department determines that it does not obscure the sight distance of a person operating a vehicle or train approaching the grade crossing.
When a person who has erected or who maintains such a sign, signboard, or billboard or when a railroad company permits such brush or timber in the vicinity of a railroad grade crossing with a state highway or permits the surface of a grade crossing to become inconvenient or dangerous for passage and who has the duty to maintain it, fails, neglects, or refuses to remove or cause to be removed such brush, timber, sign, signboard, or billboard, or maintain the surface of the crossing, the utilities and transportation commission upon complaint of the department or upon complaint of any party interested, or upon its own motion, shall enter upon a hearing in the manner now provided for hearings with respect to railroad-highway grade crossings, and make and enforce proper orders for the removal of the brush, timber, sign, signboard or billboard, or maintenance of the crossing. However, nothing in this section prevents the posting or maintaining of any legal notice or sign, signal, or traffic device required or permitted to be posted or maintained, or the placing and maintaining thereon of highway or road signs or traffic devices giving directions or distances for the information of the public when the signs are approved by the department. The department shall inspect highway grade crossings and make complaint of the violation of any provisions of this section.
[ 2017 c 87 s 6; 1983 c 19 s 2; 1961 c 13 s 47.32.140. Prior: 1955 c 310 s 7; 1937 c 53 s 81; RRS s 6400-81; prior: 1923 c 129 ss 1-6; RRS ss 10510-1—10510-6.]
Notes:
Railroad grade crossings, obstructions: RCW 36.86.100.

catchline: Railroad grade crossings, obstructions—Hearing.


title: RCW 47.32.150

text:
No person, firm, or corporation may be permitted to build or construct on state highway rights-of-way any approach road or any other facility, thing, or appurtenance not heretofore permitted by law, without first obtaining written permission from the department.
[ 1984 c 7 s 185; 1961 c 13 s 47.32.150. Prior: 1947 c 201 s 1; Rem. Supp. 1947 s 6402-50.]

catchline: Approach roads, other appurtenances—Permit.


title: RCW 47.32.160

text:
The department is hereby authorized and empowered at its discretion to adopt reasonable rules governing the issuance of permits under RCW 47.32.150 for the construction of any approach road, facility, thing, or appurtenance, upon state highway rights-of-way. The rules shall be designed to achieve and preserve reasonable standards of highway safety and the operational integrity of the state highway facility. Any permit issued may contain such terms and conditions as may be prescribed. All such construction shall be under the supervision of the department and at the expense of the applicant. After completion of the construction of the particular approach road, facility, thing, or appurtenance, it shall be maintained at the expense of the applicant and in accordance with the directions of the department.
[ 1987 c 227 s 1; 1984 c 7 s 186; 1961 c 13 s 47.32.160. Prior: 1947 c 201 s 2; Rem. Supp. 1947 s 6402-51.]

catchline: Approach roads, other appurtenances—Rules—Construction, maintenance of approach roads.


title: RCW 47.32.170

text:
Upon failure of the applicant to construct or maintain the particular approach road, facility, thing, or appurtenance in accordance with the conditions of the permit and in accordance with the rules of the department, the department may, after the expiration of thirty days following transmittal of a written notice to the applicant, remove all installations upon the right-of-way at the expense of the applicant, which expense may be recovered from the applicant by the department for the state in any court of competent jurisdiction.
[ 1984 c 7 s 187; 1961 c 13 s 47.32.170. Prior: 1947 c 201 s 3; Rem. Supp. 1947 s 6402-52.]

catchline: Approach roads, other appurtenances—Removal of installations from right-of-way for default.


title: RCW 47.36.005

text:
The definitions set forth in this section apply throughout this chapter.
(1) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish.
(2) "Interstate system" means a state highway that is or becomes part of the national system of interstate and defense highways as described in section 103(d) of Title 23, United States Code.
(3) "Maintain" means to allow to exist.
(4) "Primary system" means a state highway that is or becomes part of the federal-aid primary system as described in section 103(b) of Title 23, United States Code.
(5) "Scenic system" means (a) a state highway within a public park, federal forest area, public beach, public recreation area, or national monument, (b) a state highway or portion of a highway outside the boundaries of an incorporated city or town designated by the legislature as a part of the scenic system, or (c) a state highway or portion of a highway outside the boundaries of an incorporated city or town designated by the legislature as a part of the scenic and recreational highway system except for the sections of highways specifically excluded in RCW 47.42.025.
(6) "Motorist information sign panel" means a panel, rectangular in shape, located in the same manner as other official traffic signs readable from the main traveled ways, and consisting of:
(a) The words "GAS," "FOOD," "LODGING," "CAMPING," "RECREATION," or "TOURIST ACTIVITIES" and directional information; and
(b) One or more individual business signs mounted on the panel.
(7) "Business sign" means a separately attached sign mounted on the motorist information sign panel or roadside area information panel to show the brand or trademark and name, or both, of the motorist service available on the crossroad at or near the interchange. Nationally, regionally, or locally known commercial symbols or trademarks for service stations, restaurants, and motels shall be used when applicable. The brand or trademark identification symbol used on the business sign shall be reproduced with the colors and general shape consistent with customary use. Messages, trademarks, or brand symbols that interfere with, imitate, or resemble an official warning or regulatory traffic sign, signal, or device are prohibited.
(8) "Roadside area information panel or display" means a panel or display located so as not to be readable from the main traveled way, erected in a safety rest area, scenic overlook, or similar roadside area, for providing motorists with information in the specific interest of the traveling public.
(9) "Tourist-oriented directional sign" means a sign on a motorist information sign panel on the state highway system to provide directional information to a qualified tourist-oriented business, service, or activity.
(10) "Qualified tourist-oriented business" means a lawful cultural, historical, recreational, educational, or entertaining activity or a unique or unusual commercial or nonprofit activity, the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity.
(11) "Adopt-a-highway sign" means a sign on a state highway right-of-way referring to the departments' adopt-a-highway litter control program.
[ 1999 c 201 s 1; 1991 c 94 s 3.]

catchline: Definitions.


title: RCW 47.36.010

text:
The department shall fix permanent monuments at the original positions of all United States government monuments at township corners, section corners, quarter section corners, meander corners, and witness markers, as originally established by the United States government survey whenever any such original monuments or markers fall within the right-of-way of any state highway, and aid in the reestablishment of any such corners, monuments, or markers destroyed or obliterated by the construction of any state highway by permitting inspection of the records in the department's office.
[ 1984 c 7 s 188; 1961 c 13 s 47.36.010. Prior: 1937 c 53 s 42; RRS s 6400-42; 1931 c 117 s 1; RRS s 6830-1.]

catchline: Restoration of United States survey markers.


title: RCW 47.36.020

text:
The secretary of transportation shall adopt specifications for a uniform system of traffic control signals consistent with the provisions of this title for use upon public highways within this state. Such uniform system shall correlate with and so far as possible conform to the system current as approved by the American Association of State Highway Officials and as set out in the manual of uniform traffic control devices for streets and highways.
[ 1977 ex.s. c 151 s 60; 1961 c 13 s 47.36.020. Prior: 1937 c 53 s 50; RRS s 6400-50; prior: 1927 c 309 s 6; RRS s 6362-6.]

catchline: Traffic control signals.


title: RCW 47.36.022

text:
The duration of a yellow change interval at any traffic control signal must be at least as long as the minimum yellow change interval identified in the manual of uniform traffic control devices for streets and highways as adopted by the department under this chapter.
[ 2012 c 85 s 2.]
Notes:
Findings—Intent—2012 c 85: "The legislature finds that it is in the interests of the driving public to continue to provide for a uniform system of traffic control signals, including provisions relative to yellow light durations, fine amounts for certain traffic control signal violations, and signage and reporting requirements at certain traffic control signal locations. The legislature further finds that a uniform system of traffic control signals greatly enhances the public's confidence in a safe and equitable highway network. Therefore, it is the intent of the legislature to harmonize and make uniform certain legal provisions relating to traffic control signals." [ 2012 c 85 s 1.]

catchline: Traffic control signals—Duration of yellow change interval.


title: RCW 47.36.025

text:
(1) For the purposes of this section:
(a) "Arterial" means a public road or highway that is designated or qualifies as a principal or minor arterial under a state or local law, ordinance, regulation, or plan.
(b) "Bicycle" means a human-powered vehicle with metallic wheels at least sixteen inches in diameter or with metallic braking strips and metallic components, not necessarily including the frame or fork, which may be lawfully ridden on a public road or highway.
(c) "Bicycle route" means a route (i) that is designated as a route for bicycle use in a state or local law, ordinance, rule, or plan, or (ii) that provides bicycle access to urban areas that are not reasonably and conveniently accessible through other bicycle routes. The level of existing or projected use by bicyclists is a factor to consider in determining whether a bicycle route provides access that is not reasonably and conveniently available from other bicycle routes. An intersection that provides necessary linkages in a bicycle route or between routes is considered a part of the bicycle route or routes.
(d) "Design complete" means that all major design work for a new vehicle-activated traffic control signal has been completed and that the funding necessary for complete construction of the vehicle-activated traffic control signal has been firmly secured.
(e) "Existing vehicle-activated traffic control signal" means a vehicle-activated traffic control signal that is in use or design complete on or before July 26, 2009.
(f)(i) "Motorcycle" means a motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver:
(A) Rides on a seat or saddle and the motor vehicle is designed to be steered with a handle bar; or
(B) Rides on a seat in a partially or completely enclosed seating area that is equipped with safety belts and the motor vehicle is designed to be steered with a steering wheel.
(ii) "Motorcycle" excludes a farm tractor, a power wheelchair, an electric personal assistive mobility device, a motorized foot scooter, an electric-assisted bicycle, and a moped.
(g) "Restricted right turn lane" means a right turn only lane where a right turn is not allowed after stopping but only upon a green signal.
(h) "Routinely and reliably detect motorcycles and bicycles" means that the detection equipment at a vehicle-activated traffic control signal is capable of detecting and will reliably detect a motorcycle or bicycle (i) when the motorcycle or bicycle is present immediately before a stop line or crosswalk in the center of a lane at an intersection or road entrance to such an intersection, or (ii) when the motorcycle or bicycle is present at marked detection areas.
(i) "Vehicle-activated traffic control signal" means a traffic control signal on a public road or highway that detects the presence of a vehicle as a means to change a signal phase.
(2) During routine maintenance or monitoring activities, but subject to the availability of funds:
(a) All existing vehicle-activated traffic control signals that do not currently routinely and reliably detect motorcycles and bicycles must be adjusted to do so to the extent that the existing equipment is capable consistent with safe traffic control. Priority must be given to existing vehicle-activated traffic control signals for which complaints relating to motorcycle or bicycle detection have been received and existing vehicle-activated traffic control signals that are otherwise identified as a detection problem for motorcyclists or bicyclists, or both. Jurisdictions operating existing vehicle-activated traffic control signals shall establish and publicize a procedure for filing these complaints in writing or by email, and maintain a record of these complaints and responses; and
(b) Where motorcycle and bicycle detection is limited to certain areas other than immediately before the stop line or crosswalk in the center of a lane at an existing vehicle-activated traffic control signal, those detection areas must be clearly marked on the pavement at left turn lanes, through lanes, and limited right turn lanes. These detection areas must also be marked to allow a bicyclist to leave a bicycle lane to enter a detection area, if necessary, to cross an intersection. Pavement markings must be consistent with the standards described in the state of Washington's "Manual on Uniform Traffic Control Devices for Streets and Highways" obtainable from the department of transportation.
(3)(a) If at least a substantial portion of detection equipment at an existing vehicle-activated traffic control signal on an arterial or bicycle route is scheduled to be replaced or upgraded, the replaced or upgraded detection equipment must routinely and reliably detect motorcycles and bicycles. For purposes of this subsection (3)(a), "substantial portion" means that the proposed replacement or upgrade will cost more than twenty percent of the cost of full replacement or upgraded detection equipment that would routinely and reliably detect motorcycles and bicycles.
(b) If at least a substantial portion of detection equipment at an existing vehicle-activated traffic control signal on a public road or highway that is not an arterial or bicycle route is scheduled to be replaced or upgraded, the replaced or upgraded detection equipment must routinely and reliably detect motorcycles and bicycles. For purposes of this subsection (3)(b), "substantial portion" means that the proposed replacement or upgrade will cost more than fifty percent of the cost of full replacement or upgraded detection equipment that would routinely and reliably detect motorcycles and bicycles.
(4) All vehicle-activated traffic control signals that are design complete and put in operation after July 26, 2009, must be designed and operated, when in use, to routinely and reliably detect motorcycles and bicycles, including the detection of bicycles in bicycle lanes that cross an intersection.
[ 2009 c 275 s 10.]

catchline: Vehicle-activated traffic control signals—Detection of motorcycles and bicycles.


title: RCW 47.36.030

text:
(1) The secretary of transportation shall have the power and it shall be its duty to adopt and designate a uniform state standard for the manufacture, display, erection, and location of all signs, signals, signboards, guideposts, and other traffic devices erected or to be erected upon the state highways of the state of Washington for the purpose of furnishing information to persons traveling upon such state highways regarding traffic regulations, directions, distances, points of danger, and conditions requiring caution, and for the purpose of imposing restrictions upon persons operating vehicles thereon. Such signs shall conform as nearly as practicable to the manual of specifications for the manufacture, display, and erection of uniform traffic control devices for streets and highways and all amendments, corrections, and additions thereto.
(2) The department of transportation shall prepare plans and specifications of the uniform state standard of traffic devices so adopted and designated, showing the materials, colors, and designs thereof, and shall upon the issuance of any such plans and specifications or revisions thereof and upon request, furnish to the boards of county commissioners and the governing body of any incorporated city or town, a copy thereof. Signs, signals, signboards, guideposts, and other traffic devices erected on county roads shall conform in all respects to the specifications of color, design, and location approved by the secretary. Traffic devices hereafter erected within incorporated cities and towns shall conform to such uniform state standard of traffic devices so far as is practicable. The uniform system must allow local transit authority bus shelters located within the right-of-way of the state highway system to display and maintain commercial advertisements subject to applicable federal regulations, if any.
(3) The uniform system adopted by the secretary under this section may allow signs, banners, or decorations over a highway that:
(a) Are in unincorporated areas;
(b) Are at least 20 vertical feet above a highway; and
(c) Do not interfere with or obstruct the view of any traffic control device.
The department shall adopt rules regulating signs, banners, or decorations installed under this subsection (3).
(4) Cold water shock signs authorized in chapter 54, Laws of 2023 are subject to the provisions of this section.
[ 2023 c 54 s 7; 2005 c 398 s 1; 2003 c 198 s 3; 1977 ex.s. c 151 s 61; 1961 c 13 s 47.36.030. Prior: 1945 c 178 s 1, part; 1937 c 53 s 48, part; Rem. Supp. 1945 s 6400-48, part; prior: 1931 c 118 s 1, part; RRS s 6308-1, part; 1923 c 102 s 1, part; 1917 c 78 s 1, part; RRS s 6303, part.]
Notes:
Short title—Intent—Finding—2023 c 54: See notes following RCW 35.21.095.

catchline: Traffic control devices—Specifications to counties and cities—Signs, banners over highways.


title: RCW 47.36.040

text:
The department, upon written request, shall cause to be manufactured, painted, and printed, and shall furnish to any county legislative authority or the governing body of any incorporated city or town, directional signboards, guide boards, and posts of the uniform state standard of color, shape, and design for the erection and maintenance thereof by the county legislative authority or the governing body of any incorporated city or town upon the roads and streets within their respective jurisdictions. The directional signboards, guide boards, and posts shall be manufactured and furnished, as aforesaid, pursuant to written request showing the number of signs desired and the directional or guide information to be printed thereon. The department shall fix a charge for each signboard, guide board, and post manufactured and furnished as aforesaid, based upon the ultimate cost of the operations to the department, and the county legislative authority, from the county road fund, and the governing body of any incorporated city or town, from the street fund, shall pay the charges so fixed for all signboards, guide boards, and posts so received from the department.
[ 1984 c 7 s 189; 1961 c 13 s 47.36.040. Prior: 1945 c 178 s 1, part; 1937 c 53 s 48, part; Rem. Supp. 1945 s 6400-48, part; prior: 1931 c 118 s 1, part; RRS s 6308-1, part; 1923 c 102 s 1, part; 1917 c 78 s 1, part; RRS s 6303, part.]

catchline: Furnished by department, paid for by counties and cities.


title: RCW 47.36.050

text:
The department shall erect and maintain upon every state highway in the state of Washington suitable and proper signs, signals, signboards, guideposts, and other traffic devices according to the adopted and designated state standard of design, erection, and location, and in the manner required by law. The department shall erect and maintain upon all state highways appropriate stop signs, warning signs, and school signs. Any person, firm, corporation, or municipal corporation, building, owning, controlling, or operating a railroad that crosses any state highway at grade shall construct, erect, and maintain at or near each point of crossing, or at such point or points as will meet the approval of the department, a sign of the type known as the saw buck crossing sign with the lettering "railroad crossing" inscribed thereon and also a suitable inscription indicating the number of tracks. The sign must be of standard design that will comply with the plans and specifications furnished by the department. Additional safety devices and signs may be installed at any time when required by the utilities and transportation commission as provided by laws regulating railroad-highway grade crossings.
[ 1984 c 7 s 190; 1961 c 13 s 47.36.050. Prior: 1937 c 53 s 49; RRS s 6400-49; prior: 1931 c 118 s 1, part; RRS s 6308-1, part; 1923 c 102 s 1, part; RRS s 6303, part; 1919 c 146 s 1; 1917 c 78 s 2; RRS s 6304. FORMER PART OF SECTION: 1937 c 53 s 51 now in RCW 47.36.053.]

catchline: Duty to erect traffic devices on state highways and railroad crossings.


title: RCW 47.36.053

text:
The department shall place and maintain such traffic devices conforming to the manual and specifications adopted upon all state highways as it deems necessary to carry out the provisions of this title or to regulate, warn, or guide traffic.
[ 1984 c 7 s 191; 1961 c 13 s 47.36.053. Prior: 1937 c 53 s 51; RRS s 6400-51. Formerly RCW 47.36.050, part.]

catchline: General duty to place and maintain traffic devices on state highways and railroad crossings.


title: RCW 47.36.060

text:
Local authorities in their respective jurisdictions shall place and maintain such traffic devices upon public highways under their jurisdiction as are necessary to carry out the provisions of the law or local traffic ordinances or to regulate, warn, or guide traffic. Cities and towns, which as used in this section mean cities and towns having a population of over fifteen thousand according to the latest federal census, shall adequately equip with traffic devices, streets that are designated as forming a part of the route of a primary or secondary state highway and streets which constitute connecting roads and secondary state highways to such cities and towns. The traffic devices, signs, signals, and markers shall comply with the uniform state standard for the manufacture, display, direction, and location thereof as designated by the department. The design, location, erection, and operation of traffic devices and traffic control signals upon such city or town streets constituting either the route of a primary or secondary state highway to the city or town or connecting streets to the primary or secondary state highways through the city or town shall be under the direction of the department, and if the city or town fails to comply with any such directions, the department shall provide for the design, location, erection, or operation thereof, and any cost incurred therefor shall be charged to and paid from any funds in the motor vehicle fund of the state that have accrued or may accrue to the credit of the city or town, and the state treasurer shall issue warrants therefor upon vouchers submitted and approved by the department.
[ 1984 c 7 s 192; 1961 c 13 s 47.36.060. Prior: 1955 c 179 s 4; 1939 c 81 s 1; 1937 c 53 s 52; RRS s 6400-52.]

catchline: Traffic devices on county roads and city streets.


title: RCW 47.36.070

text:
Whenever any person, firm, corporation, municipal corporation, or local authorities responsible for the erection and maintenance, or either, of signs at any railroad crossing or point of danger upon any state highway fails, neglects, or refuses to erect and maintain, or either, the sign or signs as required by law at highway-railroad grade crossings, the utilities and transportation commission shall upon complaint of the department or upon complaint of any party interested, or upon its own motion, enter upon a hearing in the manner provided by law for hearings with respect to railroad-highway grade crossings and make and enforce proper orders for the erection or maintenance of the signs, or both.
[ 1984 c 7 s 193; 1961 c 13 s 47.36.070. Prior: 1937 c 53 s 54; RRS s 6400-54.]

catchline: Failure to erect signs, procedure.


title: RCW 47.36.080

text:
Wherever it is considered necessary or convenient the department may erect approach and warning signs upon the approach of any state highway to a highway-railroad grade crossing situated at a sufficient distance therefrom to make the warning effective. The department may further provide such additional or other highway-railroad grade crossing markings as may be considered to serve the interests of highway safety.
[ 1984 c 7 s 194; 1961 c 13 s 47.36.080. Prior: 1937 c 53 s 57; RRS s 6400-57.]

catchline: Signs at railroad crossings.


title: RCW 47.36.090

text:
Standard federal road markers shall be placed on state highways in the manner requested by the department of transportation of the United States. The department of transportation of the state of Washington is authorized and empowered to cooperate with the several states and with the federal government in promoting, formulating, and adopting a standard and uniform system of numbering or designating state highways of an interstate character and in promoting, formulating, and adopting uniform and standard specifications for the manufacture, display, erection, and location of road markers and signs, for the information, direction, and control of persons traveling upon public highways.
[ 1984 c 7 s 195; 1961 c 13 s 47.36.090. Prior: 1937 c 53 s 55; RRS s 6400-55; prior: 1925 c 24 s 1; RRS s 6303-1.]

catchline: Cooperation with United States on road markers.


title: RCW 47.36.095

text:
The department is hereby authorized to establish a continuing system for the designating of state highways and branches or portions thereof, heretofore established by the legislature of the state of Washington, to give designations to such state highways and branches, or portions thereof, in accord with that system, and to install signs in accord therewith on such state highways and branches, or portions thereof. The system may be changed from time to time and shall be extended to new state highways and branches, or portions thereof, as they are hereafter established by the legislature.
[ 1984 c 7 s 196; 1967 ex.s. c 145 s 43; 1963 c 24 s 1.]
Notes:
Classification of highways: RCW 47.04.020.

catchline: Highway designation system—Signs.


title: RCW 47.36.097

text:
Designations or redesignations assigned under the system by the department pursuant to RCW 47.36.095 as each is made, shall be filed with the secretary of state and with the auditor of each county. Thereafter such highways shall be so designated for all purposes.
[ 1984 c 7 s 197; 1967 ex.s. c 145 s 46.]

catchline: Highway designation system—Filing.


title: RCW 47.36.100

text:
Directional signs showing distance and direction to points of importance may be placed at all crossings and intersections of primary and secondary state highways. The department may place such directional signs as it deems necessary upon any city streets designated by it as forming a part of the route of any primary or secondary state highway through any incorporated city or town. Caution and warning signs or signals shall be placed wherever practicable on all primary and secondary state highways in a manner provided by law. Stop signs shall be placed, erected, and maintained by the department as follows: Upon all county roads at the point of intersection with any arterial primary or secondary state highway; upon all primary and secondary state highways at the point of intersection with any county road that has been designated by the department as an arterial having preference over the traffic on the state highway; and upon at least one state highway at the intersection of two state highways.
[ 1984 c 7 s 198; 1967 ex.s. c 145 s 38; 1961 c 13 s 47.36.100. Prior: 1947 c 206 s 1; 1937 c 53 s 56; Rem. Supp. 1947 s 6400-56.]

catchline: Directional, caution, and stop signs.


title: RCW 47.36.110

text:
In order to provide safety at intersections on the state highway system, the department may require persons traveling upon any portion of such highway to stop before entering the intersection, except as provided in RCW 46.61.190. For this purpose there may be erected a standard stop sign as prescribed in the state department of transportation's "Manual on Uniform Traffic Control Devices for Streets and Highways." All persons traveling upon the highway shall come to a complete stop at such a sign, except as provided in RCW 46.61.190, and the appearance of any sign so located is sufficient warning to a person that he or she is required to stop. A person stopping at such a sign shall proceed through that portion of the highway in a careful manner and at a reasonable rate of speed not to exceed twenty miles per hour. It is unlawful to fail to comply with the directions of any such stop sign, except as provided in RCW 46.61.190. When the findings of a traffic engineering study show that the condition of an intersection is such that vehicles may safely enter the major artery without stopping, the department or local authorities in their respective jurisdictions shall install and maintain a "Yield" sign.
[ 2020 c 66 s 5; 2010 c 8 s 10013; 1984 c 7 s 199; 1963 ex.s. c 3 s 49; 1961 c 13 s 47.36.110. Prior: 1955 c 146 s 6; 1937 c 53 s 59; RRS s 6400-59.]
Notes:
Effective date—2020 c 66: See note following RCW 46.61.050.
Arterial highways designated—Stopping on entering: RCW 46.61.195.

catchline: Stop signs, "Yield" signs—Duties of persons using highway.


title: RCW 47.36.120

text:
The department shall erect wherever it deems necessary upon state highways at or near their point of entrance into cities and towns, signs of the standard design designating the city or town limits of the cities or towns.
[ 1984 c 7 s 200; 1961 c 13 s 47.36.120. Prior: 1937 c 53 s 58; RRS s 6400-58.]

catchline: City limit signs.


title: RCW 47.36.130

text:
No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control signal, traffic device or railroad sign or signal, or any inscription, shield, or insignia thereon, or any other part thereof.
[ 1961 c 13 s 47.36.130. Prior: 1937 c 53 s 53; RRS s 6400-53.]
Notes:
Defacing, injuring, or destroying signs: RCW 46.61.080.
Imitation of signs: RCW 46.61.075.
Structures concealing signs prohibited: RCW 46.61.075.
Unlawful erection of traffic devices: RCW 46.61.075.

catchline: Meddling with signs prohibited.


title: RCW 47.36.141

text:
(1) Local transit authority bus shelters within the right-of-way of the state highway system may display and maintain commercial advertisements subject to applicable federal regulations, if any. Pursuant to RCW 47.12.120, the department may lease state right-of-way air space to local transit authorities for this purpose, unless there are significant safety concerns regarding the placement of certain advertisements.
(2) Advertisements posted on a local transit authority's bus shelter may not exceed twenty-four square feet on each side of the panel. Panels may not be placed on the roof of the shelter or on the forward side of the shelter facing oncoming traffic.
[ 2003 c 198 s 1.]

catchline: Bus shelters—Advertising.