title: RCW 79.36.400

text:
Should the owner or operator of any private railroad, skid road, flume, canal, watercourse or other easement operating over lands acquired since the fifteenth day of June, 1911, or hereafter acquired, from the state, as in the previous sections provided, fail to agree with the state, or any grantee thereof, as to the reasonable and proper rules, regulations and charges, concerning the transportation of timber, mineral, stone, sand, gravel or other valuable materials, from lands contiguous to, or in proximity to, the lands over which such private railroad, skid road, flume, canal, watercourse or other easement, is operated, for transporting or moving such valuable materials, the state, or such person, firm or corporation, owning and desiring to have such valuable materials transported or moved, may apply to the state utilities and transportation commission and have the reasonableness of the rules and regulations and charges inquired into, and it shall be the duty of the utilities and transportation commission to inquire into the same and it is hereby given the same power and authority to investigate the same as it is now authorized to investigate or inquire into the reasonableness of rules, regulations and charges made by railroad companies, and it is authorized and empowered to make any such order as it would make in an inquiry against a railroad company, and in case such private railroad, skid road, flume, canal, watercourse or easement, is not then in use, may make such reasonable, proper and just rules and regulations concerning the use thereof for the purposes aforesaid as may be just and proper, and such order shall have the same force and effect, and be binding upon the parties to such hearing, as though such hearing and order was made affecting a common carrier railroad.
[ 1983 c 4 s 6; 1927 c 255 s 81; RRS s 7797-81. Prior: 1911 c 109 s 4. Formerly RCW 79.01.324, 79.36.040.]
Notes:
Similar enactment: RCW 79.36.630.
Transportation, general regulations: Chapter 81.04 RCW.

catchline: Duty of utilities and transportation commission.


doc_type: statute

jurisdiction: wa

title: RCW 79.36.410

text:
In case any person, firm or corporation, owning or operating any private railroad, skid road, flume, canal, watercourse or other easement, over and across any state lands, or any lands acquired since the fifteenth day of June, 1911, or hereafter acquired, from the state, subject to the provisions of the preceding sections, shall violate or fail to comply with any rule, regulation or order made by the utilities and transportation commission, after an inquiry and hearing as provided in the preceding section, such person, firm or corporation, shall be subject to a penalty of not to exceed one thousand dollars for each and every violation thereof, and in addition thereto such right-of-way, private road, skid road, flume, canal, watercourse or other easement and all improvements and structures on such right-of-way, and connected therewith, shall revert to the state or to the owner of the land over which such right-of-way is located, and may be recovered in an action instituted in any court of competent jurisdiction.
[ 1982 1st ex.s. c 21 s 170; 1927 c 255 s 82; RRS s 7797-82. Prior: 1911 c 109 s 5. Formerly RCW 79.01.328, 79.36.050.]
Notes:
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
Similar enactment: RCW 79.36.640.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Penalty for violation of orders.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 79.36.430

text:
Any such right-of-way heretofore granted which has never been used, or has ceased to be used for the purpose for which it was granted, for a period of two years, shall be deemed forfeited. The forfeiture of any such right-of-way heretofore granted, or granted under the provisions of the preceding sections, shall be rendered effective by the mailing of a notice of such forfeiture to the grantee thereof at his or her last known post office address and by stamping a copy of such certificate, or other record of the grant, in the office of the department with the word "canceled", and the date of such cancellation.
[ 2003 c 334 s 384; 1927 c 255 s 84; RRS s 7797-84. Prior: 1921 c 55 s 1; 1915 c 147 s 12; 1897 c 89 s 34; 1895 c 178 s 45. Formerly RCW 79.01.336, 79.36.070.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Similar enactment: RCW 79.36.650.

catchline: Forfeiture for nonuse.


title: RCW 79.36.440

text:
Any county or city or the United States of America or state agency desiring to locate, establish, and construct a road or street over and across any state lands of the state of Washington shall by resolution of the board of county commissioners of such county, or city council or other governing body of such city, or proper agency of the United States of America, or state agency, cause to be filed in the office of the department a petition for a right-of-way for such road or street, setting forth the reasons for the establishment thereof, accompanied by a duly attested copy of a plat made by the county or city engineer or proper agency of the United States of America, or state agency, showing the location of the proposed road or street with reference to the legal subdivisions, or lots and blocks of the official plat, or the lands, over and across which such right-of-way is desired, the amount of land to be taken and the amount of land remaining in each portion of each legal subdivision or lot or block bisected by such proposed road or street.
Upon the filing of such petition and plat the department, if deemed for the best interest of the state to grant the petition, shall cause the land proposed to be taken to be inspected and shall appraise the value of the land and valuable materials thereon and notify the petitioner of such appraised value.
If there are no valuable materials on the proposed right-of-way, or upon the payment of the appraised value of the land and valuable materials thereon, to the department in cash, or by certified check drawn upon any bank in this state, or money order, except for all rights-of-way granted to the department on which the valuable materials, if any, shall be sold at public auction or by sealed bid, the department may approve the plat filed with the petition and file and enter the same in the records of its office, and such approval and record shall constitute a grant of such right-of-way from the state.
[ 2003 c 334 s 385; 2001 c 250 s 12; 1982 1st ex.s. c 21 s 171; 1961 c 73 s 5; 1945 c 145 s 1; 1927 c 255 s 85; Rem. Supp. 1945 s 7797-85. Prior: 1917 c 148 s 9; 1903 c 20 s 1; 1897 c 89 s 35; 1895 c 178 s 46. Formerly RCW 79.01.340, 79.36.080.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.

catchline: Right-of-way for public roads.


title: RCW 79.36.450

text:
A right-of-way through, over and across any state lands not held under a contract of sale, is hereby granted to any railroad company organized under the laws of this state, or any state or territory of the United States, or under any act of congress of the United States, to any extent not exceeding fifty feet on either side of the center line of any railroad now constructed, or hereafter to be constructed, and for such greater width as is required for excavations, embankments, depots, station grounds, passing tracks or borrow pits, which extra width shall not in any case exceed two hundred feet on either side of said right-of-way.
[ 1927 c 255 s 86; RRS s 7797-86. Prior: 1907 c 104 s 1; 1901 c 173 s 1. Formerly RCW 79.01.344, 79.36.090.]
Notes:
Railroad rights-of-way: Chapter 81.52 RCW.

catchline: Railroad right-of-way.


title: RCW 79.36.460

text:
In order to obtain the benefits of RCW 79.36.450, any railroad company hereafter constructing, or proposing to construct, a railroad, shall file with the department a copy of its articles of incorporation, due proof of organization thereunder, a map or maps, accompanied by the field notes of the survey, showing the location of the line of said railroad, the width of the right-of-way and extra widths, if any, and shall pay to the department as hereinafter provided the amount of the appraised value of the lands included within the right-of-way, and extra widths if any are required, and the damages to any lands affected by the right-of-way or extra widths.
[ 2003 c 334 s 386; 1927 c 255 s 87; RRS s 7797-87. Prior: 1907 c 104 s 1; 1901 c 173 s 1. Formerly RCW 79.01.348, 79.36.100.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Railroad right-of-way—Procedure to acquire.


title: RCW 79.36.470

text:
All state lands over which a right-of-way of any railroad to be hereafter constructed, shall be located, shall be appraised in the same manner as in the case of applications for the purchase of state lands, fixing the appraised value per acre for each lot or block, quarter section or subdivision thereof, less the improvements, if any, and the damages to any state lands affected by such right-of-way, shall be appraised in like manner, and the appraisement shall be recorded and the evidence or report upon which the same is based shall be preserved of record, in the office of the department, and the department shall send notice to the railroad company applying for the right-of-way that such appraisement has been made.
[ 2003 c 334 s 387; 1927 c 255 s 88; RRS s 7797-88. Prior: 1901 c 173 ss 2, 5. Formerly RCW 79.01.352, 79.36.110.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Railroad right-of-way—Appraisement.


title: RCW 79.36.480

text:
Should any improvements, made by anyone not holding adversely to the state at the time of making such improvements or made in good faith by a lessee of the state whose lease had not been canceled or was not subject to cancellation for any cause, or made upon the land by mistake, be upon any of such lands at the time of the appraisement, the same shall be separately appraised, together with the damage and waste done to said lands, or to adjacent lands, by the use and occupancy of the same, and after deducting from the amount of the appraisement for improvements the amount of such damage and waste, the balance shall be regarded as the value of said improvements, and the railroad company, if not the owner of such improvements, shall deposit with the department the value of the same, as shown by the appraisement, within thirty days next following the date thereof. The department shall hold such moneys for a period of three months, and unless a demand and proof of ownership of such improvements shall be made upon the department within said period of three months, the same shall be deemed forfeited to the state and deposited with the state treasurer and paid into the general fund. If two or more persons shall file claims of ownership of said improvements, within said period of three months, with the department, the department shall hold such moneys until the claimants agree or a certified copy of the judgment decreeing the ownership of said improvements shall be filed with the department. When notice of agreement or a certified copy of a judgment has been so filed, the department shall pay over to the owner of the improvements the money so deposited.
[ 2003 c 334 s 388; 1927 c 255 s 89; RRS s 7797-89. Prior: 1915 c 147 s 13; 1901 c 173 s 4. Formerly RCW 79.01.356, 79.36.120.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.


title: RCW 79.36.490

text:
When the construction or proposed construction of said railroad affects the value of improvements on state lands not situated on the right-of-way or extra widths, the applicant for said right-of-way shall file with the department a valid release of damages duly executed by the owner or owners of such improvements, or a certified copy of a judgment of a court of competent jurisdiction, showing that compensation for the damages resulting to such owner or owners, as ascertained in accordance with existing law, has been made or paid into the registry of such court.
[ 2003 c 334 s 389; 1927 c 255 s 90; RRS s 7797-90. Prior: 1915 c 147 s 13; 1901 c 173 s 4. Formerly RCW 79.01.360, 79.36.130.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Railroad right-of-way—Release or payment of damages.


title: RCW 79.36.500

text:
Upon full payment of the appraised value of any right-of-way for a railroad and of damages to state lands affected, the department shall issue to the railroad company applying for such right-of-way a certificate in such form as the department may prescribe, in which the terms and conditions of said easement shall be set forth and the lands covered thereby described, and any future grant, or lease, by the state, of the lands crossed or affected by such right-of-way shall be subject to the easement described in the certificate.
[ 2003 c 334 s 390; 1927 c 255 s 91; RRS s 7797-91. Prior: 1915 c 147 s 14; 1901 c 173 s 7. Formerly RCW 79.01.364, 79.36.140.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Railroad right-of-way—Certificate.


title: RCW 79.36.510

text:
A right-of-way through, over, and across any state lands or state forestlands, may be granted to any municipal or private corporation, company, association, individual, or the United States of America, constructing or proposing to construct, or which has heretofore constructed, any telephone line, ditch, flume, or pipe line for the domestic water supply of any municipal corporation or transmission line for the purpose of generating or transmitting electricity for light, heat, or power.
[ 1982 1st ex.s. c 21 s 172; 1961 c 73 s 6; 1945 c 147 s 1; 1927 c 255 s 96; Rem. Supp. 1945 s 7797-96. Prior: 1925 c 6 s 1; 1921 c 148 s 1; 1919 c 97 s 1; 1909 c 188 s 1. Formerly RCW 79.01.384, 79.36.150.]
Notes:
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.

catchline: Utility pipe lines, transmission lines, etc.


title: RCW 79.36.520

text:
In order to obtain the benefits of the grant made in RCW 79.36.510, the municipal or private corporation or company, association, individual, or the United States of America, constructing or proposing to construct, or which has heretofore constructed, such telephone line, ditch, flume, pipe line, or transmission line, shall file, with the department, a map, accompanied by the field notes of the survey and location of such telephone line, ditch, flume, pipe line, or transmission line, and shall make payment therefor as provided in RCW 79.36.530. The land within the right-of-way shall be limited to an amount necessary for the construction of said telephone line, ditch, flume, pipe line, or transmission line sufficient for the purposes required, together with sufficient land on either side thereof for ingress and egress to maintain and repair the same, and the grant shall include the right to cut all standing timber, and/or reproduction within said right-of-way. The grant shall also include the right to cut trees marked as danger trees by the applicant outside of the right-of-way, which shall be dangerous to the operation and maintenance of the telephone line, ditch, flume, pipe line, or transmission line upon full payment of the appraised value thereof.
[ 2003 c 334 s 391; 1961 c 73 s 7; 1959 c 257 s 35; 1945 c 147 s 2; 1927 c 255 s 97; Rem. Supp. 1945 s 7797-97. Prior: 1921 c 148 s 2; 1919 c 97 s 2; 1909 c 188 s 2. Formerly RCW 79.01.388, 79.36.160.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Utility pipe lines, transmission lines, etc.—Procedure to acquire.


title: RCW 79.36.530

text:
Upon the filing of the plat and field notes, as provided in RCW 79.36.520, the land applied for and the valuable materials on the right-of-way applied for, and the marked danger trees to be felled off the right-of-way, if any, and the improvements included in the right-of-way applied for, if any, shall be appraised as in the case of an application to purchase state lands. Upon full payment of the appraised value of the land applied for, or upon payment of an annual rental when the department deems a rental to be in the best interests of the state, and upon full payment of the appraised value of the valuable materials and improvements, if any, the department shall issue to the applicant a certificate of the grant of such right-of-way stating the terms and conditions thereof and shall enter the same in the abstracts and records in its office, and thereafter any sale or lease of the lands affected by such right-of-way shall be subject to the easement of such right-of-way. Should the corporation, company, association, individual, state agency, political subdivision of the state, or the United States of America, securing such right-of-way ever abandon the use of the same for a period of sixty months or longer for the purposes for which it was granted, the right-of-way shall revert to the state, or the state's grantee.
[ 2003 c 334 s 392; 2001 c 250 s 13; 1961 c 73 s 8; 1959 c 257 s 36; 1945 c 147 s 3; 1927 c 255 s 98; Rem. Supp. 1945 s 7797-98. Prior: 1909 c 188 s 3. Formerly RCW 79.01.392, 79.36.170.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.


title: RCW 79.36.540

text:
A right-of-way through, over and across any state lands is hereby granted to any irrigation district, or irrigation company duly organized under the laws of this state, and to any association, individual, or the United States of America, constructing or proposing to construct an irrigation ditch or pipe line for irrigation, or to any diking and drainage district or any diking and drainage improvement district proposing to construct a dike or drainage ditch.
[ 1982 1st ex.s. c 21 s 173; 1945 c 147 s 4; 1927 c 255 s 99; Rem. Supp. 1945 s 7797-99. Prior: 1917 c 148 s 6; 1907 c 161 s 1. Formerly RCW 79.01.396, 79.36.180.]
Notes:
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.

catchline: Right-of-way for irrigation, diking, and drainage purposes.


title: RCW 79.36.550

text:
In order to obtain the benefits of the grant provided for in RCW 79.36.540, the irrigation district, irrigation company, association, individual, or the United States of America, constructing or proposing to construct such irrigation ditch or pipe line for irrigation, or the diking and drainage district or diking and drainage improvement district constructing or proposing to construct any dike or drainage ditch, shall file with the department a map accompanied by the field notes of the survey and location of the proposed irrigation ditch, pipe line, dike, or drainage ditch, and shall pay to the state as hereinafter provided, the amount of the appraised value of the said lands used for or included within such right-of-way. The land within said right-of-way shall be limited to an amount necessary for the construction of the irrigation ditch, pipe line, dike, or drainage ditch for the purposes required, together with sufficient land on either side thereof for ingress and egress to maintain and repair the same.
[ 2003 c 334 s 393; 1945 c 147 s 5; 1927 c 255 s 100; Rem. Supp. 1945 s 7797-100. Prior: 1917 c 148 s 7; 1907 c 161 s 2. Formerly RCW 79.01.400, 79.36.190.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Right-of-way for irrigation, diking, and drainage purposes—Procedure to acquire.


title: RCW 79.36.560

text:
Upon the filing of the plat and field notes as provided in RCW 79.36.550, the lands included within the right-of-way applied for shall be appraised as in the case of an application to purchase such lands, at the full market value thereof. Upon full payment of the appraised value of the lands the department shall issue to the applicant a certificate of right-of-way, and enter the same in the records in its office and thereafter any sale or lease by the state of the lands affected by such right-of-way shall be subject thereto.
[ 2003 c 334 s 394; 1927 c 255 s 101; RRS s 7797-101. Prior: 1907 c 161 s 3. Formerly RCW 79.01.404, 79.36.200.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Right-of-way for irrigation, diking, and drainage purposes—Appraisal—Certificate.


title: RCW 79.36.570

text:
The department shall have the power to grant to any person or corporation the right, privilege, and authority to perpetually back and hold water upon or over any state lands, and overflow such lands and inundate the same, whenever the department shall deem it necessary for the purpose of erecting, constructing, maintaining, or operating any water power plant, reservoir, or works for impounding water for power purposes, irrigation, mining, or other public use, but no such rights shall be granted until the value of the lands to be overflowed and any damages to adjoining lands of the state, appraised as in the case of an application to purchase such lands, shall have been paid by the person or corporation seeking the grant, and if the construction or erection of any such water power plant, reservoir, or works for impounding water for the purposes heretofore specified, shall not be commenced and diligently prosecuted and completed within such time as the department may prescribe at the time of the grant, the same may be forfeited by the department by serving written notice of such forfeiture upon the person or corporation to whom the grant was made, but the department, for good cause shown to its satisfaction, may extend the time within which such work shall be completed.
[ 2003 c 334 s 395; 1982 1st ex.s. c 21 s 174; 1927 c 255 s 102; RRS s 7797-102. Prior: 1915 c 147 ss 10, 11; 1907 c 125 ss 1, 2. Formerly RCW 79.01.408, 79.36.210.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.
Operating agencies: Chapter 43.52 RCW.

catchline: Grant of overflow rights.


title: RCW 79.36.580

text:
The foregoing sections relating to the acquiring of rights-of-way and overflow rights through, over and across lands belonging to the state, shall not be construed as exclusive or as affecting the right of municipal and public service corporations to acquire lands belonging to or under control of the state, or rights-of-way or other rights thereover, by condemnation proceedings.
[ 1927 c 255 s 103; RRS s 7797-103. Formerly RCW 79.01.412, 79.36.220.]
Notes:
Railroad rights-of-way: Chapter 81.52 RCW.

catchline: Construction of foregoing sections.


title: RCW 79.36.590

text:
All state lands hereafter granted, sold or leased shall be subject to the right of the state, or any grantee or lessee or successor in interest thereof hereafter acquiring other state lands, or acquiring the timber, stone, mineral or other natural products thereon, or the manufactured products thereof to acquire the right-of-way over such lands so granted, for logging and/or lumbering railroads, private railroads, skid roads, flumes, canals, watercourses, or other easements for the purpose of and to be used in the transporting and moving of such timber, stone, mineral or other natural products thereon, and the manufactured products thereof from such state land, and all necessary machinery, supplies or materials to be used in transporting, cutting, manufacturing, mining or quarrying any or all of such products over and across the lands so granted or leased, upon the state or its grantee or successor in interest thereof, paying to the owner of the lands so granted, sold, or leased reasonable compensation therefor. In case the parties interested cannot agree upon the damages incurred, the same shall be ascertained and assessed in the same manner as damages are ascertained and assessed against a railroad seeking to condemn private property.
[ 1927 c 312 s 1; RRS s 8107-1. Prior: 1911 c 109 s 1. Formerly RCW 79.36.230.]
Notes:
Severability—1927 c 312: "If any section, subdivision, sentence or clause in this act shall be held invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional." [ 1927 c 312 s 8.] This applies to RCW 79.36.230 through 79.36.290.
Railroads, eminent domain: RCW 81.36.010 and 81.53.180.
Similar enactment: RCW 79.36.370.

catchline: Easement reserved in later grants.


title: RCW 79.36.600

text:
Every grant, deed, conveyance, lease or contract hereafter made to any person, firm or corporation over and across any state lands for the purpose of right-of-way for any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse or other easement to be used in the hauling of timber, stone, mineral or other natural products of the land and the manufactured products thereof and all necessary machinery, supplies or materials to be used in transporting, cutting, manufacturing, mining or quarrying any or all of such products, shall be subject to the right of the state, or any grantee or successor in interest thereof, owning or hereafter acquiring from the state any timber, stone, mineral, or other natural products, or any state lands containing valuable timber, stone, mineral or other natural products of the land, of having such timber, stone, mineral or other natural products, and the manufactured products thereof and all necessary machinery, supplies or materials to be used in transporting, cutting, manufacturing, mining or quarrying any or all of such products transported or moved over such railroad, skid road, flume, canal, watercourse or other easement, after the same is or has been put in operation, upon paying therefor just and reasonable rates for transportation or for the use of such railroad, skid road, flume, canal, watercourse or other easement, and upon complying with just, reasonable and proper rules affecting such transportation, which rates, rules and regulations shall be under the supervision and control of the utilities and transportation commission of the state of Washington.
[ 1983 c 4 s 7; 1927 c 312 s 2; RRS s 8107-2. Prior: 1911 c 109 s 2. Formerly RCW 79.36.240.]
Notes:
Similar enactment: RCW 79.36.380.

catchline: Private easement over state lands.


title: RCW 79.36.610

text:
Any person, firm or corporation hereafter acquiring the right-of-way or other easement over state lands or over any tide or shore lands [tidelands or shorelands] belonging to the state, or over and across any navigable water or stream for the purpose of transporting or moving timber, stone, mineral, or other natural products of the lands, and the manufactured products thereof and engaged in such business thereon, shall accord to the state or any grantee or successor in interest thereof hereafter acquiring state lands containing valuable timber, stone, mineral or other natural products of the land, or any person, firm or corporation hereafter acquiring the timber, stone, mineral or other natural products situate upon state lands, or the manufactured products thereof proper and reasonable facilities and service, including physical connection therewith, for the transportation and moving of such timber, stone, mineral and other natural products of the land, and the manufactured products thereof and all necessary machinery, supplies or materials to be used in transporting, cutting, manufacturing, mining or quarrying any or all of such products under reasonable rules and regulations upon payment of just and reasonable charges therefor, or, if such right-of-way or other easement is not then in use to have the right to use such right-of-way or easement for transporting and moving such products under such reasonable rules and regulations and upon payment of just and reasonable charges therefor.
[ 1927 c 312 s 3; RRS s 8107-3. Prior: 1911 c 109 s 3. Formerly RCW 79.36.250.]
Notes:
Similar enactment: RCW 79.36.390.

catchline: Easement over public lands subject to common user.


title: RCW 79.36.620

text:
Whenever any person, firm, or corporation shall hereafter purchase, lease, or acquire any state lands, or any easement or interest therein, or any timber, stone, mineral, or other natural products thereon, or the manufactured products thereof the purchase, lease, or grant shall be subject to the condition or reservation that such person, firm, or corporation, or their successors in interest, shall, whenever any of the timber, stone, mineral, or other natural products on said lands or the manufactured products thereof are removed, by any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement, owned, leased, or operated by such person, firm, or corporation, or their successors in interest, accord to any other person, firm, or corporation, or their successors in interest, having the right to remove any timber, stone, mineral, or other natural products or the manufactured products thereof from any other lands, owned or formerly owned by the state, proper and reasonable facilities and service, including physical connection therewith, for the transportation and moving of such other timber, stone, mineral, and other natural products, and the manufactured products thereof and all necessary machinery, supplies, or materials to be used in transporting, cutting, manufacturing, mining, or quarrying any or all of such products under reasonable rules and upon payment of just and reasonable charges therefor; and that any conveyance, lease, or mortgage of such logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement, shall be subject to the right of the person, firm, or corporation, or their successors in interest, having the right to remove timber, stone, mineral, or other natural products or the manufactured products thereof from such other state lands, to be accorded such proper and reasonable facilities and service, including physical connection therewith, for the transportation and moving of such other timber, stone, mineral, and other natural products and the manufactured products thereof and all necessary machinery, supplies, or materials to be used in transporting, cutting, manufacturing, mining, or quarrying any or all of such products under reasonable rules and upon payment of just and reasonable charges therefor; and such purchase, lease, or grant from the state shall also be subject to the condition or reservation that whenever any of the timber, stone, mineral, or other natural products on such lands or the manufactured products thereof are about to be removed, by means of any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement, not owned, controlled, or operated by the person, firm, or corporation owning or having the right to remove, and about to remove such timber, stone, mineral, or other natural products or the manufactured products thereof shall exact and require from the owners and operators of such logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement, which shall be binding upon the successors in interest of such owners and operators, an agreement and promise, as a part of the contract for removal, and by virtue of RCW 79.36.590 through 79.36.650 there shall be deemed to be a part of any such express or implied contract for removal, an agreement, and promise that such owners and operators, and their successors in interest, shall accord to any person, firm, or corporation and their successors in interest, having the right to remove any timber, stone, mineral, or other natural products or the manufactured products thereof from any lands, owned, or formerly owned by the state, proper and reasonable facilities and service, including physical connection therewith, for the transportation and moving of such timber, stone, mineral, and other natural products and the manufactured products thereof and all necessary machinery, supplies, or materials to be used in transporting, cutting, manufacturing, mining, or quarrying any or all of such products and under reasonable rules and upon payment of just and reasonable charges therefor.
[ 2003 c 334 s 495; 1927 c 312 s 4; RRS s 8107-4. Formerly RCW 79.36.260.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Reservations in grants and leases.


title: RCW 79.36.630

text:
Should the owner or operator of any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement operating over lands hereafter acquired from the state, as in RCW 79.36.590 through 79.36.650 set out, fail to agree with the state or with any subsequent grantee or successor in interest thereof as to the reasonable and proper rules and charges concerning the transportation of timber, stone, mineral, or other natural products of the land, or the manufactured products thereof and all necessary machinery, supplies, or materials to be used in transporting, cutting, manufacturing, mining, or quarrying any or all of such products for carrying and transporting such products or for the use of the railroad, skid road, flume, canal, watercourse, or other easement in transporting such products, the state or such person, firm, or corporation owning and desiring to ship such products may apply to the utilities and transportation commission and have the reasonableness of the rules and charges inquired into and it shall be the duty of the utilities and transportation commission to inquire into the same in the same manner, and it is hereby given the same power and authority to investigate the same as it is now authorized to investigate and inquire into the rules and charges made by railroads and is authorized and empowered to make such order as it would make in an inquiry against a railroad, and in case such logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement is not then in use, may adopt such reasonable, proper, and just rules concerning the use thereof for the purposes aforesaid as may be just and proper and such order shall have the same force and effect and shall be binding upon the parties to such hearing as though such hearing and order was made affecting a railroad.
[ 2003 c 334 s 496; 1983 c 4 s 8; 1927 c 312 s 5; RRS s 8107-5. Prior: 1911 c 109 s 4. Formerly RCW 79.36.270.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Similar enactment: RCW 79.36.400.

catchline: Duty of utilities and transportation commission.


title: RCW 79.36.640

text:
In case any person, firm, or corporation owning and/or operating any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement subject to the provisions of RCW 79.36.590 through 79.36.650 shall fail to comply with any rule or order made by the utilities and transportation commission, after an inquiry as provided for in RCW 79.36.630, each person, firm, or corporation shall be subject to a penalty not exceeding one thousand dollars, and in addition thereto, the right-of-way over state lands theretofore granted to such person, firm, or corporation, and all improvements and structures on such right-of-way and connected therewith, shall revert to the state of Washington, and may be recovered by it in an action instituted in any court of competent jurisdiction, unless such state lands have been sold.
[ 2003 c 334 s 497; 1983 c 4 s 9; 1927 c 312 s 7; RRS s 8107-7. Prior: 1911 c 109 s 5. Formerly RCW 79.36.280.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Similar enactment: RCW 79.36.410.

catchline: Penalty for violating utilities and transportation commission's order.


title: RCW 79.36.650

text:
Any person, firm, or corporation shall have a right-of-way over public lands, subject to the provisions of RCW 79.36.590 through 79.36.650, when necessary, for the purpose of hauling or removing timber, stone, mineral, or other natural products or the manufactured products thereof of the land. Before, however, any such right-of-way grant shall become effective, a written application for and a plat showing the location of such right-of-way, with reference to the adjoining lands, shall be filed with the department, and all timber on the right-of-way, together with the damages to the land, shall be appraised and paid for in cash by the person, firm, or corporation applying for such right-of-way. The department shall then cause to be issued in duplicate to such person, firm, or corporation a right-of-way certificate setting forth the conditions and terms upon which the right-of-way is granted. Whenever the right-of-way shall cease to be used, for a period of two years, for the purpose for which it was granted, it shall be deemed forfeited, and the right-of-way certificate shall contain such a provision. However, any right-of-way for logging purposes heretofore issued which has never been used, or has ceased to be used, for a period of two years, for the purpose of which it was granted, shall be deemed forfeited and shall be canceled upon the records of the department. One copy of each certificate shall be filed with the department and one copy delivered to the applicant. The forfeiture of the right-of-way, as herein provided, shall be rendered effective by the mailing of notice of such a forfeiture to the grantee thereof to his or her last known post office address and by stamping the copy of the certificate in the department canceled and the date of such cancellation. For the issuance of such a certificate the same fee shall be charged as provided in the case of certificates for railroad rights-of-way.
[ 2003 c 334 s 498; 1988 c 128 s 65; 1927 c 312 s 6; RRS s 8107-6. Prior: 1921 c 55 s 1; 1915 c 147 s 12; 1897 c 89 s 34; 1895 c 178 s 45. Formerly RCW 79.36.290.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Certificates for railroad rights-of-way: RCW 79.36.500.
Fees, generally: RCW 79.02.240.
Similar enactment: RCW 79.36.350 and 79.36.430.


title: RCW 79.38.010

text:
In addition to any authority otherwise granted by law, the department shall have the authority to acquire lands, interests in lands, and other property for the purpose of affording access by road to public lands from any public highway.
[ 2004 c 199 s 221; 2003 c 334 s 499; 1961 c 44 s 1.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Acquisition of property for access to public lands.


title: RCW 79.38.020

text:
To facilitate the carrying out of the purpose of this chapter, the department may:
(1) Grant easements, rights-of-way, and permits to cross public lands to any person in exchange for similar rights over lands not under its jurisdiction;
(2) Enter into agreements with any person or agency relating to purchase, construction, reconstruction, maintenance, repair, regulation, and use of access roads or public roads used to provide access to public lands;
(3) Dispose, by sale, exchange, or otherwise, of any interest in an access road in the event it determines such interest is no longer necessary for the purposes of this chapter.
[ 2004 c 199 s 222; 1981 c 204 s 1; 1961 c 44 s 2.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.

catchline: Exchange of easement rights.


title: RCW 79.38.030

text:
Purchasers of valuable materials from public lands may use access roads or public roads for the removal of such materials where the rights acquired by the state will permit, but use shall be subject to the right of the department:
(1) To impose reasonable terms for the use, construction, reconstruction, maintenance, and repair of such access roads; and
(2) To impose reasonable charges for the use of such access roads or public roads which have been constructed or reconstructed through funding by the department.
[ 2004 c 199 s 223; 2003 c 334 s 500; 1981 c 204 s 2; 1961 c 44 s 3.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Use of roads by purchasers of valuable materials.


title: RCW 79.38.040

text:
Whenever the department finds that it is for the best interest of the state and where the rights acquired by the state will permit, the department may grant permits for the use of access roads to any person. Any permit issued under the authority of this section shall be subject to reasonable regulation by the department. Such regulation shall include, but is not limited to, the following matters:
(1) Requirements for construction, reconstruction, maintenance, and repair;
(2) Limitations as to extent and time of use;
(3) Provision for revocation at the discretion of the department; and
(4) Charges for use.
[ 2003 c 334 s 501; 1961 c 44 s 4.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Permits for use of roads.


title: RCW 79.38.050

text:
The department shall create, maintain, and administer a revolving fund, to be known as the access road revolving fund in which shall be deposited all moneys received by it from users of access roads as payment for costs incurred or to be incurred in maintaining, repairing, and reconstructing access roads, or public roads used to provide access to public lands. The department may use moneys in the fund for the purposes for which they were obtained without appropriation by the legislature.
[ 2004 c 199 s 224; 2003 c 334 s 502; 1981 c 204 s 3; 1961 c 44 s 5.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Access road revolving fund.


title: RCW 79.38.060

text:
All moneys received by the department from users of access roads that are not deposited in the access road revolving fund shall be paid as follows:
(1) To reimburse the state fund or account from which expenditures have been made for the acquisition, construction, or improvement of the access road or public road, and upon full reimbursement, then
(2) To the funds or accounts for which the public lands, to which access is provided, are pledged by law or constitutional provision, in which case the department shall make an equitable apportionment between funds and accounts so that no fund or account shall benefit at the expense of another.
[ 2004 c 199 s 225; 2003 c 334 s 503; 1981 c 204 s 4; 1961 c 44 s 6.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Use of moneys not deposited in revolving fund.


title: RCW 79.38.070

text:
The department may enter into agreements with the county to:
(1) Identify public roads used to provide access to state forestlands in need of improvement;
(2) Establish a time schedule for the improvements;
(3) Advance payments to the county to fund the road improvements. However, no more than fifty percent of the access road revolving fund shall be eligible for use as advance payments to counties. The department shall assess the fund on January 1st and July 1st of each year to determine the amount that may be used as advance payments to counties for road improvements; and
(4) Determine the equitable distribution, if any, of costs of such improvements between the county and the state through negotiation of terms and conditions of any resulting repayment to the fund or funds financing the improvements.
[ 2003 c 334 s 224; 1981 c 204 s 5. Formerly RCW 76.12.180.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Department-county agreements for improvement of access roads.


title: RCW 79.44.003

text:
As used in this chapter "assessing district" means:
(1) Incorporated cities and towns;
(2) Diking districts;
(3) Drainage districts;
(4) Port districts;
(5) Irrigation districts;
(6) Water-sewer districts;
(7) Counties;
(8) Weed boards and weed districts; and
(9) Any municipal corporation or public agency having power to levy local improvement or other assessments, rates, or charges which by statute are expressly made applicable to lands of the state.
[ 2021 c 217 s 15; 1999 c 153 s 68; 1989 c 243 s 13; 1971 ex.s. c 234 s 14; 1963 c 20 s 1.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.

catchline: "Assessing district" defined.


title: RCW 79.44.004

text:
As used in this chapter, "assessment" shall mean any assessment, rate or charge levied, assessed, imposed, or charged by any assessing district as defined in RCW 79.44.003, and which assessments, rates or charges by statute are expressly made applicable to lands of the state.
[ 1989 c 243 s 16.]

catchline: "Assessment" defined.


title: RCW 79.44.010

text:
All lands, including school lands, granted lands, escheated lands, or other lands, held or owned by the state of Washington in fee simple (in trust or otherwise), situated within the limits of any assessing district in this state, may be assessed and charged for the cost of local or other improvements specially benefiting such lands which may be ordered by the proper authorities of any such assessing district and may be assessed by any irrigation district to the same extent as private lands within the district are assessed: PROVIDED, That the leasehold, contractual, or possessory interest of any person, firm, association, or private or municipal corporation in any such lands shall be charged and assessed in the proportional amount such leasehold, contractual, or possessory interest is benefited: PROVIDED, FURTHER, That no lands of the state shall be included within an irrigation district except as provided in RCW 87.03.025 and 89.12.090.
[ 1982 1st ex.s. c 21 s 178; 1963 c 20 s 2; 1919 c 164 s 1; RRS s 8125. Cf. 1909 c 154 ss 1, 4.]
Notes:
Savings—Captions—Severability—Effective dates—1982 1st ex.s. c 21: See RCW 79.135.900 through 79.135.904.

catchline: Lands subject to local assessments.


title: RCW 79.44.020

text:
In all local improvement assessment districts in any assessing district in this state, property in such district, held or owned by the state shall be assessed and charged for its proportion of the cost of such local improvements in the same manner as other property in such district, it being the intention of this chapter that the state shall bear its just and equitable proportion of the cost of local improvements specially benefiting lands of the state. However, none of the provisions of this chapter shall have the effect, or be construed to have the effect, to alter or modify in any particular any existing lease of any lands or property owned by the state, or release or discharge any lessee of any such lands or property from any of the obligations, covenants, or conditions of the contract under which any such lands or property are leased or held by any such lessee.
[ 2003 c 334 s 506; 1963 c 20 s 3; 1919 c 164 s 2; RRS s 8126. Cf. 1909 c 154 s 5.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: State to be charged its proportion of cost—Construction of chapter.


title: RCW 79.44.030

text:
Where lands of the state are under lease, the proportionate amounts to be assessed against the leasehold interest, and the fee simple interest of the state, shall be fixed with reference to the life of the improvement and the period for which the lease has yet to run.
[ 2003 c 334 s 507; 1919 c 164 s 3; RRS s 8127. Cf. 1909 c 154 s 3; 1907 c 74 s 3.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Apportioning cost on leaseholds.


title: RCW 79.44.040

text:
Notice of the intention to make such improvement, or impose any assessment, together with the estimate of the amount to be charged to each lot, tract or parcel of land, or other property owned by the state to be assessed, shall be forwarded by registered or certified mail to the chief administrative officer of the agency of state government occupying, using, or having jurisdiction over such lands at least thirty days prior to the date fixed for hearing on the resolution or petition initiating the assessment. Such assessing district, shall not have jurisdiction to order such improvement as to the interest of the state in harbor areas and state tidelands until the written consent of the commissioner of public lands to the making of such improvement shall have been obtained, unless other means be provided for paying that portion of the cost which would otherwise be levied on the interest of the state of Washington in and to those tidelands, and nothing herein shall prevent the city from assessing the proportionate cost of the improvement against any leasehold, contractual, or possessory interest in and to any tideland or harbor area owned by the state: PROVIDED, HOWEVER, That in the case of tidelands and harbor areas within the boundaries of any port district, notice of intention to make such improvement shall also be forwarded to the commissioners of the port district.
[ 2002 c 260 s 2; 1989 c 243 s 14; 1979 c 151 s 177; 1963 c 20 s 4; 1919 c 164 s 4; RRS s 8128. Cf. 1909 c 154 s 6.]

catchline: Notice to state of intention to improve, or impose assessment—Consent—Notice to port commission.


title: RCW 79.44.050

text:
Upon the approval and confirmation of the assessment roll ordered by the proper authorities of any assessing district, the treasurer of such assessing district shall certify and forward to the chief administrative officer of the agency of state government occupying, using, or having jurisdiction over the lands, a statement of all the lots or parcels of land held or owned by the state and charged on such assessment roll, separately describing each such lot or parcel of the state's land, with the amount of the local assessment charged against it, or the proportionate amount assessed against the fee simple interest of the state, in case the land has been leased. The chief administrative officer upon receipt of such statement shall cause a proper record to be made in his or her office of the cost of such assessment upon the lands occupied, used, or under the jurisdiction of his or her agency.
No penalty shall be provided or enforced against the state, and the interest upon such assessments shall be computed and paid at the rate paid by other property situated in the same assessing district.
[ 2013 c 23 s 263; 2002 c 260 s 3; 1989 c 243 s 15; 1979 c 151 s 178; 1963 c 20 s 5; 1933 c 108 s 1; 1919 c 164 s 5; RRS s 8129. Cf. 1909 c 154 s 6; 1907 c 74 ss 1, 2, 4, 5.]

catchline: Certification of roll—Penalties, interest.


title: RCW 79.44.060

text:
When the chief administrative officer of an agency of state government is satisfied that an assessing district has complied with all the conditions precedent to the levy of assessments for district purposes, pursuant to this chapter against lands occupied, used, or under the jurisdiction of the officer's agency, he or she shall pay them, together with any interest thereon from any funds specifically appropriated to the agency therefor or from any funds of the agency which under existing law have been or are required to be expended to pay assessments on a current basis.
Except as provided in RCW 79.44.190 no lands of the state shall be subject to a lien for unpaid assessments, nor shall the interest of the state in any land be sold for unpaid assessments where assessment liens attached to the lands prior to state ownership.
[ 2015 3rd sp.s. c 1 s 307; 2003 c 334 s 508; 1979 c 151 s 179; 1971 ex.s. c 116 s 2; 1963 c 20 s 6; 1947 c 205 s 1; Rem. Supp. 1947 s 8136a.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Payment procedure—Lands not subject to lien, exception.


title: RCW 79.44.070

text:
When any assessing district has made or caused to be made an assessment against such leasehold, contractual, or possessory interest for any such local improvement, the treasurer of that assessing district shall immediately give notice to the chief administrative officer of the agency having jurisdiction over the lands. The assessment shall become a lien against the leasehold, contractual, or possessory interest in the same manner as the assessments on other property, and its collection may be enforced against such interests as provided by law for the enforcement of other local improvement assessments: PROVIDED, That the assessment shall not be made payable in installments unless the owner of such leasehold, contractual, or possessory interest shall first file with such treasurer a satisfactory bond guaranteeing the payment of such installments as they become due.
[ 2002 c 260 s 4; 1979 c 151 s 180; 1963 c 20 s 7; 1919 c 164 s 6; RRS s 8130. Cf. 1909 c 154 s 2.]

catchline: Enforcement against lessee or contract holder.


title: RCW 79.44.080

text:
Whenever any assessing district shall have foreclosed the lien of any such delinquent assessments, as provided by law, and shall have obtained title to such leasehold, contractual, or possessory interest, the chief administrative officer of the agency having jurisdiction over the lands shall be notified by registered or certified mail of such action and furnished a statement of all assessments against such leasehold, contractual, or possessory interest, and the chief administrative officer shall cause the amount of such assessments to be paid as provided in RCW 79.44.060, and upon the receipt of an assignment from such assessing district, the chief administrative officer shall cancel such lease or contract: PROVIDED, HOWEVER, That unless the assessing district making the local improvement and levying the special assessment shall have used due diligence in the foreclosure thereof, the chief administrative officer shall not be required to pay any sum in excess of what they deem to be the special benefits accruing to the state's reversionary interest in the property: AND PROVIDED FURTHER, That if such delinquent assessment or installment shall be against a leasehold interest in freshwater harbor areas within a port district, the chief administrative officer shall notify the commissioners of that port district of the receipt of such assignment, and the commissioners shall forthwith cancel such lease.
[ 2002 c 260 s 5; 1979 c 151 s 181; 1963 c 20 s 8; 1919 c 164 s 7; RRS s 8131.]

catchline: Foreclosure against leasehold or contract interest—Cancellation of lease or contract.


title: RCW 79.44.090

text:
If by reason of default in the payment of rentals or installments, or other causes, the state shall cancel any lease or contract against which assessments have been levied as herein provided, the chief administrative officer of the agency having jurisdiction over the lands shall cause such assessments or installments as shall fall due subsequent to the cancellation of said contract or leasehold interest to be paid as provided in RCW 79.44.060, the same as if the assessments or installments thereof had been levied on the state's interest in said lands.
[ 1963 c 20 s 9; 1919 c 164 s 8; RRS s 8132.]

catchline: Payment by state after forfeiture of lease or contract.


title: RCW 79.44.095

text:
When any land, other than lands occupied and used in connection with state institutions, owned or held by the state within incorporated cities, towns, diking, drainage or port districts in this state, against which local improvement assessments have been paid, as herein provided for, is offered for sale, there shall be added to the appraised value of such land, as provided by law, such portion of the local improvement assessment paid by the state as shall be deemed to represent the value added to such lands by such improvement for the purpose of sale, which amount so added shall be paid by the purchaser in cash at the time of the sale of said land, in addition to the amounts otherwise due to the state for said land, and no deed shall ever be executed until such local improvement assessments have been paid, and nothing herein shall be construed as canceling any unpaid assessments on the land so sold by the state, but such land shall be sold subject to all assessments unpaid at the time of sale.
[ 1919 c 164 s 9; RRS s 8133. Cf. 1909 c 154 s 7.]
Notes:
Assessments paid to be added to purchase price of land: RCW 79.11.320.

catchline: Assessments paid by state to be added to purchase price of land.


title: RCW 79.44.100

text:
Whenever any such tide, state, school, granted, or other lands situated within the limits of any assessing district, has been included within any local improvement district by such assessing district, and the contract, leasehold, or other interest of any individual has been sold to satisfy the lien of such assessment for local improvement, the purchaser of such interest at such sale shall be entitled to receive from the state of Washington, on demand, an assignment of the contract, leasehold, or other interest purchased by him or her, and shall assume, subject to the terms and conditions of the contract or lease, the payment to the state of the amount of the balance which his or her predecessor in interest was obligated to pay.
[ 2013 c 23 s 264; 1963 c 20 s 10; 1919 c 164 s 10; RRS s 8134. Cf. 1909 c 154 s 10.]

catchline: Assignment of lease or contract to purchaser at foreclosure sale.


title: RCW 79.44.120

text:
Whenever any state school, granted, tide, or other public lands of the state shall have been charged with local improvement assessments under any local improvement assessment district in any incorporated city, town, irrigation, diking, drainage, port, weed, or pest district, or any other district now authorized by law to levy assessments against lands of the state, where such assessments are required under existing statutes to be returned to the fund of the state treasury from which the assessments were originally paid, the department may, and is hereby authorized, to sell such lands for their appraised valuation without regard to such assessments, anything to the contrary in the existing statutes notwithstanding. However, nothing in this section shall be construed to alter in any way any existing statute providing for the method of procedure in levying assessments against lands of the state in any of such local improvement assessment districts.
[ 2003 c 334 s 509; 1937 c 80 s 1; RRS s 7797-192a.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: When assessments need not be added in certain cases.


title: RCW 79.44.130

text:
The provisions of this chapter shall apply to all assessing districts as herein defined, any charter or ordinance provisions to the contrary notwithstanding.
[ 1963 c 20 s 11; 1919 c 164 s 11; RRS s 8135. Cf. 1909 c 154 s 8.]

catchline: Local provisions superseded.


title: RCW 79.44.140

text:
The provisions of this chapter shall apply to all local improvements initiated after June 11, 1919, including assessments to pay the cost and expense of taking and damaging property by the power of eminent domain, as provided by law: PROVIDED, That in case of eminent domain assessments, it shall not be necessary to forward notice of the intention to make such improvement, but the eminent domain commissioners, authorized to make such assessment, shall, at the time of filing the assessment roll with the court in the manner provided by law, forward by registered or certified mail to the chief administrative officer of the agency using, occupying or having jurisdiction over the lands a notice of such assessment, and of the day fixed by the court for the hearing thereof: PROVIDED, That no assessment against the state's interest in tidelands or harbor areas shall be binding against the state if the commissioner of public lands shall file a disapproval of the same in court before judgment confirming the roll.
[ 2002 c 260 s 6; 1979 c 151 s 182; 1963 c 20 s 12; 1919 c 164 s 12; RRS s 8136.]

catchline: Application of chapter—Eminent domain assessments.


title: RCW 79.44.190

text:
When real property subject to an unpaid special assessment for a local improvement levied by any political subdivision of the state authorized to form local improvement or utility local improvement districts is acquired by purchase or condemnation by the state or any political subdivision thereof, including but not limited to any special purpose district, the property so acquired shall continue to be subject to the assessment lien.
An assessment lien or installment thereof, delinquent at the time of such acquisition shall be paid at the time of acquisition, and the amount thereof, including any accrued interest and delinquent penalties, shall be withheld from the purchase price or condemnation award by the public body acquiring the property and shall be paid immediately to the county, city, or town treasurer, whichever is applicable, in payment of and discharge of such delinquent installment lien.
Any installment or installments not delinquent at the time of acquisition shall become due and payable in such year and at such date as said installment would have become due if such property had not been so acquired: PROVIDED, That where such property is acquired by the state of Washington, the balance of the assessment shall be paid in full at the time of acquisition.
For the purpose of this section, the "time of acquisition" shall mean the date of completion of the sale, date of condemnation verdict, date of the order of immediate possession and use pursuant to RCW 8.04.090, or the date of judgment, if not tried to a jury.
[ 1971 ex.s. c 116 s 1.]

catchline: Acquisition of property by state or political subdivision which is subject to unpaid assessments or delinquencies—Payment of lien or installments.


title: RCW 79.64.010

text:
As used in this chapter, "rule" means rule as that term is defined by RCW 34.05.010.
[ 2003 c 334 s 519; 1967 ex.s. c 63 s 1; 1961 c 178 s 1.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Definitions.


title: RCW 79.64.020

text:
A resource management cost account in the state treasury is created to be used solely for the purpose of defraying the costs and expenses necessarily incurred by the department in managing and administering state lands and aquatic lands and the making and administering of leases, sales, contracts, licenses, permits, easements, and rights-of-way as authorized under the provisions of this title. Appropriations from the resource management cost account to the department shall be expended for no other purposes. Funds in the resource management cost account may be appropriated or transferred by the legislature for the benefit of all of the trusts from which the funds were derived. During the 2013-2015 fiscal biennium, the legislature may transfer from the aquatics revenues in the resources management cost account to the marine resources stewardship trust account for the purposes of chapter 43.372 RCW. During the 2023-2025 fiscal biennium, the legislature may transfer no more than $2,000,000 from the resource management cost account to the land bank account created in RCW 79.19.120.
[ 2024 c 375 s 8005; 2014 c 32 s 3; 2013 2nd sp.s. c 4 s 1000; 2011 c 216 s 15; 2008 c 328 s 6004; 2004 c 199 s 226; 2003 c 334 s 520; 1993 c 460 s 1; 1985 c 57 s 80; 1981 c 4 s 2; 1961 c 178 s 2.]
Notes:
Effective date—2024 c 375: See note following RCW 70A.65.305.
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Part headings not law—Severability—Effective date—2008 c 328: See notes following RCW 43.155.050.
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1993 c 460: "This act shall take effect July 1, 1994." [ 1993 c 460 s 3.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1981 c 4: See note following RCW 28A.515.320.

catchline: Resource management cost account—Use.


title: RCW 79.64.030

text:
Funds in the resource management cost account from the moneys received from leases, sales, contracts, licenses, permits, easements, and rights-of-way issued by the department and affecting school lands, university lands, scientific school lands, normal school lands, capitol building lands, or institutional lands shall be pooled and expended by the department solely for the purpose of defraying the costs and expenses necessarily incurred in managing and administering all of the trust lands enumerated in this section. Such funds may be used for similar costs and expenses in managing and administering other lands managed by the department provided that such expenditures that have been or may be made on such other lands shall be repaid to the resource management cost account together with interest at a rate determined by the board.
Costs and expenses necessarily incurred in managing and administering agricultural college lands shall not be deducted from proceeds received from the sale of such lands or from the sale of resources that are part of the lands. Costs and expenses incurred in managing and administering agricultural college trust lands shall be funded by appropriation under RCW 79.64.090.
An accounting shall be made annually of the accrued expenditures from the pooled trust funds in the account. In the event the accounting determines that expenditures have been made from moneys received from trust lands for the benefit of other lands, such expenditure shall be considered a debt and an encumbrance against the property benefited, including state forestlands. The results of the accounting shall be reported to the legislature at the next regular session. The state treasurer is authorized, upon request of the department, to transfer funds between the forest development account and the resource management cost account solely for purpose of repaying loans pursuant to this section.
[ 2003 c 334 s 521; 2001 c 250 s 15; 1999 c 279 s 1; 1993 c 460 s 2; 1988 c 70 s 4; 1977 ex.s. c 159 s 2; 1961 c 178 s 3.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1999 c 279: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999." [ 1999 c 279 s 4.]
Effective date—1993 c 460: See note following RCW 79.64.020.
Forest development account: RCW 79.64.100.

catchline: Expenditures of certain funds in the resource management cost account to be for trust lands—Use for other lands—Repayment—Ordinary cost not deductible from sale proceeds—Accounting.


title: RCW 79.64.040

text:
(1) The board shall determine the amount deemed necessary in order to achieve the purposes of this chapter and shall provide by rule for the deduction of this amount from the moneys received from all leases, sales, contracts, licenses, permits, easements, and rights-of-way issued by the department and affecting state lands and aquatic lands, except as provided in RCW 79.64.130, provided that no deduction shall be made from the proceeds from agricultural college lands.
(2) Moneys received as deposits from successful bidders, advance payments, and security under RCW 79.15.100, 79.15.080, and 79.11.150 prior to December 1, 1981, which have not been subjected to deduction under this section are not subject to deduction under this section.
(3) Except as otherwise provided in subsection (5) of this section, the deductions authorized under this section shall not exceed twenty-five percent of the moneys received by the department in connection with any one transaction pertaining to state lands and aquatic lands other than second-class tide and shore lands [tidelands and shorelands] and the beds of navigable waters, and fifty percent of the moneys received by the department pertaining to second-class tide and shore lands [tidelands and shorelands] and the beds of navigable waters.
(4) In the event that the department sells logs using the contract harvesting process described in RCW 79.15.500 through 79.15.530, the moneys received subject to this section are the net proceeds from the contract harvesting sale.
(5) During the 2015-2017, 2017-2019, 2019-2021, 2021-2023, 2023-2025, and 2025-2027 fiscal biennia, the board may increase the twenty-five percent limitation up to thirty-two percent.
[ 2025 c 424 s 987; 2023 c 475 s 943; 2021 c 334 s 994; 2019 c 415 s 984. Prior: 2017 3rd sp.s. c 1 s 985; 2017 c 248 s 5; 2015 3rd sp.s. c 4 s 972; 2014 c 32 s 4; 2013 2nd sp.s. c 4 s 1001; 2012 2nd sp.s. c 7 s 927; prior: 2011 1st sp.s. c 50 s 966; 2011 c 216 s 16; 2009 c 564 s 957; 2007 c 522 s 958; 2005 c 518 s 945; 2004 c 199 s 227; prior: 2003 c 334 s 522; 2003 c 313 s 8; 2001 c 250 s 16; 1999 c 279 s 2; 1981 2nd ex.s. c 4 s 3; 1971 ex.s. c 224 s 2; 1967 ex.s. c 63 s 2; 1961 c 178 s 4.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2023 c 475: See note following RCW 16.76.030.
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Effective date—2019 c 415: See note following RCW 28B.20.476.
Effective date—2017 3rd sp.s. c 1: See note following RCW 43.41.455.
Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069.
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective date—2012 2nd sp.s. c 7: See note following RCW 2.68.020.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.
Effective date—2009 c 564: See note following RCW 2.68.020.
Severability—Effective date—2007 c 522: See notes following RCW 15.64.050.
Effective date—2005 c 518: See note following RCW 28A.600.110.
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Findings—Severability—2003 c 313: See notes following RCW 79.15.500.
Effective date—1999 c 279: See note following RCW 79.64.030.
Deductions authorized relating to common school lands—Temporary discontinued deductions for common school construction fund—1983 1st ex.s. c 17: "(1) The deductions authorized in RCW 79.64.040 relating to common school lands may be increased by the board of natural resources to one hundred percent after temporary discontinued deductions result in a transfer to the common school construction fund in the amount of approximately fourteen million dollars or so much thereof as may be necessary to maintain a positive cash balance in the common school construction fund. The increased deductions shall continue until the additional amounts received from the increased rate equal the amounts of the deductions that were discontinued or transferred under subsection (2) of this section. Thereafter the deductions shall be as otherwise provided for in RCW 79.64.040.
(2) If the discontinued deductions will not result in a transfer of fourteen million dollars or so much thereof as may be necessary to maintain a positive balance in the common school construction fund in the biennium ending June 30, 1983, the state treasurer shall transfer the difference from the resource management cost account to the common school construction fund." [ 1983 1st ex.s. c 17 s 3.]
Severability—1981 2nd ex.s. c 4: See note following RCW 43.30.325.

catchline: Deductions from proceeds of all transactions authorized—Limitations.


title: RCW 79.64.050

text:
All deductions from moneys received made in accordance with RCW 79.64.040 shall be paid into the resource management cost account and the balance shall be paid into the state treasury to the credit of the fund otherwise entitled to the proceeds.
[ 2003 c 334 s 523; 2001 c 250 s 17; 1961 c 178 s 5.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Deductions to be paid into resource management cost account.


title: RCW 79.64.060

text:
The board shall adopt such rules as it deems necessary and proper for the purpose of carrying out the provisions of RCW 79.64.010 through 79.64.070.
[ 1983 c 3 s 203; 1961 c 178 s 6.]

catchline: Rules relating to account.


title: RCW 79.64.070

text:
If any provision of RCW 79.64.010 through 79.64.070, or its application to any person or circumstance is held invalid, the remainder of RCW 79.64.010 through 79.64.070, or the application of the provision to other persons or circumstances is not affected.
[ 1983 c 3 s 204; 1961 c 178 s 7.]

catchline: Severability—1961 c 178.


title: RCW 79.64.090

text:
The agricultural college trust management account is created in the state treasury. To this account shall be deposited such funds as the legislature directs or appropriates. Moneys in the agricultural college trust management account may be spent only after appropriation. Expenditures from this account may be used only for the costs of managing the assets of the agricultural school trust.
[ 2003 c 334 s 524; 1999 c 279 s 3.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Effective date—1999 c 279: See note following RCW 79.64.030.

catchline: Agricultural college trust management account—Creation.


title: RCW 79.64.095

text:
The natural resources federal lands revolving account is created in the custody of the state treasurer. All receipts from the proceeds of good neighbor agreements as defined in RCW 79.02.010 and implemented by the department of natural resources and all legislative transfers, gifts, grants, and federal funds designated for use in conjunction with a good neighbor agreement implemented by the department of natural resources must be deposited into the account. Expenditures from the account are subject to the limitations of the agreements under which proceeds were generated and may be used only for the planning and implementation of good neighbor agreements, including management or administrative costs and relevant goods and services. Only the commissioner or the commissioner's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. The natural resources federal lands revolving account is an interest-bearing account and the interest must be credited to the account.
[ 2018 c 258 s 3.]
Notes:
Effective date—2018 c 258: See note following RCW 79.02.010.

catchline: Natural resources federal lands revolving account.


title: RCW 79.64.100

text:
(1) There is created a forest development account in the state treasury. The state treasurer shall keep an account of all sums deposited, expended, or withdrawn from the account.
(2)(a) Any sums placed in the forest development account shall be pledged for the purpose of:
(i) Paying interest and principal on the bonds issued by the department under RCW 79.22.080 and 79.22.090 and the provisions of this chapter; and
(ii) The purchase of land for growing timber.
(b) Any bonds issued shall constitute a first and prior claim and lien against the account for the payment of principal and interest.
(3) No sums for the purposes identified in subsection (2) of this section shall be withdrawn or paid out of the account except upon approval of the department.
(a) Appropriations may be made by the legislature from the forest development account to the department for the purpose of:
(i) Carrying on the activities of the department on state forestlands;
(ii) Establishing a state forestland pool under RCW 79.22.140 and carrying on the activities of the department on lands included in the land pool;
(iii) Carrying on the activities of the department on lands managed on a sustained yield basis as provided for in RCW 79.10.320; and
(iv) Reimbursement of expenditures that have been made or may be made from the resource management cost account created in RCW 79.64.020 in the management of state forestlands.
(b) For the 2011-2013 fiscal biennium, moneys from the forest development account shall be distributed as directed in section 706, chapter 7, Laws of 2012 2nd sp. sess. to the beneficiaries of the revenues derived from state forestlands. During the 2011-2013 fiscal biennium, the legislature may appropriate moneys in the forest development account to support emergency fire suppression activities in a manner that, at a maximum, represents the proportion of land that the department manages in comparison to the total land the department conducts emergency fire suppression activities on.
[ 2023 c 470 s 1019. Prior: 2012 2nd sp.s. c 7 s 928; 2012 c 166 s 5; 2003 c 334 s 219; 2000 2nd sp.s. c 1 s 915; 1999 sp.s. c 13 s 18; 1998 c 347 s 55; 1988 c 128 s 31; 1985 c 57 s 75; 1977 ex.s. c 159 s 1; 1959 c 314 s 1; 1951 c 149 s 1; 1933 c 118 s 2; 1923 c 154 s 6; RRS s 5812-6. Formerly RCW 76.12.110.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—2012 2nd sp.s. c 7: See note following RCW 2.68.020.
Findings—Intent—2012 c 166: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
Severability—Effective date—1999 sp.s. c 13: See notes following RCW 77.85.005.
Effective date—1998 c 347: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 3, 1998]." [ 1998 c 347 s 56.]
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: Forest development account.


title: RCW 79.64.110

text:
(1) Any moneys derived from the lease of state forestlands or from the sale of valuable materials, oils, gases, coal, minerals, or fossils from those lands, except as provided in RCW 79.64.130, or the appraised value of these resources when transferred to a public agency under RCW 79.22.060, must be distributed as follows:
(a) For state forestlands acquired through RCW 79.22.040 or by exchange or as replacement for lands acquired through RCW 79.22.040:
(i) The expense incurred by the state for administration, reforestation, and protection, not to exceed 25 percent, which rate of percentage shall be determined by the board, must be returned to the forest development account created in RCW 79.64.100. During the 2017-2019, 2019-2021, 2021-2023, 2023-2025, and 2025-2027 fiscal biennia, the board may increase the 25 percent limitation up to 27 percent.
(ii) Any balance remaining must be paid to the county in which the land is located or, if the land acquired under RCW 79.22.040 was exchanged, transferred, or disposed, payment must be made to the county from which the land was exchanged, transferred, or disposed. For counties participating in a land pool created under RCW 79.22.140, to each participating county proportionate to its contribution of asset value to the land pool as determined by the board. Payments made under this subsection are to be paid, distributed, and prorated to the various funds in the same manner as general taxes are paid and distributed during the year of payment. However, a county may in its discretion pay, distribute, and prorate payments made under this subsection of moneys derived from state forestlands acquired by exchange or as replacement lands, for lands acquired through RCW 79.22.040, in the same manner as general taxes are paid and distributed during the year of payment for the former state forestlands that were subject to the exchange.
(iii) Any balance remaining, paid to a county with a population of less than 16,000, must first be applied to the reduction of any indebtedness existing in the current expense fund of the county during the year of payment.
(iv) With regard to moneys remaining under this subsection (1)(a), within seven working days of receipt of these moneys, the department shall certify to the state treasurer the amounts to be distributed to the counties. The state treasurer shall distribute funds to the counties four times per month, with no more than 10 days between each payment date.
(b) For state forestlands acquired through RCW 79.22.010 or by exchange or as replacement lands for lands acquired through RCW 79.22.010, except as provided in RCW 79.64.120:
(i) Fifty percent shall be placed in the forest development account.
(ii) Fifty percent shall be prorated and distributed to the state general fund, to be dedicated for the benefit of the public schools, to the county in which the land is located or, for counties participating in a land pool created under RCW 79.22.140, to each participating county proportionate to its contribution of asset value to the land pool as determined by the board, and according to the relative proportions of tax levies of all taxing districts in the county. The portion to be distributed to the state general fund shall be based on the regular school levy rate under *RCW 84.52.065 (1) and (2) and the levy rate for any school district enrichment levies. With regard to the portion to be distributed to the counties, the department shall certify to the state treasurer the amounts to be distributed within seven working days of receipt of the money. The state treasurer shall distribute funds to the counties four times per month, with no more than 10 days between each payment date. The money distributed to the county must be paid, distributed, and prorated to the various other funds in the same manner as general taxes are paid and distributed during the year of payment.
(2) A school district may transfer amounts deposited in its debt service fund pursuant to this section into its capital projects fund as authorized in RCW 28A.320.330.
[ 2025 c 424 s 988. Prior: 2023 c 475 s 944; 2023 c 383 s 8; prior: 2021 c 334 s 995; 2021 c 145 s 3; prior: 2019 c 415 s 985; 2019 c 309 s 1; prior: 2017 3rd sp.s. c 13 s 315; 2017 3rd sp.s. c 1 s 986; 2017 c 248 s 6; 2015 3rd sp.s. c 4 s 973; 2012 c 166 s 6; 2009 c 354 s 8; 2007 c 503 s 1; 2003 c 334 s 207.]
Notes:
*Reviser's note: RCW 84.52.065 was amended by 2026 c 163 s 301, substantially modifying the provisions of subsection(2).
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2023 c 475: See note following RCW 16.76.030.
Findings—2023 c 383: See note following RCW 79.17.300.
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Effective date—2019 c 415: See note following RCW 28B.20.476.
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Effective date—2017 3rd sp.s. c 1: See note following RCW 43.41.455.
Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069.
Findings—Intent—2012 c 166: See note following RCW 79.02.010.
Finding—Intent—2009 c 354: See note following RCW 84.33.140.
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Revenue distribution.


title: RCW 79.64.120

text:
(1) The department is authorized to:
(a) Determine the total present account balance with interest of the interfund loans made by the resource management cost account to the forest development account in accordance with generally accepted accounting principles;
(b) Subject to approval of the board, effectuate a transfer of timber cutting rights on state forestlands acquired under RCW 79.22.010 to the federal land grant trusts in such proportion that each trust receives full and fair market value for the interfund loans and is fully repaid or so much thereof as possible within distribution constraints described in subsection (2) of this section.
(2) After the effective date of the transfer authorized by subsection (1)(b) of this section and until the exercise of the cutting rights on the timber transferred has been fully satisfied, the distribution of revenue from timber management activities on state forestlands acquired under RCW 79.22.010 on which cutting rights have been transferred shall be as follows:
(a) As determined by the board, an amount no greater than thirty-three and three-tenths percent to be distributed to the federal land grant trust accounts and resource management cost account as directed by RCW 79.64.040 and 79.64.050;
(b) As determined by the board, an amount not less than sixteen and seven-tenths percent to the forest development account;
(c) Fifty percent to be distributed as provided in RCW 79.64.110.
[ 2003 c 334 s 463; 1988 c 70 s 3. Formerly RCW 79.12.035.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Purpose—1988 c 70 s 3: "The purpose of RCW 79.12.035 is to provide a means to retire interfund loans authorized by RCW 79.64.030 from the resource management cost account to the forest development account. The resource management cost account is an asset of the federal land grant trusts. Section 3 of this act is intended to authorize a process by which the interfund loans may be repaid such that the federal land grant trusts will receive full fair market value without disruption in income to counties and the state general fund from management activities on state forestlands managed pursuant to chapter 79.12 RCW." [ 1988 c 70 s 2.]

catchline: Retirement of interfund loans—Transfer of timber cutting rights on state forestlands acquired under RCW 79.22.010 to the federal land grant trusts—Distribution of revenue from timber management activities.


title: RCW 79.64.130

text:
(1)(a) The forest health revolving account is created in the custody of the state treasurer. All receipts from the proceeds of forest health treatment sales as defined in this section and RCW 79.10.520 and 79.10.530 and all legislative transfers, gifts, grants, and federal funds must be deposited into the account. Expenditures from the account may be used only for the payment of costs, including management and administrative costs, incurred on forest health treatments necessary to improve forest health as defined in RCW 79.10.520. Only the commissioner or the commissioner's designee may authorize expenditures from the account. The board of natural resources has oversight of the account, and the commissioner must periodically report to the board of natural resources as to the status of the account, its disbursement, and receipts. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(b) The forest health revolving account is an interest-bearing account and the interest must be credited to the account.
(2) Beginning calendar year 2018, the fund balance attributable to the receipts from the proceeds of forest health treatment sales is subject to the following:
(a) Any unobligated amounts up to ten million dollars at the end of the calendar year are not subject to disbursements to trust beneficiaries, the resource management account, or the forest development account.
(b) Any unobligated amounts exceeding ten million dollars at the end of the calendar year must be disbursed to the appropriate trust beneficiaries as determined by the board of natural resources and these disbursements are not subject to the deductions for the resource management cost account described in RCW 79.64.040 or the forest development account described in RCW 79.64.110.
(c) If the board of natural resources determines that the department has permanently discontinued using the forest health revolving account for the forest health treatments under RCW 79.10.520 and 79.10.530, the board must disburse all remaining fund balance attributable to the proceeds of forest health treatment sales to the appropriate trust beneficiaries, and these disbursements are not subject to the deductions for the resource management cost account described in RCW 79.64.040 or the forest development account described in RCW 79.64.110.
(3)(a) Except as provided in (b) and (c) of this subsection, expenditures on state lands and state forestlands for forest health treatments by the department from the forest health revolving account must be consistent with the prioritization policy under RCW 79.10.520 and the prioritization list created under RCW 79.10.530.
(b) The department is not bound to adhere to the list submitted to the legislature under RCW 79.10.520 in the event that emerging information or changed circumstances support a reprioritization of lands consistent with the policy created under RCW 79.10.520.
(c) The department is not required to apply the prioritization policy of RCW 79.10.520 where doing so would be incompatible with the conditions of funding provided by the federal government or another organization that is contributing funds to forest health treatments involving the department.
[ 2017 c 248 s 3.]

catchline: Forest health revolving account.


title: RCW 79.70.010

text:
The purpose of this chapter is to establish a state system of natural area preserves and a means whereby the preservation of these aquatic and land areas can be accomplished.
All areas within the state, except those which are expressly dedicated by law for preservation and protection in their natural condition, are subject to alteration by human activity. Natural lands, together with the plants and animals living thereon in natural ecological systems, are valuable for the purposes of scientific research, teaching, as habitats of rare and vanishing species, as places of natural historic and natural interest and scenic beauty, and as living museums of the original heritage of the state.
It is, therefore, the public policy of the state of Washington to secure for the people of present and future generations the benefit of an enduring resource of natural areas by establishing a system of natural area preserves, and to provide for the protection of these natural areas.
[ 1972 ex.s. c 119 s 1.]

catchline: Purpose.


title: RCW 79.70.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of natural resources.
(2) "Natural areas" and "natural area preserves" include such public or private areas of land or water which have retained their natural character, although not necessarily completely natural and undisturbed, or which are important in preserving rare or vanishing flora, fauna, geological, natural historical or similar features of scientific or educational value and which are acquired or voluntarily registered or dedicated by the owner under this chapter.
(3) "Public lands" and "state lands" have the meaning set out in RCW 79.02.010.
(4) "Council" means the natural heritage advisory council as established in RCW 79.70.070.
(5) "Commissioner" means the commissioner of public lands.
(6) "Important bird area" means those areas jointly identified by the natural heritage program and a qualifying nonprofit organization using internationally recognized scientific criteria. These areas have been found to be necessary to conserve populations of wild waterfowl, upland game birds, songbirds, and other birds native to and migrating through Washington, and contain the habitats that birds are dependent upon for breeding, migration, shelter, and sustenance.
(7) "Instrument of dedication" means any written document intended to convey an interest in real property pursuant to chapter 64.04 RCW.
(8) "Natural heritage resources" means the plant community types, aquatic types, unique geologic types, and special plant and animal species and their critical habitat as defined in the natural heritage plan established under RCW 79.70.030.
(9) "Plan" means the natural heritage plan as established under RCW 79.70.030.
(10) "Program" means the natural heritage program as established under RCW 79.70.030.
(11) "Qualifying nonprofit organization" means a national nonprofit organization, or a branch of a national nonprofit organization, that conserves and restores natural ecosystems, focusing on birds, other wildlife, and their habitat.
(12) "Register" means the Washington register of natural area preserves as established under RCW 79.70.030.
[ 2004 c 180 s 4; 2003 c 334 s 548; 1981 c 189 s 1; 1972 ex.s. c 119 s 2.]
Notes:
Intent—2004 c 180: See note following RCW 79.70.110.
Intent—2003 c 334: See note following RCW 79.02.010.


title: RCW 79.70.030

text:
In order to set aside, preserve, and protect natural areas within the state, the department is authorized, in addition to any other powers, to:
(1) Establish the criteria for selection, acquisition, management, protection, and use of such natural areas, including:
(a) Limiting public access to natural area preserves consistent with the purposes of this chapter. Where appropriate, and on a case-by-case basis, a buffer zone with an increased low level of public access may be created around the environmentally sensitive areas;
(b) Developing a management plan for each designated natural area preserve. The plan must identify the significant resources to be conserved consistent with the purposes of this chapter and identify the areas with potential for low-impact public and environmental educational uses. The plan must specify the types of management activities and public uses that are permitted, consistent with the purposes of this chapter. The department must make the plans available for review and comment by the public, and state, tribal, and local agencies, prior to final approval;
(2) Cooperate or contract with any federal, state, or local governmental agency, private organizations, or individuals in carrying out the purpose of this chapter;
(3) Consistent with the plan, acquire by gift, devise, purchase, grant, dedication, or means other than eminent domain, the fee or any lesser right or interest in real property which shall be held and managed as a natural area;
(4) Acquire by gift, devise, grant, or donation any personal property to be used in the acquisition and/or management of natural areas;
(5) Inventory existing public, state, and private lands in cooperation with the council to assess possible natural areas to be preserved within the state;
(6) Maintain a natural heritage program to provide assistance in the selection and nomination of areas containing natural heritage resources for registration or dedication. The program shall maintain a classification of natural heritage resources, an inventory of their locations, and a data bank for such information. The department shall cooperate with the department of fish and wildlife in the selection and nomination of areas from the data bank that relate to critical wildlife habitats. Information from the data bank shall be made available to public and private agencies and individuals for environmental assessment and proprietary land management purposes. Usage of the classification, inventory, or data bank of natural heritage resources for any purpose inconsistent with the natural heritage program is not authorized;
(7) Prepare a natural heritage plan which shall govern the natural heritage program in the conduct of activities to create and manage a system of natural areas that includes natural resources conservation areas, and may include areas designated under the research natural area program on federal lands in the state;
(a) The plan shall list the natural heritage resources to be considered for registration and shall provide criteria for the selection and approval of natural areas under this chapter;
(b) The department shall provide opportunities for input, comment, and review to the public, other public agencies, and private groups with special interests in natural heritage resources during preparation of the plan;
(c) Upon approval by the council and adoption by the department, the plan shall be updated and submitted biennially to the appropriate committees of the legislature for their information and review. The plan shall take effect ninety days after the adjournment of the legislative session in which it is submitted unless the reviewing committees suggest changes or reject the plan; and
(8) Maintain a state register of natural areas containing significant natural heritage resources to be called the Washington register of natural area preserves. Selection of natural areas for registration shall be in accordance with criteria listed in the natural heritage plan and accomplished through voluntary agreement between the owner of the natural area and the department. No privately owned lands may be proposed to the council for registration without prior notice to the owner or registered without voluntary consent of the owner. No state or local governmental agency may require such consent as a condition of any permit or approval of or settlement of any civil or criminal proceeding or to penalize any landowner in any way for failure to give, or for withdrawal of, such consent.
(a) The department shall adopt rules as authorized by RCW 43.12.065 and 79.70.030(1) and chapter 34.05 RCW relating to voluntary natural area registration.
(b) After approval by the council, the department may place sites onto the register or remove sites from the register.
(c) The responsibility for management of registered natural area preserves shall be with the preserve owner. A voluntary management agreement may be developed between the department and the owners of the sites on the register.
(d) Any public agency may register lands under provisions of this chapter.
[ 2003 c 334 s 549; 2002 c 284 s 1; 1994 c 264 s 61; 1988 c 36 s 54; 1981 c 189 s 3; 1972 ex.s. c 119 s 3.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Powers of department.


title: RCW 79.70.040

text:
The department is further authorized to purchase, lease, set aside, or exchange any public lands which are deemed to be natural areas: PROVIDED, That the appropriate state land trust receives the fair market value for any interests that are disposed of: PROVIDED, FURTHER, That such transactions are approved by the board of natural resources.
An area consisting of public land designated as a natural area preserve shall be held in trust and shall not be alienated except to another public use upon a finding by the department of natural resources of imperative and unavoidable public necessity.
[ 2004 c 199 s 228; 1972 ex.s. c 119 s 4.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.

catchline: Powers as to transactions involving public lands deemed natural areas—Alienation of lands designated natural area preserves.


title: RCW 79.70.060

text:
The legislature finds:
(1) That it is necessary to establish a process and means for public and private sector cooperation in the development of a system of natural areas. Private and public landowners should be encouraged to participate in a program of natural area establishment which will benefit all citizens of the state;
(2) That there is a need for a systematic and accessible means for providing information concerning the locations of the state's natural heritage resources; and
(3) That the natural heritage advisory council should utilize a specific framework for natural heritage resource conservation decision making through a classification, inventory, priority establishment, acquisition, and management process known as the natural heritage program. Future natural areas should avoid unnecessary duplication of already protected natural heritage resources including those which may already be protected in existing publicly owned or privately dedicated lands such as nature preserves, natural areas, natural resources conservation areas, parks, or wilderness.
[ 2002 c 284 s 2; 1981 c 189 s 2.]

catchline: Legislative findings—Natural heritage resources.