title: RCW 14.08.310

text:
Whenever the governing body of any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality in exercising the powers and authority granted by this chapter, such first-mentioned municipality is expressly authorized and empowered to furnish such assistance by gift, or lease with or without rental, of real property, by the donation, lease with or without rental, or loan, of personal property, and by the appropriation of moneys, which may be provided for by taxation or the issuance of bonds in the same manner as funds might be provided for the same purposes if the municipality were exercising the powers heretofore granted in its own behalf.
[ 1945 c 182 s 14; Rem. Supp. 1945 s 2722-43.]

catchline: Assistance to other municipalities.


doc_type: statute

jurisdiction: wa

title: RCW 14.08.330

text:
Every airport and other air navigation facility controlled and operated by any municipality, or jointly controlled and operated pursuant to the provisions of this chapter, shall, subject to federal and state laws, rules, and regulations, including RCW 19.430.010, 19.430.020, and 19.430.030, be under the exclusive jurisdiction and control of the municipality or municipalities controlling and operating it. The municipality or municipalities shall have concurrent jurisdiction over the adjacent territory described in RCW 14.08.120(1)(b). No other municipality in which the airport or air navigation facility is located shall have any police jurisdiction of the same or any authority to charge or exact any license fees or occupation taxes for the operations. However, by agreement with the municipality operating and controlling the airport or air navigation facility, a municipality in which an airport or air navigation facility is located may be responsible for the administration and enforcement of the uniform fire code, as adopted by that municipality under RCW 19.27.040, on that portion of any airport or air navigation facility located within its jurisdictional boundaries.
[ 2025 c 406 s 7; 1985 c 246 s 1; 1945 c 182 s 15; Rem. Supp. 1945 s 2722-44.]
Notes:
Findings—Intent—Effective date—2025 c 406: See notes following RCW 19.430.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Jurisdiction of municipality over airport and facilities exclusive—Concurrent jurisdiction over adjacent territory—Fire code enforcement by agreement.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 14.08.340

text:
This act shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of this state and other states and of the government of the United States having to do with the subject of aeronautics.
[ 1945 c 182 s 17; Rem. Supp. 1945 s 2722-46.]

catchline: Interpretation and construction.


title: RCW 14.08.360

text:
This act may be cited as the "Revised Airports Act."
[ 1945 c 182 s 18.]

catchline: Short title.


title: RCW 14.08.370

text:
All acts and parts of acts in conflict with this act are hereby repealed.
[ 1945 c 182 s 19.]

catchline: Repeal.


title: RCW 14.12.010

text:
As used in this chapter, unless the context otherwise requires:
(1) "Airport hazard" means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport or is otherwise hazardous to such landing or taking-off of aircraft.
(2) "Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.
(3) "Airports" means any area of land or water designed and set aside for the landing and taking-off of aircraft and utilized or to be utilized in the interest of the public for such purposes.
(4) "Person" means any individual, firm, copartnership, corporation, company, association, joint stock association or body politic, including the state and its political subdivisions, and includes any trustee, receiver, assignee, or other similar representative thereof.
(5) "Political subdivision" means any county, city, town, port district or other municipal or quasi municipal corporation authorized by law to acquire, own or operate an airport.
(6) "Structure" means any object constructed or installed by a human being, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.
(7) "Tree" means any object of natural growth.
[ 2009 c 549 s 1006; 1945 c 174 s 1; Rem. Supp. 1945 s 2722-15.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

catchline: Definitions.


title: RCW 14.12.020

text:
It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuvering of aircraft thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared: (1) That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (2) that it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and (3) that this should be accomplished, to the extent legally possible, by exercise of the police power, without compensation. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein.
[ 1945 c 174 s 2; Rem. Supp. 1945 s 2722-16.]

catchline: Airport hazards contrary to public interest.


title: RCW 14.12.030

text:
(1) In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow.
(2) Where an airport is owned or controlled by a political subdivision and any airport hazard area appertaining to such airport is located outside the territorial limits of said political subdivision, the political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by subsection (1) of this section in the political subdivision within which such area is located. Each such joint board shall have as members two representatives appointed by each political subdivision participating in its creation and in addition a chair elected by a majority of the members so appointed.
[ 2010 c 8 s 5003; 1945 c 174 s 3; Rem. Supp. 1945 s 2722-17. Formerly RCW 14.12.030 and 14.12.040.]

catchline: Power to adopt airport zoning regulations.


title: RCW 14.12.050

text:
(1) Incorporation. In the event that a political subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof, may be incorporated in and made a part of such comprehensive zoning regulations, and be administered and enforced in connection therewith.
(2) Conflict. In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such other regulations were adopted by the political subdivision which adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.
[ 1945 c 174 s 4; Rem. Supp. 1945 s 2722-18. Formerly RCW 14.12.050 and 14.12.060.]

catchline: Relation to comprehensive zoning regulations.


title: RCW 14.12.070

text:
(1) Notice and hearing. No airport zoning regulations shall be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in RCW 14.12.030(2), after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which is located the airport hazard area to be zoned.
(2) Airport zoning commission. Prior to the initial zoning of any airport hazard area under this chapter, the political subdivision or joint airport zoning board which is to adopt the regulations shall appoint a commission, to be known as the airport zoning commission, to recommend the boundaries of the various zones to be established and the regulations to be adopted therefor. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the legislative body of the political subdivision or the joint airport zoning board shall not hold its public hearings or take other action until it has received the final report of such commission. Where a city plan commission or comprehensive zoning commission already exists, it may be appointed as the airport zoning commission.
[ 1945 c 174 s 5; Rem. Supp. 1945 s 2722-19. Formerly RCW 14.12.070 and 14.12.080.]
Notes:
Public meetings: Chapter 42.30 RCW.

catchline: Procedure for adoption of zoning regulations.


title: RCW 14.12.090

text:
(1) Reasonableness. All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put and adaptable.
(2) Nonconforming uses. No airport zoning regulations adopted under this chapter shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in RCW 14.12.110(3).
[ 1945 c 174 s 6; Rem. Supp. 1945 s 2722-20. Formerly RCW 14.12.090 and 14.12.100.]

catchline: Airport zoning requirements.


title: RCW 14.12.110

text:
(1) Permits. Any airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered or repaired. In any event, however, all such regulations shall provide that before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement, change, or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. Except as provided herein, all applications for permits shall be granted.
(2) Variances. Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his or her property in violation of airport zoning regulations adopted under this chapter, may apply to the board of adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter: PROVIDED, That any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this chapter.
(3) Hazard marking and lighting. In granting any permit or variance under this section, the administrative agency or board of adjustment may, if it deems such action advisable to effectuate the purposes of this chapter and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
[ 2010 c 8 s 5004; 1945 c 174 s 7; Rem. Supp. 1945 s 2722-21. Formerly RCW 14.12.110, 14.12.120, and 14.12.130.]

catchline: Permits and variances.


title: RCW 14.12.140

text:
(1) All airport zoning regulations adopted under this chapter shall provide for a board of adjustment to have and exercise the following powers:
(a) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in RCW 14.12.190.
(b) To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such board may be required to pass under such regulations.
(c) To hear and decide specific variances under RCW 14.12.110(2).
(2) Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term of three years by the authority adopting the regulations and to be removable by the appointing authority for cause, upon written charges and after public hearing.
(3) The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in such regulations.
(4) The board shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in his or her absence the acting chair, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.
[ 2010 c 8 s 5005; 1945 c 174 s 10; Rem. Supp. 1945 s 2722-24. Formerly RCW 14.12.140, 14.12.150, 14.12.160, and 14.12.170.]

catchline: Board of adjustment.


title: RCW 14.12.180

text:
All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official, board, or other existing agency of the political subdivision adopting the regulations or of one of the political subdivisions which participated in the creation of the joint airport zoning board adopting the regulations, if satisfactory to that political subdivision, but in no case shall such administrative agency be or include any member of the board of adjustment. The duties of any administrative agency designated pursuant to this chapter shall include that of hearing and deciding all permits under RCW 14.12.110(1), but such agency shall not have or exercise any of the powers herein delegated to the board of adjustment.
[ 1945 c 174 s 9; Rem. Supp. 1945 s 2722-23.]

catchline: Administration of airport zoning regulations.


title: RCW 14.12.190

text:
(1) Any person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opinion that a decision or [of] such an administrative agency is an improper application of airport zoning regulations of concern to such governing body or board, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of such administrative agency.
(2) All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.
(3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases proceedings shall not be stayed otherwise than by order of the board or notice to the agency from which the appeal is taken and on due cause shown.
(4) The board shall fix a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
(5) The board may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.
[ 1945 c 174 s 8; Rem. Supp. 1945 s 2722-22.]

catchline: Appeals.


title: RCW 14.12.200

text:
(1) Any person aggrieved, or taxpayer affected, by any decision of the board of adjustment, or any governing body of a political subdivision or any joint airport zoning board which is of the opinion that a decision of a board of adjustment is illegal, may present to the superior court of the county in which the airport is located a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the decision is filed in the office of the board.
(2) Upon presentation of such petition the court may allow a writ of review directed to the board of adjustment to review such decision of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a supersedeas.
(3) The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(4) The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and if need be, to order further proceedings by the board of adjustment. The findings of fact by the board, if supported by substantial evidence, shall be accepted by the court as conclusive, and no objection to a decision of the board shall be considered by the court unless such objection shall have been urged before the board, or, if it was not so urged, unless there were reasonable grounds for failure to do so.
(5) Costs shall not be allowed against the board of adjustment unless it appears to the court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from.
(6) In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the Constitution of this state or the Constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land.
[ 1945 c 174 s 11; Rem. Supp. 1945 s 2722-25.]

catchline: Judicial review.


title: RCW 14.12.210

text:
Each violation of this chapter or of any regulations, orders, or rulings promulgated or made pursuant to this chapter, shall constitute a misdemeanor, and each day a violation continues to exist shall constitute a separate offense. In addition, the political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this chapter, or of airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made pursuant thereto.
[ 1945 c 174 s 12; Rem. Supp. 1945 s 2722-26.]

catchline: Enforcement and remedies.


title: RCW 14.12.220

text:
In any case in which: (1) It is desired to remove, lower, or otherwise terminate a nonconforming structure or use; or (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such air right, avigation casement [easement], or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of this chapter.
[ 1945 c 174 s 13; Rem. Supp. 1945 s 2722-27.]

catchline: Acquisition of air rights.


title: RCW 14.12.910

text:
This act shall be known and may be cited as the "Airport Zoning Act."
[ 1945 c 174 s 15.]


title: RCW 14.16.010

text:
In this chapter "aircraft" means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. The term "airman" or "airwoman" means any individual (including the person in command and any pilot, mechanic, or member of the crew) who engages in the navigation of aircraft while under way and any individual who is in charge of the inspection, overhauling, or repairing of aircraft. "Operating aircraft" means performing the services of aircraft pilot. "Person" means any individual, proprietorship, partnership, corporation, or trust. "Downed aircraft rescue transmitter" means a transmitter of a type approved by the state department of transportation or the federal aviation administration with sufficient transmission power and reliability that it will be automatically activated upon the crash of an aircraft so as to transmit a signal on a preset frequency so that it will be effective to assist in the location of the downed aircraft. "Air school" means air school as defined in *RCW 47.68.020(11).
[ 2010 c 8 s 5006; 1984 c 7 s 8; 1969 ex.s. c 205 s 1; 1929 c 157 s 1; RRS s 2722-1.]
Notes:
*Reviser's note: RCW 47.68.020 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (11) to subsection (4).


title: RCW 14.16.020

text:
The public safety requiring and the advantages of uniform regulation making it desirable in the interest of aeronautical progress that aircraft operating within this state should conform with respect to design, construction, and airworthiness to the standards prescribed by the United States government with respect to navigation of aircraft subject to its jurisdiction, it shall be unlawful for any person to navigate any aircraft within this state unless it is licensed and registered by the department of commerce of the United States in the manner prescribed by the lawful rules and regulations of the United States government then in force: PROVIDED, HOWEVER, That for the first thirty days after entrance into this state this section shall not apply to aircraft owned by a nonresident of this state other than aircraft carrying persons or property for hire, if such aircraft is licensed and registered and displays identification marks in compliance with the laws of the state, territory or foreign country of which its owner is a resident.
[ 1929 c 157 s 2; RRS s 2722-2.]
Notes:
Aircraft certificates required: RCW 47.68.230.
Federal aviation program: Title 49, chapter 20, U.S.C.

catchline: Federal licensing of aircraft required.


title: RCW 14.16.030

text:
The public safety requiring and the advantages of uniform regulation making it desirable in the interest of aeronautical progress that a person serving as an airman or airwoman within this state should have the qualifications necessary for obtaining and holding the class of license required by the United States government with respect to such an airman or airwoman subject to its jurisdiction, it shall be unlawful for any person to serve as an airman or airwoman within this state unless he or she has such a license: PROVIDED, HOWEVER, That for the first thirty days after entrance into this state this section shall not apply to nonresidents of this state operating aircraft within this state, other than aircraft carrying persons or property for hire, if such person shall have fully complied with the laws of the state, territory or foreign country of his or her residence respecting the licensing of airmen or airwomen.
[ 2010 c 8 s 5007; 1929 c 157 s 3; RRS s 2722-3.]
Notes:
Airman and airwoman certificates required: RCW 47.68.230.
Federal aviation program: Title 49, chapter 20, U.S.C.

catchline: Federal licensing of airmen or airwomen.


title: RCW 14.16.040

text:
The certificate of the license herein required shall be kept in the personal possession of the licensee when he or she is serving as an airman or airwoman within this state, and must be presented for inspection upon the demand of any passenger, any peace officer of this state, or any official, manager, or person in charge of any airport or landing field in this state upon which he or she shall land.
[ 2010 c 8 s 5008; 1929 c 157 s 4; RRS s 2722-4.]

catchline: Possession of license.


title: RCW 14.16.050

text:
The public safety requiring and the advantages of uniform regulation making it desirable in the interest of aeronautical progress that any person operating aircraft within this state should conform to the air traffic rules now or hereafter established by the secretary of commerce of the United States for the navigation of aircraft subject to the jurisdiction of the United States, it shall be unlawful for any person to navigate any aircraft within this state otherwise than in conformity with said air traffic rules.
[ 1929 c 157 s 5; RRS s 2722-5.]
Notes:
Federal aviation program: Title 49, chapter 20, U.S.C.

catchline: Traffic rules.


title: RCW 14.16.060

text:
Any person who violates any provision of this chapter shall be guilty of an offense punishable by a fine of not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment.
[ 1929 c 157 s 6; RRS s 2722-6.]

catchline: Penalty.


title: RCW 14.16.080

text:
Any aircraft used to carry persons or property for compensation, or any aircraft that is rented or leased without a pilot, shall be equipped with a fully functional downed aircraft rescue transmitter and it shall be unlawful for any person to operate such aircraft without such a transmitter: PROVIDED, HOWEVER, Nothing in this section shall apply to (1) instructional flights by an air school, with the exception of solo flights by students; (2) aircraft owned by and used exclusively in the service of the United States government; (3) aircraft registered under the laws of a foreign country; (4) aircraft owned by the manufacturer thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft; and (5) aircraft used by any air carrier or supplemental air carrier operating in accordance with the provisions of a certificate of public conveyance and necessity under the provisions of the Federal Aviation Act of 1958, Public Law 85-726, as amended.
[ 1987 c 273 s 1; 1969 ex.s. c 205 s 2.]

catchline: Downed aircraft rescue transmitter required—Exceptions.


title: RCW 14.16.090

text:
(1) Any aircraft used to carry persons or property for compensation, or any aircraft that is rented or leased without a pilot shall be equipped with a survival kit consisting of those items prescribed by the department of transportation, which shall include, at least the following: (a) A tube tent or similar sheltering device; (b) a horn, whistle, or similar audible device capable of emitting a signal one-quarter of a mile; (c) a mirror; (d) matches; (e) a candle and/or another fire-starting device; and (f) survival instruction.
(2) It shall be unlawful for any person to operate such aircraft without such a survival kit: PROVIDED, HOWEVER, That nothing in this section shall apply to: (a) Instructional flights by an air school, with the exception of solo flights by students; (b) aircraft owned by and exclusively in the service of the United States government; (c) aircraft registered under the laws of a foreign country; (d) aircraft owned by the manufacturer thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of the aircraft; and (e) aircraft used by any air carrier or supplemental air carrier operating in accordance with the provisions of a certificate of public conveyance and necessity under the provisions of the federal aviation act of 1958, Public Law 85-726, as amended.
[ 1987 c 273 s 2.]

catchline: Certain aircraft to carry survival kit—Contents—Misdemeanor to operate without—Exceptions.


title: RCW 14.16.100

text:
(1) Except as provided otherwise in this section, a guyed tower twenty-five feet or more in height that is located outside the boundaries of an incorporated city or town on land that is primarily rural or undeveloped or used for agricultural purposes, or that is primarily desert, and where such guyed tower's appearance is not otherwise governed by state or federal law, rule, or regulation, is subject to the following requirements:
(a) The tower must be painted in five foot high alternating bands of aviation orange and white.
(b) The tower must have a flashing light at the top of the tower. The light must be visible in clear air from a distance of two thousand feet when flashing. Such a light must also be visible with night vision goggles.
(c) The surface area under the footprint of the tower and the circular area surrounding each outer tower anchor, with a radius of six feet, should have a contrasting appearance with any surrounding vegetation.
(d) Two marker balls must be attached to and evenly spaced on each of the outside guy wires.
(e) The tower must have a seven foot long safety sleeve at each anchor point and must extend from the anchor point along each guy wire attached to the anchor point.
(2) Any guyed tower that was erected prior to June 12, 2014, must be modified as required under this section within one year of June 12, 2014.
(3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Guyed tower" means a tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.
(b) "Height" means the distance measured from the original grade at the base of the tower to the highest point of the tower.
(4) This section does not apply to:
(a) Guyed towers used for military purposes;
(b) Power poles or nonguyed tower structures owned and operated by an electric utility as defined in RCW 80.80.010;
(c) Any structure for which the primary purpose is to support telecommunications equipment, such as equipment for amateur radio and broadcast radio and television services regulated by the federal communications commission;
(d) Any guyed tower that is within fifty feet of a structure or vegetation of equal or greater height; and
(e) Any guyed tower that is attached to a large mobile motorized machine with a large visible base equipped with wheels, tracks, or skids and with winches and utilized to lift or pull heavy loads, such as a tower used to yard logs.
(5) A person who violates a provision of this section is guilty of a misdemeanor.
[ 2014 c 134 s 2.]
Notes:
Intent—2014 c 134: "It is the intent of the legislature that pilots that engage in low flying activities, such as aerial applicators and search and rescue pilots, are provided with an as safe as possible flying environment. It is also the intent of the legislature to create a mechanism for alerting pilots of guyed towers that may be erected at short notice and may be otherwise difficult to see from the air, posing an air safety hazard." [ 2014 c 134 s 1.]

catchline: Guyed towers—Requirements—Definitions—Application of section—Penalty.


title: RCW 14.20.010

text:
When used in this chapter and RCW 47.68.250 and 82.48.100:
(1) "Person" includes a firm, partnership, or corporation;
(2) "Dealer" means a person engaged in the business of selling, exchanging, or acting as a broker of aircraft or who offers for sale two or more aircraft within a calendar year;
(3) "Aircraft" means any weight-carrying device or structure for navigation of the air, designed to be supported by the air, but which is heavier than air and is mechanically driven;
(4) "Secretary" means the secretary of the state department of transportation.
[ 1993 c 208 s 1; 1984 c 7 s 9; 1955 c 150 s 1.]

catchline: Definitions.


title: RCW 14.20.020

text:
(1) It is unlawful for a person to act as an aircraft dealer without a currently valid aircraft dealer's license issued under this chapter.
(2)(a) Except as provided in (b) of this subsection, a person acting as an aircraft dealer without a currently issued aircraft dealer's license is guilty of a misdemeanor and shall be punished by either a fine of not more than one thousand dollars or by imprisonment for not more than ninety days, or both.
(b) A person convicted on a second or subsequent conviction within a five-year period is guilty of a gross misdemeanor and shall be punished by either a fine of not more than five thousand dollars or by imprisonment for up to three hundred sixty-four days, or both.
(3) In addition to, or in lieu of, the penalties provided in this section, or as a condition to the suspension of a sentence that may be imposed under this section, the court in its discretion may prohibit the violator from acting as an aircraft dealer within the state for such a period as it may determine but not to exceed one year. Violation of the duly imposed prohibition of the court may be treated as a separate offense under this section or as contempt of court.
(4) Any person applying for an aircraft dealer's license shall do so at the office of the secretary on a form provided for that purpose by the secretary.
[ 2011 c 96 s 15; 2003 c 53 s 102; 1993 c 208 s 2; 1984 c 7 s 10; 1983 c 135 s 1; 1955 c 150 s 2.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Aircraft dealer licensure—Penalty.


title: RCW 14.20.030

text:
Applications for an aircraft dealer's license shall contain:
(1) The name under which the dealer's business is conducted and the address of the dealer's established place of business;
(2) The residence address of each owner, director, or principal officer of the aircraft dealer, and, if a foreign corporation, the state of incorporation and names of its resident officers or managers;
(3) The make or makes of aircraft for which franchised, if any;
(4) Whether or not used aircraft are dealt in;
(5) A certificate that the applicant is a dealer having an established place of business at the address shown on the application, which place of business is open during regular business hours to inspection by the secretary or his or her representatives; and
(6) Whether or not the applicant has ever been denied an aircraft dealer's license or has had one which has been denied, suspended, or revoked.
[ 2010 c 8 s 5009; 1984 c 7 s 11; 1955 c 150 s 3.]

catchline: Application for license—Contents.


title: RCW 14.20.040

text:
During such time as aircraft are held by a dealer for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of the dealer's business, an aircraft dealer's certificate may be used on the aircraft in lieu of a registration certificate or fee and in lieu of payment of excise tax. The secretary shall issue one aircraft dealer's certificate with each aircraft dealer's license. Additional aircraft dealer's certificates shall be issued to an aircraft dealer upon request and the payment of the fee provided in RCW 14.20.050. Nothing contained in this section, however, may be construed to prevent transferability among dealer aircraft of any aircraft dealer's certificate, and the certificate need be displayed on dealer aircraft only while in actual use or flight. Every aircraft dealer's certificate issued expires on December 31st, and may be renewed upon renewal of an aircraft dealer's license.
[ 1984 c 7 s 12; 1955 c 150 s 4.]

catchline: Certificates.


title: RCW 14.20.050

text:
The fee for original aircraft dealer's license for each calendar year or fraction thereof is seventy-five dollars, which includes one aircraft dealer's certificate and which must be renewed annually for a fee of seventy-five dollars. Additional aircraft dealer certificates may be obtained for ten dollars each per year. If any dealer fails or neglects to apply for renewal of his or her license prior to February 1st in each year, his or her license shall be declared canceled by the secretary, in which case any such dealer desiring a license shall reapply and pay a fee of seventy-five dollars.
[ 2010 c 8 s 5010; 1998 c 187 s 1; 1984 c 7 s 13; 1955 c 150 s 5.]

catchline: License and certificate fees.


title: RCW 14.20.060

text:
The fees set forth in RCW 14.20.050 shall be paid to the secretary. The fee for any calendar year may be paid on and after the first day of December of the preceding year. The secretary shall give appropriate receipts therefor. The fees collected under this chapter shall be credited to the aeronautics account. The secretary may prescribe requirements for the possession and exhibition of aircraft dealer's licenses and aircraft dealer's certificates.
[ 2017 3rd sp.s. c 25 s 48; 1998 c 187 s 2; 1984 c 7 s 14; 1955 c 150 s 6.]

catchline: Payment of fees—Fund—Possession and display of licenses and certificates.


title: RCW 14.20.070

text:
Before issuing an aircraft dealer license, the secretary shall require the applicant to file with the secretary a surety bond in the amount of twenty-five thousand dollars running to the state, and executed by a surety company authorized to do business in the state. The bond shall be approved by the attorney general as to form and conditioned that the dealer shall conduct his or her business in conformity with the provisions of this chapter, RCW 47.68.250, and 82.48.100. Any person who has suffered any loss or damage by reason of any act by a dealer which constitutes ground for refusal, suspension, or revocation of license under RCW 14.20.090 has a right of action against the aircraft dealer and the surety upon the bond. Successive recoveries against the bond shall be permitted, but the aggregate liability of the surety to all persons shall in no event exceed the amount of the bond.
[ 2010 c 8 s 5011; 1984 c 7 s 15; 1983 c 135 s 2; 1983 c 3 s 17; 1955 c 150 s 7.]
Notes:
Surety insurance: Chapter 48.28 RCW.

catchline: Surety bonds.


title: RCW 14.20.080

text:
Every dealer maintaining a branch or subagency in another city or town in this state shall be required to have a separate aircraft dealer's license for such branch or subagency, in the same manner as though each constituted a separate and distinct dealer.
[ 1955 c 150 s 8.]

catchline: Branches and subagencies.


title: RCW 14.20.090

text:
The secretary shall refuse to issue an aircraft dealer's license or shall suspend or revoke an aircraft dealer's license whenever he or she has reasonable grounds to believe that the dealer has:
(1) Forged or altered any federal certificate, permit, rating, or license relating to ownership and airworthiness of an aircraft;
(2) Sold or disposed of an aircraft which he or she knows or has reason to know has been stolen or appropriated without the consent of the owner;
(3) Willfully misrepresented any material fact in the application for an aircraft dealer's license, aircraft dealer's certificate, or registration certificate;
(4) Willfully withheld or caused to be withheld from a purchaser of an aircraft any document referred to in subsection (1) of this section if applicable, or an affidavit to the effect that there are no liens, mortgages, or encumbrances of any type on the aircraft other than noted thereon, if the document or affidavit has been requested by the purchaser;
(5) Suffered or permitted the cancellation of his or her bond or the exhaustion of the penalty thereof;
(6) Used an aircraft dealer's certificate for any purpose other than those permitted by this chapter or RCW 47.68.250 and 82.48.100;
(7) Except as provided in RCW 9.97.020, been adjudged guilty of a crime that directly relates to the business of an aircraft dealer and the time elapsed since the conviction is less than ten years, or had a judgment entered against the dealer within the preceding five years in any civil action involving fraud, misrepresentation, or conversion. For the purpose of this section, the term "adjudged guilty" means, in addition to a final conviction in either a state or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the imposition of the sentence is deferred or the penalty is suspended.
[ 2016 c 81 s 5; 2010 c 8 s 5012; 1984 c 7 s 16; 1983 c 135 s 3; 1983 c 3 s 18; 1955 c 150 s 9.]
Notes:
Finding—Conflict with federal requirements—2016 c 81: See notes following RCW 9.97.010.

catchline: Denial, suspension, revocation of license—Grounds.


title: RCW 14.20.100

text:
If the secretary issues an order that any person is not entitled to an aircraft dealer's license or that an existing license should be suspended or revoked, he or she shall forthwith notify the applicant or dealer in writing. The applicant has thirty days from the date of the secretary's order to appeal therefrom to the superior court of Thurston county, which he or she may do by filing a notice of the appeal with the clerk of the superior court and at the same time filing a copy of the notice with the secretary.
[ 2010 c 8 s 6001; 1984 c 7 s 17; 1955 c 150 s 10.]

catchline: Appeal from secretary's order.


title: RCW 14.40.005

text:
(1) The legislature finds:
(a) The state's transportation needs are growing and it is imperative that the state plan comprehensively to meet the needs of its citizens, particularly in the fastest growing regions of the state;
(b) That planning for the future of aviation must take a comprehensive coordinated look at the transportation system as a whole;
(c) The pandemic interfered with the ability of the commercial aviation coordinating commission to perform a thorough and complete study of the possibility of a new commercial airport;
(d) The creation of a new primary commercial aviation facility has the potential for environmental, health, social, and economic impacts on the surrounding communities, and the legislature recognizes any preferred location will require substantial environmental, land use, governance, and funding decisions from federal, state, and local governments;
(e) There is expected growth in commercial aviation, general aviation, and air cargo operations; the Puget Sound regional council May 2021 regional aviation baseline study final report estimates that by 2050 capacity restrictions in the central Puget Sound will create a gap between the demand for aviation activities and the capacity for those activities; and
(f) The exploration of alternatives to Seattle-Tacoma international airport is critical to address this anticipated demand through a variety of transportation strategies that may include the creation or expansion of other airports.
(2) The legislature, therefore, intends to replace the commercial aviation coordinating commission with the commercial aviation work group and direct the work group to provide a comprehensive investigation of airport capacity in the state and the best way to address aviation needs in the context of overall state transportation needs in the next 20 years using independent verifiable data.
[ 2023 c 463 s 1.]

catchline: Findings—Intent.


title: RCW 14.40.010

text:
(1) The state commercial aviation work group is created to carry out the functions of *section 3 of this act. The work group shall consist of 19 voting members.
(2) The governor shall appoint 19 voting members to represent the following interests:
(a) Four as representatives of commercial service airports and ports, one of whom shall represent a port located in a county with a population of 2,000,000 or more, one of whom shall represent a port in eastern Washington with an airport runway of at least 13,500 feet in length, one of whom shall represent a commercial service airport in eastern Washington located in a county with a population of 400,000 or more, and one representing an association of ports;
(b) Two as representatives from the airline industry or businesses dependent upon air service;
(c) One representative from a statewide business association;
(d) Seven citizen representatives with at least two appointed from eastern Washington and at least two appointed from western Washington. The citizen appointees must:
(i) Represent the public interests in the communities that are included in the work group's site research; and
(ii) Understand the impacts of a large commercial aviation facility on a community;
(e) A representative from the freight forwarding industry;
(f) A representative from the trucking industry;
(g) A representative from a community organization that understands the impacts of a large commercial aviation facility on a community; and
(h) Two representatives from statewide environmental organizations.
(3) The work group shall invite the following nonvoting members:
(a) A representative from the Washington state aviation alliance;
(b) Two members from the senate, with one member from each of the two largest caucuses in the senate, appointed by legislative leadership;
(c) Two members from the house of representatives, with one member from each of the two largest caucuses in the house of representatives, appointed by legislative leadership;
(d) A representative from the department of commerce;
(e) A representative from the division of aeronautics of the department of transportation;
(f) A representative from an eastern Washington metropolitan planning organization;
(g) A representative from a western Washington metropolitan planning organization;
(h) A representative from an eastern Washington regional airport; and
(i) A representative from a western Washington regional airport.
(4) The work group shall select a chair from among its voting membership and shall adopt rules related to its powers and duties under *section 3 of this act.
(5) Legislative members of the work group are reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement for other nonlegislative members is subject to chapter 43.03 RCW. The work group has all powers necessary to carry out its duties as prescribed by *section 3 of this act.
(6) The department of transportation shall provide staff support for coordinating and administering the work group and technical assistance as requested by work group members.
(7) At the direction of the work group, and as resources allow, the department of transportation is authorized to hire consultants to assist with the review and research efforts of the work group.
[ 2023 c 463 s 2.]
Notes:
*Reviser's note: Section 3, chapter 463, Laws of 2023 was vetoed.

catchline: State commercial aviation work group—Creation—Membership.


title: RCW 14.40.020

text:
The state commercial aviation work group shall submit a progress report to the governor and the transportation committees of the legislature by December 1, 2025, December 1, 2026, and annually every July 1st thereafter. The first report of the work group shall include a list of areas that will not have further review as the areas are in conflict with the operations of a military installation. The 2025 report must also identify unsuitable geographies due to either environmental impacts or impacts to overburdened communities. Additionally, during the 2025-2027 biennium, the work group must:
(1) Work to understand what studies currently exist on state transportation needs and capacities and identify any gaps of information; and
(2) Conduct meaningful community engagement with overburdened and vulnerable populations with a focus on the environmental justice impact of aviation on communities.
[ 2025 c 416 s 722; 2024 c 310 s 601; 2023 c 463 s 4.]
Notes:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2024 c 310: "Except for section 602 of this act, 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 [March 28, 2024]." [ 2024 c 310 s 702.]

catchline: Report to the governor and the legislature.


title: RCW 15.04.010

text:
As used in this title except where otherwise defined:
"Department" means the department of agriculture.
"Director" means the director of agriculture.
"Person" includes any individual, firm, corporation, trust, association, cooperative, copartnership, society, any other organization of individuals, and any other business unit, device, or arrangement.
[ 1961 c 11 s 15.04.010. Prior: (i) 1941 c 56 s 3; Rem. Supp. 1941 s 2828-4. (ii) 1941 c 56 s 4; Rem. Supp. 1941 s 2828-5. (iii) 1943 c 150 s 1, part; 1937 c 148 s 1, part; 1927 c 311 s 1, part; 1921 c 141 s 1, part; 1915 c 166 s 1, part; Rem. Supp. 1943 s 2839, part.]


title: RCW 15.04.090

text:
The director of agriculture may, at his or her discretion, for a period of not to exceed ten years, lease state lands which are now or may hereafter be, under his or her direction and control, the retention of which he or her [she] deems unnecessary for present state purposes or needs, to any nonprofit group or organization having educational, agricultural, or youth development purposes. Such leases shall be upon such terms as the director deems beneficial to the state. All rental funds received by the director under the provisions of this section shall be deposited in the fair fund created under RCW 15.76.115.
[ 2010 c 8 s 6002; 1998 c 345 s 1; 1961 c 11 s 15.04.090. Prior: 1953 c 119 s 1.]
Notes:
Severability—1998 c 345: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1998 c 345 s 14.]
Effective date—Contingent effective date—1998 c 345: "(1) Sections 1 through 9, and *16 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 3, 1998].
(2) Sections 10 through 12 of this act take effect July 1, 2001, if the repeal of RCW 67.16.100, 67.16.105, and 67.16.170 under section 9 of this act becomes effective." [ 1998 c 345 s 15.]
*Reviser's note: Section 16 of this act was vetoed by the governor.

catchline: Lease of unnecessary lands to nonprofit groups—Funds.


title: RCW 15.04.110

text:
The director of the state department of agriculture may control birds which he or she determines to be injurious to agriculture, and for this purpose enter into written agreements with the federal and state governments, political subdivisions and agencies of such governments, political subdivisions and agencies of this state including counties, municipal corporations and associations and individuals, when such cooperation will implement the control of predatory birds injurious to agriculture.
[ 2010 c 8 s 6003; 1961 c 247 s 1.]

catchline: Control of predatory birds.


title: RCW 15.04.120

text:
For the purpose of carrying out the provisions of RCW 15.04.110 the director may make expenditures and contract for personal services, control materials and equipment as required to carry out such predatory bird control functions.
[ 1961 c 247 s 2.]

catchline: Control of predatory birds—Expenditures and contracts.


title: RCW 15.04.150

text:
The legislature finds that the crops of berry growers in the state are imperiled by a recent change in the federal law relating to youthful agricultural workers. Since the berry harvest season is so short that few migrant agricultural workers find the trip to this state to pick berries worth the trouble, the long-established use of younger pickers must be permitted to the extent where such employment will not interfere with interstate commerce and the federal law. Further, the legislature finds that such employment is healthful, a good indoctrination for youth in the work ethic and the role of agriculture in society, and an opportunity youths welcome to earn extra spending money.
[ 1975 1st ex.s. c 238 s 1.]

catchline: Berry harvesting by youthful workers—Legislative finding.


title: RCW 15.04.160

text:
(1) An employee engaged to pick berries in this state outside of school hours for the school district where such employee is living while so employed may be less than twelve years of age: PROVIDED, That (a) the employee is employed with the consent of his or her parent or person standing in the place of his or her parent, (b) the berries are for sale within the state only, and are not to be shipped out of the state in any form; (c) the secretary of agriculture or his or her designated representative has certified that there are not sufficient workers available in the immediate area to harvest the crop without such youthful employees, and (d) all employees of any employer engaging youthful employees are paid at the same rate for picking berries.
(2) Each basket, package, or other container containing berries or berry products picked by an employee under twelve years of age shall be distinctively marked so as to insure that the berries do not enter interstate commerce: PROVIDED HOWEVER, That nothing in RCW 15.04.150 and 15.04.160 shall apply to employers who are exempt from the federal fair labor standards act.
[ 2010 c 8 s 6004; 1975 1st ex.s. c 238 s 2.]

catchline: Berry harvesting by youthful workers—Authorized—Restrictions.


title: RCW 15.04.200

text:
(1) Under the authority of Article VIII of the state Constitution as amended, agricultural commodity commission expenditures for agricultural development or trade promotion and promotional hosting by an agricultural commodities commission under chapters 15.24, 15.28, 15.44, 15.65, 15.66, 15.88, 15.89, 15.115, and 16.67 RCW shall be pursuant to specific budget items as approved by the agricultural commodity commission at the annual public hearings on the agricultural commodity commission budget.
(2) Agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by agricultural commodity commission employees, agents or commissioners. The rules shall identify officials and agents authorized to make expenditures and the objectives of the expenditures. Individual agricultural commodity commission commissioners shall make promotional hosting expenditures, or seek reimbursements for these expenditures, only in those instances where the expenditures have been approved by the agricultural commodity commission. All payments and reimbursements shall be identified and supported on vouchers.
(3) Agricultural commodity commissions shall be exempt from the requirements of RCW 43.01.090 and 43.19.500 and chapter 43.82 RCW.
[ 2009 c 33 s 33; 2006 c 330 s 24; 1987 c 452 s 16; 1986 c 203 s 24; 1985 c 26 s 1.]
Notes:
Construction—2006 c 330: See RCW 15.89.900.
Construction—Effective dates—1987 c 452: See RCW 15.88.900 and 15.88.901.
Effective date—Contingency—1985 c 26: "This act shall take effect January 1, 1986, if the proposed amendment to Article VIII, of the state Constitution authorizing agricultural commodity assessments for agricultural development or trade promotion and promotional hosting to be deemed a public use for a public purpose is validly submitted to and is approved and ratified by the voters at a general election held in November 1985. If the proposed amendment is not so approved and ratified, this act shall be null and void in its entirety." [ 1985 c 26 s 2.] The proposed constitutional amendment was approved by the voters on November 5, 1985. See Article VIII, section 11 of the state Constitution.

catchline: Agricultural development or trade promotion and promotional hosting—Expenditures, approval by commodity commission—Exemption from housing requirements.


title: RCW 15.04.300

text:
The department of agriculture is authorized to develop, in cooperation with Washington State University and other state agencies, an informational guide to programs offered by state and federal agencies which would be of assistance to farm families. The informational guide shall be made available to farmers and ranchers through county extension offices, farm organizations, and other appropriate means.
[ 1987 c 393 s 26.]

catchline: Guide to state and federal programs of assistance to farm families.


title: RCW 15.04.400

text:
The history, economy, culture, and the future of Washington state to a large degree all involve agriculture, which is vital to the economic well-being of the state. The legislature finds that farmers and ranchers are responsible stewards of the land, but are increasingly subjected to complaints and unwarranted restrictions that encourage, and even force, the premature removal of lands from agricultural uses.
The legislature further finds that it is now in the overriding public interest that support for agriculture be clearly expressed and that adequate protection be given to agricultural lands, uses, activities, and operations.
The legislature further finds that the department of agriculture has a duty to promote and protect agriculture and its dependent rural community in Washington state however, the duty shall not be construed as to diminish the responsibility of the department to fully carry out its assigned regulatory responsibilities to protect the public health and welfare.
[ 1994 c 46 s 9; 1991 c 280 s 1.]
Notes:
Effective date—1994 c 46: See note following RCW 15.58.070.

catchline: Findings—Department's duty to promote agriculture, protect public health and welfare.


title: RCW 15.04.402

text:
The department shall seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber. Additionally, the department shall seek, consistent with its regulatory responsibilities, to maintain the economic well-being of the agricultural industry and its dependent rural community in Washington state.
[ 1994 c 46 s 10; 1991 c 280 s 2.]
Notes:
Effective date—1994 c 46: See note following RCW 15.58.070.

catchline: Department to advance private sector, economic well-being of agricultural industry.


title: RCW 15.04.410

text:
(1) Before being offered for retail sale in this state, any agricultural commodity, defined under RCW 15.66.010, that was grown or raised in this state may be advertised, labeled, described, sold, marked, or otherwise held out, with the words "Washington state grown," or other similar language indicating that the product is from Washington state grown or raised agricultural commodities.
(2) An agricultural commodity that was not grown or raised in this state and packages of that product shall not be advertised, labeled, described, sold, marked, or otherwise held out as "Washington state grown," or in any way as to imply that such product is a Washington state grown or raised agricultural commodity.
(3) It is unlawful for any person to violate this section.
(4) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this section are not reasonable in relation to the development and preservation of business. A violation of this section is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 1995 c 97 s 1.]

catchline: Declarations of "Washington state grown"—Restrictions—Violations unlawful—Application of consumer protection act.


title: RCW 15.04.415

text:
(1) The legislature finds that it is a common practice for consumers to be provided information as to the country [of] origin for many products available to them for purchase. The legislature finds that consumers have a right to know the origin of the fresh fruits and vegetables being offered to them at retail sale. The legislature finds that there is value to the consumer being able to make an informed buying decision as to whether the fresh fruit or vegetable was produced under standards and conditions required in the United States. Further, the legislature finds that consumers should be given the ability to make an informed choice to buy fresh fruits and vegetables that are grown in Washington state as a means of supporting the economy of the state.
(2) Stores or other businesses offering fresh fruit and vegetables for retail sale to consumers shall place a placard on the bin, shelf, or other location the product is displayed that informs the consumer where the fruit or vegetable was grown if it was grown in the United States or grown in Washington. The placard shall indicate that the product was either "Grown in United States" or "Grown in Washington." Placards are not required if (a) the product was grown outside of the United States, or (b) each item in the bin, shelf, or other location contains a sticker or label that indicates where the fruit or vegetable product was grown.
[ 2002 c 40 s 1.]

catchline: Information on product country of origin—Findings—Use of placards.


title: RCW 15.04.420

text:
(1)(a) Subject to the availability of amounts appropriated for this specific purpose, the department must establish and implement a compost reimbursement program to reimburse farming operations in the state for purchasing and using compost products that were not generated by the farming operation, including transportation, spreading equipment, labor, fuel, and maintenance costs associated with spreading equipment. The grant reimbursements under the program begin July 1, 2023.
(b) For the purposes of this program, "farming operation" means: A commercial agricultural, silvicultural, or aquacultural facility or pursuit, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment.
(2) To be eligible to participate in the reimbursement program, a farming operation must complete an eligibility review with the department prior to transporting or applying any compost products for which reimbursement is sought under this section. The purpose of the review is for the department to ensure that the proposed transport and application of compost products is consistent with the department's agricultural pest control rules established under chapter 17.24 RCW. A farming operation must also verify that it will allow soil sampling to be conducted by the department upon request before compost application and until at least 10 years after the last grant funding is used by the farming operation, as necessary to establish a baseline of soil quality and carbon storage and for subsequent department evaluations to assist the department's reporting requirements under subsection (8) of this section.
(3) The department must create a form for eligible farming operations to apply for cost reimbursement for costs from purchasing and using compost from facilities with solid waste handling permits or that are permit exempt, including transportation, equipment, spreading, and labor costs. Compost must meet the applicable requirements for compost established by the department of ecology under chapter 70A.205 RCW. The department must prioritize applicants who purchase and use compost containing food waste feedstocks, where it is practicable for the applicant to purchase and use compost containing food waste feedstocks. All applications for cost reimbursement must be submitted on the form along with invoices, receipts, or other documentation acceptable to the department of the costs of purchasing and using compost products for which the applicant is requesting reimbursement, as well as a brief description of what each purchased item will be used for. The department may request that an applicant provide information to verify the source, size, sale weight, or amount of compost products purchased and the cost of transportation, equipment, spreading, and labor. The applicant must also declare that it is not seeking reimbursement for purchase or labor costs for:
(a) Its own compost products; or
(b) Compost products that it has transferred, or intends to transfer, to another individual or entity, whether or not for compensation.
(4) A farming operation may submit only one application per fiscal year in which the program is in effect for purchases made and usage costs incurred during the fiscal year that begins on July 1st and ends on June 30th. Applications for reimbursement must be filed before the end of the fiscal year in which purchases were made and usage costs incurred.
(5) The department must distribute reimbursement funds, subject to the following limitations:
(a) A farming operation is not eligible to receive reimbursement if the farming operation's application was not found eligible for reimbursement by the department under subsection (2) of this section prior to the transport or use of compost;
(b) A farming operation is not eligible to receive reimbursement for more than 50 percent of the costs it incurs each fiscal year for the purchase and use of compost products, including transportation, equipment, spreading, and labor costs;
(c) The department must attempt to achieve fair distribution of reimbursement funding across different farm size categories, based on acreage categories determined by the department, and which is not to exceed a maximum of $20,000 per fiscal year for the largest farming operation category determined by the department;
(d) A farming operation is not eligible to receive reimbursement for its own compost products or compost products that it has transferred, or intends to transfer, to another individual or entity, whether or not for compensation; and
(e) A farming operation is not eligible to receive reimbursement for compost products that were not purchased from a facility with a solid waste handling permit or a permit-exempt facility.
(6) The applicant shall indemnify and hold harmless the state and its officers, agents, and employees from all claims arising out of or resulting from the compost products purchased that are subject to the compost reimbursement program under this section.
(7) There is established within the department a compost reimbursement program manager position. The compost reimbursement program manager must possess knowledge and expertise in the area of program management necessary to carry out the duties of the position, which are to:
(a) Facilitate the division and distribution of available costs for reimbursement; and
(b) Manage the day-to-day coordination of the compost reimbursement program.
(8) In compliance with RCW 43.01.036, the department must submit an annual report to the appropriate committees of the legislature by January 15th of each year of the program in which grants have been issued or completed. The report must include:
(a) The amount of compost for which reimbursement was sought under the program;
(b) The qualitative or quantitative effects of the program on soil quality and carbon storage; and
(c) A periodically updated evaluation of the benefits and costs to the state of expanding or furthering the strategies promoted in the program.
[ 2024 c 341 s 601; 2022 c 180 s 502.]
Notes:
Findings—Intent—2024 c 341: See note following RCW 70A.207.040.
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Compost reimbursement program—Eligibility—Application form—Limitations on distribution of funds—Report to the legislature.


title: RCW 15.08.010

text:
As used in this chapter:
(1) "Supervisor" means an assistant director known as the supervisor of plant industry.
(2) "Horticultural premises" includes orchards, vineyards, nurseries, berry farms, vegetable farms, cultivated cranberry marshes, packing houses, dryhouses, warehouses, depots, docks, cars, vessels and other places where nursery stock, fruits, vegetables and other horticultural products are grown, stored, packed, shipped, held for shipment or delivery, sold or otherwise disposed of.
(3) "Nursery stock" includes, but is not limited to, any horticultural, floricultural, viticultural, and vegetable plant, for planting, propagation or ornamentation, growing or otherwise, including cut plant material.
(4) "Pests and diseases" means, but is not limited to, any living stage of any insect, mite, nematode, slug, snail, protozoa, or other invertebrate animal, bacteria, fungus, other parasitic plant, weed, or reproductive part thereof, virus or any organism similar to or allied with any of the foregoing, or any infectious substance, which can directly or indirectly injure or cause disease or damage in or to any plant or parts thereof, or any processed, manufactured, or other products of plants.
(5) "Nuisance" means any plant, produce or property found in any commercial area upon which is found any pest or disease that is or may be a source of infestation of other properties.
(6) "Commercial area" means a district where any horticultural product is being produced to the extent that a producer is dependent thereon, in whole or in part, for his or her livelihood.
(7) "Infect," and its derivatives "infected," "infecting," and "infection," means affected by or infested with pests or diseases as above defined.
(8) "Disinfect," and its derivatives, means the control, cure, or eradication of such pests or diseases by cutting or destroying infected parts or the application of effective pesticides.
[ 2010 c 8 s 6005; 1981 c 296 s 4; 1961 c 11 s 15.08.010. Prior: (i) 1943 c 150 s 1, part; 1937 c 148 s 1, part; 1927 c 311 s 1, part; 1921 c 141 s 1, part; 1915 c 166 s 1, part; Rem. Supp. 1943 s 2839, part. (ii) 1941 c 20 s 2; Rem. Supp. 1941 s 2849-1b. (iii) 1941 c 20 s 3; Rem. Supp. 1941 s 2849-1c. (iv) 1941 c 20 s 4; Rem. Supp. 1941 s 2849-1d. (v) 1923 c 37 s 3, part; 1921 c 141 s 4, part; 1915 c 166 s 5, part; RRS s 2843, part.]
Notes:
Severability—1981 c 296: "If any provision of this 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." [ 1981 c 296 s 40.]

catchline: Definitions.


title: RCW 15.08.020

text:
The following methods shall be used for the prevention, control or disinfection of pests and diseases:
(1) Bacterial diseases, removal and destruction of infected plant or part thereof, care being used to disinfect removal tools to prevent infection therefrom;
(2) Fungus diseases, spraying with effective fungicide;
(3) Chewing or sucking insect pests, spraying with effective insecticide;
(4) Fungus insect pests, spraying with other effective solutions or emulsions described in circulars issued by the director.
[ 1961 c 11 s 15.08.020. Prior: 1923 c 37 s 3, part; 1921 c 141 s 4, part; 1915 c 166 s 5, part; RRS s 2843, part.]

catchline: Methods of prevention, control and disinfection.


title: RCW 15.08.025

text:
The method for disinfecting fruit trees required to be disinfected under the provisions of this chapter shall be as prescribed in the official published recommendations of the Washington State University for the proper prevention, control and eradication of pests and diseases of fruit trees.
Whenever specific recommendations for disinfecting fruit trees are not set forth in the official published recommendations of the Washington State University, the generally accepted horticultural practices for the prevention, control and eradication of any pests and diseases in the producing area shall be used.
The burden of proving that the proper procedures as set forth in this section have been followed shall be upon the person ordered to disinfect fruit trees.
The disinfection of fruit trees as in this section set forth shall in no way limit the authority of the inspection board to determine that such fruit trees constitute a nuisance and thus shall be subject to removal as provided for in this chapter.
[ 1981 c 296 s 5; 1965 c 27 s 2.]
Notes:
Severability—1981 c 296: See note following RCW 15.08.010.
Purpose—1965 c 27: "The production of tree fruits in the state of Washington is a major agricultural industry promoting the general economic welfare of the state and beneficial to the health of the public. The proper maintenance of fruit tree orchards to insure the continued and increased benefits to the health and welfare of the state makes it necessary to prevent, eradicate and control any pests or diseases which are or may be injurious to such fruit trees and the produce therefrom. Such prevention, eradication and control of pests and diseases which are or may be injurious to fruit trees and their crops may require chemical or biological control or removal of host trees which may be hosts and breeding places for such diseases and pests. The provisions of this act are adopted under the police power of the state for the purpose of protecting its health and general welfare, presently and in the future." [ 1965 c 27 s 1.]

catchline: Disinfection of fruit trees—Procedures to be followed.


title: RCW 15.08.030

text:
It is the duty of every owner, shipper, consignee, or other person in charge of fruits, vegetables, or nursery stock, and the owner, lessee, or occupant of horticultural premises, to use sufficient methods of prevention to keep said properties free from infection by pests or disease. In event any of said properties become infected it is the duty of said persons to use effective methods to control or destroy the infection by disinfection as in this chapter defined. All fruits, vegetables and nursery stock which cannot be successfully disinfected shall be promptly destroyed.
In counties where black stem rust infection occurs every owner or person in charge of premises on which barberry bushes of the rust-producing varieties are growing shall forthwith destroy such bushes.
Within forty-eight hours after removal of any cuttings or prunings from bacterially infected trees or plants infected with fruit tree leaf roller egg clusters the person removing same shall disinfect or destroy them by burning or scorching.
[ 1961 c 11 s 15.08.030. Prior: (i) 1927 c 311 s 3; 1923 c 37 s 2; 1915 c 166 s 4; RRS s 2842. (ii) 1921 c 141 s 8; 1915 c 166 s 18; RRS s 2856.]

catchline: Duty to disinfect, destroy—Disposal of cuttings.


title: RCW 15.08.040

text:
The director, supervisor, and horticultural inspectors are authorized to at any time enter horticultural premises and any structure where fruit, vegetables, nursery stock, or horticultural products are grown or situated for any purpose, to inspect the same for infection.
No person shall hinder or interfere with any such officer in entering or inspecting or performing any duty imposed upon him or her.
[ 2010 c 8 s 6006; 1961 c 11 s 15.08.040. Prior: 1915 c 166 s 9; RRS s 2847.]

catchline: Authority to enter premises—Interference unlawful.


title: RCW 15.08.050

text:
If the premises or property inspected is found to be infected the inspecting officer shall condemn the same and serve upon the owner or person in charge thereof a written notice of the condemnation, describing the premises or property with reasonable certainty, and ordering the infected portion to be disinfected, or to be destroyed if incapable of disinfection, within a time and in a manner stated therein, and giving notice that if the order is not complied with in the time stated, the officer will disinfect or destroy the property and charge the expense thereof to the owner or against the premises.
No person shall ship, sell, or otherwise dispose of or part with possession of, or transport, any such condemned property until all requirements of said notice and order are complied with and written permit of the inspector so to do is issued.
[ 1961 c 11 s 15.08.050. Prior: 1943 c 150 s 4, part; 1929 c 150 s 1, part; 1925 ex.s. c 108 s 1, part; 1919 c 195 s 2 1/2, part; 1915 c 166 s 10, part; Rem. Supp. 1943 s 2848, part.]

catchline: Condemnation of infected property—Disposal of, unlawful.


title: RCW 15.08.060

text:
Said notice of condemnation shall also grant permission to the owner or person in charge of infected fruit, vegetables, or nursery stock to divide the same into classes:
(1) The portion not infected;
(2) The infected portion which is capable of successful disinfection; and
(3) The infected portion which is incapable of successful disinfection and must be destroyed.
Said notice shall require the owner or person to disinfect class (2) and destroy class (3) within the time stated.
[ 1961 c 11 s 15.08.060. Prior: 1943 c 150 s 4, part; 1929 c 150 s 1, part; 1925 ex.s. c 108 s 1, part; 1919 c 195 s 2 1/2, part; 1915 c 166 s 10, part; Rem. Supp. 1943 s 2848, part.]

catchline: Condemnation of infected property—Notice to owner—Division into classes.


title: RCW 15.08.070

text:
In the case of fruit or vegetables which cannot be successfully disinfected the inspector may grant to the owner or person in charge thereof a written permit to use the condemned products for stock feed, or manufacture the same into by-products, or ship them to a by-product factory; and it is unlawful for the person receiving such permit to sell or dispose of such products without first having the same manufactured into a by-product or shipped to a by-product factory, or to divert any such shipment when made, or for the consignee of such shipment to sell or dispose of the same until it is manufactured into a by-product.
[ 1961 c 11 s 15.08.070. Prior: 1943 c 150 s 4, part; 1929 c 150 s 1, part; 1925 ex.s. c 108 s 1, part; 1919 c 195 s 2 1/2, part; 1915 c 166 s 10, part; Rem. Supp. 1943 s 2848, part.]

catchline: Condemnation of infected property—Use of condemned fruit, vegetables—Permit.


title: RCW 15.08.080

text:
Personal service of said notice shall be made upon the person in possession or in charge of said premises or property if possible. If such person is not the owner, or personal service cannot be made on such person, then a copy of the notice shall be mailed or telegraphed to the owner at his or her home or post office address if known or can with reasonable diligence be ascertained. If personal service cannot be made upon any person in possession or charge of the premises or property and the name and address of the owner thereof are not known or cannot be so ascertained, then the notice shall be served by posting the same in some conspicuous place on the premises where the property to be disinfected or destroyed is situated, which service by posting shall be construed to be constructive personal service upon such owner. If the name and address of the owner are not known or cannot be so ascertained, service upon the person in possession or charge of the premises or property shall constitute substituted personal service upon the owner, in the absence of fraud or gross neglect.
[ 2010 c 8 s 6007; 1961 c 11 s 15.08.080. Prior: 1943 c 150 s 4, part; 1929 c 150 s 1, part; 1925 ex.s. c 108 s 1, part; 1919 c 195 s 2 1/2, part; 1915 c 166 s 10, part; Rem. Supp. 1943 s 2848, part.]

catchline: Condemnation of infected property—Service of notice—Personal, constructive, substituted.


title: RCW 15.08.090

text:
Except as hereinabove provided, upon service of said notice the owner or person in possession or charge of the premises or property shall comply with its terms within the time specified. In case of their failure so to do, the inspector may enter the premises and perform or cause to be performed the services required in the notice. He or she shall keep an accurate account of the expense of performing said services, which shall become a lien on the premises or property which may be foreclosed in the manner herein provided. The lien on personal property shall have preference over all other liens.
If the inspector has not disinfected or destroyed the property it may be declared a nuisance as herein provided and treated as such.
[ 2010 c 8 s 6008; 1961 c 11 s 15.08.090. Prior: (i) 1943 c 150 s 4, part; 1929 c 150 s 1, part; 1925 ex.s. c 108 s 1, part; 1919 c 195 s 2 1/2, part; 1915 c 166 s 10, part; Rem. Supp. 1943 s 2848, part. (ii) 1943 c 150 s 5; 1935 c 168 s 4; 1931 c 27 s 2; 1927 c 311 s 4; 1915 c 166 s 11; Rem. Supp. 1943 s 2849.]

catchline: Condemnation of infected property—Duty to comply—Inspector's duty on failure—Lien for costs.


title: RCW 15.08.100

text:
The officer disinfecting personal property may enforce the lien thereon provided for in RCW 15.08.090 by impounding and selling the property. He or she shall give notice of the impounding and proposed sale by posting a written notice in a conspicuous place upon the premises where the property is impounded and serve said notice upon the owner or person in charge of the property in the manner provided for service of notice to disinfect in RCW 15.08.080. Said notice shall state that the property, describing it with reasonable certainty, has been impounded, where it is situated, the amount of costs and expenses charged against it, and that unless same are paid within a specified time the property will be sold to satisfy said charges, accrued transportation and storage charges, if any, and costs of sale. Said specified time shall not be less than ten days after giving of the notice, except that immediate sale may be made of perishable fruits or vegetables.
[ 2010 c 8 s 6009; 1961 c 11 s 15.08.100. Prior: 1915 c 166 s 12, part; RRS s 2850, part.]

catchline: Foreclosure of lien—Sale—Notice of impounding—Contents.


title: RCW 15.08.110

text:
Such sales may be either at public auction or private sale, whichever, in the sound discretion of the officer, will be to the best interests of the state and owner of the property. The proceeds thereof shall be applied to payment of: First, costs of sale; second, expenses of disinfection; third, accrued transportation and storage charges. The balance, if any, shall be paid to the owner.
Should such proceeds be insufficient to pay the costs of sale and expenses of disinfection, the deficiency may be recovered from the owner or person in charge in an action brought in the name of the state on the relation of the director by the prosecuting attorney of the county when directed to do so by the attorney general.
[ 1961 c 11 s 15.08.110. Prior: 1915 c 166 s 12, part; RRS s 2850, part.]

catchline: Sale proceeds—Deficiency—Action to recover.


title: RCW 15.08.120

text:
The inspector shall make and sign a record of the proceedings, stating the name of the owner or reputed owner of the property, if known; location of the property, date of inspection and the results thereof; date and manner of giving notice to disinfect; failure to disinfect; disinfection by the inspector; the cost thereof in detail; date and manner of giving notice of impounding and sale; date, place, and manner of sale; name of the purchaser; and amount of the proceeds and disposition thereof.
Upon demand of the owner or person in charge of the property, the inspector shall furnish him or her with a verified copy of the record, and tender him or her the balance of the proceeds. If no demand is made within thirty days of the sale, or if the tender is refused, the inspector shall file a verified copy of the record with and remit any balance of the proceeds to the director, and if it is not claimed by the owner within six months, it shall be deposited in the state treasury.
The record or a verified copy thereof shall be admissible in evidence as prima facie evidence of the truth of its contents.
[ 2010 c 8 s 6010; 1961 c 11 s 15.08.120. Prior: 1915 c 166 s 12, part; RRS s 2850, part.]

catchline: Record of proceedings—Verified copy as evidence.


title: RCW 15.08.130

text:
The inspector disinfecting any horticultural premises shall make and sign a detailed record of the proceedings, stating the legal description of the premises; give the name of the owner or reputed owner; the date of inspection and the results thereof; date and manner of giving notice to disinfect; failure to disinfect; disinfection by the inspector; and the cost thereof in detail. If the cost is not paid within five days from the completion of the disinfecting, the inspector shall file with the auditor of the county in which the premises are situated two verified copies of the above record, and a claim of lien against the premises for the amount of the costs and therein refer to the record, which the auditor shall record as other lien claims. The auditor shall charge the same fees as are charged for filing and recording other liens.
[ 1961 c 11 s 15.08.130. Prior: 1927 c 311 s 5, part; 1921 c 141 s 5, part; 1915 c 166 s 14, part; RRS s 2852, part.]

catchline: Record of premises disinfected—Costs—Lien.


title: RCW 15.08.140

text:
The county auditor shall forthwith issue warrants in payment of the labor employed in the work, and thereupon the county shall be subrogated to all rights of the laborers so paid. He or she shall fix the day for hearing on the record before the county commissioners, which shall be not less than twenty days from the date of filing. He or she shall prepare a notice directed to the owner or reputed owner of the premises of the filing of the record and claim and the hearing thereon, the time and place of the hearing and the amount of the claim. The sheriff shall serve the notice in the manner provided for service of the notice to disinfect, and file with the auditor before the hearing, his or her return of service and the amount of his or her fees, which shall be the same as for service of summons in civil proceedings.
[ 2010 c 8 s 6011; 1961 c 11 s 15.08.140. Prior: 1927 c 311 s 5, part; 1921 c 141 s 5, part; 1915 c 166 s 14, part; RRS s 2852, part.]

catchline: Hearing on costs—Notice—Service.


title: RCW 15.08.150

text:
If before or at the hearing the amount of the claim and the auditor's and sheriff's fees are paid to the county treasurer, he or she shall deliver to the auditor a duplicate receipt of the payment and the auditor shall cancel the lien and notify the county commissioners thereof. The treasurer shall pay the funds to the persons entitled thereto as appears from the records in the auditor's office.
If payment is not made, the auditor shall present to the board of county commissioners a verified copy of the record and claim, which shall be accepted in any proceeding as prima facie evidence of the truth of the contents thereof. The board shall receive and consider the record and claim and all sworn testimony offered, and shall enter an order fixing the amount of the claim and costs, and direct the amount paid from the current expense fund, and the auditor shall draw warrants therefor. The auditor shall record the order in his or her office as other lien claims and it shall be a lien against the premises in favor of the county, and shall bear interest at six percent per year from the date of the order.
[ 2010 c 8 s 6012; 1961 c 11 s 15.08.150. Prior: 1927 c 311 s 5, part; 1921 c 141 s 5, part; 1915 c 166 s 14, part; RRS s 2852, part.]

catchline: Payment and release—Order on amount—Priority of lien.


title: RCW 15.08.160

text:
The lien and interest may be paid on or before the first Monday in October following the entry of the order, upon presenting to the treasurer, a statement from the auditor showing the amount due. Upon payment the treasurer shall stamp the statement and file it in his or her records, and shall issue a receipt to the person making the payment, showing payment and shall deliver a duplicate to the auditor, who shall then cancel the lien.
[ 2010 c 8 s 6013; 1961 c 11 s 15.08.160. Prior: 1927 c 311 s 5, part; 1921 c 141 s 5, part; 1915 c 166 s 14, part; RRS s 2852, part.]

catchline: Payment date—Cancellation of lien.


title: RCW 15.08.170

text:
If the lien and interest are not paid on or before such first Monday in October the commissioners, when levying taxes for the ensuing year, shall also levy on the premises covered by the lien, a tax for the amount of the lien and interest, together with a penalty of six percent, which tax shall be collected as other taxes for current expenses. The auditor shall then cancel the lien and note thereon that the amount thereof has been charged against the premises as taxes.
The tax shall be credited to the current expense fund and used to defray the expense of horticultural inspection and disinfection in the county, whether or not such expenditure has been included in the estimates made in the current county budget.
[ 1961 c 11 s 15.08.170. Prior: 1927 c 311 s 5, part; 1921 c 141 s 5, part; 1915 c 166 s 14, part; RRS s 2852, part.]

catchline: Failure to pay—Conversion into taxes—Use.


title: RCW 15.08.180

text:
If a horticultural inspector finds premises or property infected, he or she shall make a written report thereof to the inspector-at-large in his or her district stating the disease or infestation found, the estimated extent thereof, and whether in his or her opinion it is or will become a nuisance. Upon receipt of the report the inspector-at-large shall appoint a person residing within three miles of the said premises or property and who is a grower of horticultural products which could be infected from said premises or property, and who, with the inspector-at-large or someone delegated by him or her from his or her department, shall appoint a third person likewise a grower of agricultural products which could be so infected. Said three persons shall constitute an inspection board whose duty shall be to forthwith examine the infested premises or property so as to determine whether same or any part thereof is infested with any pest or disease named in RCW 15.08.010.
The board members shall have the same power of entry and inspection as the director, supervisor, or horticultural inspector and shall be compensated at the rate of four dollars per day to be paid from the county current expense budget for horticulture.
[ 2010 c 8 s 6014; 1961 c 11 s 15.08.180. Prior: (i) 1941 c 20 s 5; 1915 c 166 s 6; Rem. Supp. 1941 s 2849-1e. (ii) 1941 c 20 s 7, part; Rem. Supp. 1941 s 2849-1g, part.]


title: RCW 15.08.190

text:
Said board shall make a written report to the inspector-at-large of its findings, signed under oath by a majority of its members and stating:
(1) Whether said premises or a part thereof are infested,
(2) If infested, the nature and extent of infestation, and
(3) Whether the infestation constitutes a nuisance. If the report shows the premises infested and constituting a nuisance, it and the findings of the inspector, shall be transmitted forthwith to the prosecuting attorney of the county. Within five days the prosecuting attorney shall file in the superior court a petition, signed and verified by him or her, describing the premises or property, giving the names of the owners, encumbrancers and other persons interested therein, as ascertained from the county records, containing a recital of the proceedings taken under RCW 15.08.050, 15.08.060, 15.08.070, 15.08.080, 15.08.090, and 15.08.180, and praying for an order declaring the premises or property to be a nuisance. Said report of the inspection board shall be attached to the petition as an exhibit and made a part thereof.
[ 2010 c 8 s 6015; 1961 c 11 s 15.08.190. Prior: 1941 c 20 ss 6, 7, part, 8; Rem. Supp. ss 2849-1f, 2849-1g, part, 2849-1h.]

catchline: Report of inspection—Nuisance abatement.


title: RCW 15.08.200

text:
A notice containing a description of the premises, stating the objects and purposes of the petition and the time and place of presentation of the petition to the court, shall be served upon every person named as interested in the premises at least five days prior to the time of presentation. Service of the notice shall be as nearly as possible in the manner provided by law for service of summons in a civil action, except that if service is had by publication the period of publication shall be two weekly publications in a newspaper published or of general circulation in the county, and the service shall be deemed completed on the expiration of fifteen days after the date of the first publication.
Proof of service may be made by affidavit of the person serving or publishing the notice and shall be filed with the clerk of the court on or before the time of presentation of the petition.
On application of any party or its own motion the court may adjourn the hearing from time to time, and may order new or further notice to be given any person whose interest may be affected.
[ 1961 c 11 s 15.08.200. Prior: (i) 1941 c 20 s 9; 1937 c 71 s 2; Rem. Supp. s2849-2. (ii) 1937 c 71 s 3; RRS s 2849-3.]

catchline: Notice of hearing—Service—Adjournments.


title: RCW 15.08.210

text:
At the hearing there must be competent proof that all parties interested in the premises or property have been duly served with said notice, and that the procedure prescribed in RCW 15.08.050, 15.08.060, 15.08.070, 15.08.080, 15.08.090, and 15.08.180 has been duly followed. The report of the inspection board shall be prima facie evidence that the premises are infested and constitute a nuisance. If there is no showing that said board acted in a capricious, arbitrary or unfair manner, the court shall accept the recommendation of said board and forthwith decree the plants, produce or property on the premises to constitute a nuisance and order the inspector-at-large of the district and the county commissioners to destroy the same, or abate the nuisance in such other manner as the court may direct.
The costs of destruction or abatement, and of the proceedings shall be taxed against the defendants therein.
[ 1961 c 11 s 15.08.210. Prior: (i) 1941 c 20 s 10; Rem. Supp. 1941 s 2849-2a. (ii) 1937 c 71 s 4; RRS s 2849-4.]

catchline: Order of abatement.


title: RCW 15.08.220

text:
An appeal may be taken from the decree by filing notice thereof not later than ten days after issuance of the decree. The appellant shall be required to file an appeal bond of not less than one thousand dollars and sufficient in amount to cover possible damages to neighboring properties due to delay in carrying out the decree.
[ 1961 c 11 s 15.08.220. Prior: 1941 c 20 ss 11, 12; Rem. Supp. 1941 ss 2849-2b, 2849-2c.]

catchline: Appeals—Bond for damages.


title: RCW 15.08.230

text:
The director may require the governing body of counties, cities, towns and irrigation and school districts or other political subdivisions of the state to disinfect or destroy all infected trees, shrubs, or other nursery stock growing upon public property within their respective jurisdictions, or the director may disinfect or destroy such infected trees, shrubs, or other nursery stock.
[ 1981 c 296 s 6; 1961 c 11 s 15.08.230. Prior: 1915 c 166 s 19; RRS s 2857.]
Notes:
Severability—1981 c 296: See note following RCW 15.08.010.

catchline: Disinfection of public properties.