Title 79 — Title 79 PUBLIC LANDS
30 chapters · 656 sections in this title.
RCW 79.100.005 Findings.
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The legislature finds that there has been an increase in the number of derelict and abandoned vessels that are either grounded or anchored upon publicly or privately owned submerged lands. These vessels are public nuisances and safety hazards as they often pose hazards to navigat…
RCW 79.100.010 Definitions.
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*** CHANGE IN 2026 *** (SEE 2199-S.SL) ***The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Abandoned vessel" means a vessel that has been left, moored, or anchored in the same area without the express consent, or con…
RCW 79.100.020 Chapter not exclusive remedy.
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This chapter is not intended to limit or constrain the ability and authority of the authorized public entities to enact and enforce ordinances or other regulations relating to derelict and abandoned vessels, or to take any actions authorized by federal or state law in responding …
RCW 79.100.030 Authority of authorized public entity—Owner retains primary responsibility—Limitation on civil liability.
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(1) An authorized public entity has the authority, subject to the processes and limitations of this chapter, to store, strip, use, auction, sell, salvage, scrap, or dispose of an abandoned or derelict vessel found on or above aquatic lands within the jurisdiction of the authorize…
RCW 79.100.040 Obtaining custody of vessel.
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(1) Prior to exercising the authority granted in RCW 79.100.030, the authorized public entity must first obtain custody of the vessel. To do so, the authorized public entity must:(a) Mail notice of its intent to obtain custody, at least 10 days prior to taking custody, to the las…
RCW 79.100.050 Use or disposal of vessel.
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(1) After taking custody of a vessel, the authorized public entity may use or dispose of the vessel in any appropriate and environmentally sound manner without further notice to any owners, but must give preference to uses that derive some monetary benefit from the vessel, either…
RCW 79.100.060 Reimbursement for costs.
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(1) The owner of an abandoned or derelict vessel, or any person or entity that has incurred secondary liability for an abandoned or derelict vessel under this chapter or RCW 88.26.030, is responsible for reimbursing an authorized public entity for all reasonable and auditable cos…
RCW 79.100.070 Contract with private company/individual.
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An authorized public entity may enter into a contract with a private company or individual to carry out the authority granted in this chapter.[ 2002 c 286 s 8.]
RCW 79.100.080 Chapter not exclusive.
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The rights granted by this chapter are in addition to any other legal rights an authorized public entity may have to obtain title to, remove, recover, sell, or dispose of an abandoned or derelict vessel, and in no way does this chapter alter those rights, or affect the priority o…
RCW 79.100.100 Derelict vessel removal account.
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(1)(a) The derelict vessel removal account is created in the state treasury. All receipts from RCW 79.100.050 and 79.100.060 and those moneys specified in RCW 88.02.640 must be deposited into the account. The account is authorized to receive fund transfers and appropriations from…
RCW 79.100.110 Vessel abandoned or derelict upon aquatic lands—Causing a vessel to block a navigational channel—Penalty.
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(1) A person who causes a vessel to become abandoned or derelict upon aquatic lands is guilty of a misdemeanor.(2) A person who intentionally, through action or inaction and without the appropriate state, local, or federal authorization, causes a vessel to sink, break up, or bloc…
RCW 79.100.120 Contesting an authorized public entity's decision to take temporary custody or possession of a vessel—Contesting the amount of reimbursement.
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(1)(a) An owner or lienholder seeking to contest an authorized public entity's decision to take temporary possession or custody of a vessel under this chapter, or to contest the amount of reimbursement owed to an authorized public entity under this chapter, may request a hearing …
RCW 79.100.130 Private moorage facility owner may contract with a local government—Contract requirements.
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(1) A private moorage facility owner, as those terms are defined in RCW 88.26.010, may contract with the department or a local government for the purpose of participating in the derelict vessel removal program.(2) If a contract is completed under this section, the department or l…
RCW 79.100.140 Authority to board a vessel—Administrative search warrant.
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(1) An officer or employee of an authorized public entity, or the department of ecology at the request of an authorized public entity, may, consistent with subsection (2) of this section, board any vessel at any reasonable time for the purpose of:(a) Administering this chapter, i…
RCW 79.100.150 Transfer of certain vessels—Vessel inspection—Secondary liability.
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(1) A vessel owner must obtain a vessel inspection under this section prior to transferring a vessel that is:(a) More than thirty-five feet in length and more than forty years old; and(b) Either:(i) Is registered or required to be registered under chapter 88.02 RCW; or(ii) Is lis…
RCW 79.100.160 Voluntary vessel turn-in program.
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(1) The department may develop and administer a voluntary vessel turn-in program.(2) The purpose of the vessel turn-in program is to allow the department to dismantle and dispose of vessels that pose a high risk of becoming a derelict vessel or abandoned vessel, but that do not y…
RCW 79.100.170 Transfer of ownership of certain vessels—Marine insurance policy.
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(1) Any individual or company that purchases or otherwise receives a used vessel greater than thirty-five feet in length and more than forty years old must, prior to or concurrent with the transfer of ownership, secure a marine insurance policy consistent with this section. Proof…
RCW 79.100.180 Derelict vessel removal fee.
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(1)(a) Except as otherwise provided in (b) of this subsection, an annual derelict vessel removal fee is imposed upon all persons required by RCW 84.40.065 to list any ship or vessel with the department of revenue for state property tax purposes.(b) The derelict vessel removal fee…
RCW 79.100.901 Effective date—2002 c 286.
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This act takes effect January 1, 2003.[ 2002 c 286 s 26.]