30 chapters · 656 sections in this title.
RCW 79.02.010 Definitions.
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The definitions in this section apply throughout this title unless the context clearly requires otherwise.(1) "Aquatic lands" means all state-owned tidelands, shorelands, harbor areas, and the beds of navigable waters as defined in RCW 79.105.060 that are administered by the depa…
RCW 79.02.020 Witnesses—Compelling attendance.
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(1) The board or the commissioner has the power to compel through subpoena the attendance of witnesses and production of records for:(a) Hearings pertaining to public lands as provided by this title;(b) Determining the value and character of land, valuable materials, or improveme…
RCW 79.02.030 Court review of actions.
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Any applicant to purchase, or lease, any public lands of the state, or any valuable materials thereon, and any person whose property rights or interests will be affected by such sale or lease, feeling aggrieved by any order or decision of the board, or the commissioner, concernin…
RCW 79.02.040 Reconsideration of official acts.
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The department may review and reconsider any of its official acts relating to public lands until such time as a lease, contract, or deed shall have been made, executed, and finally issued, and the department may recall any lease, contract, or deed issued for the purpose of correc…
RCW 79.02.050 Effect of mistake or fraud.
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(1) Any sale, transfer, or lease in which the purchaser, transfer recipient, or lessee obtains the sale or lease by fraud or misrepresentation is void, and the contract of purchase or lease shall be of no effect. In the event of fraud, the contract, transferred property, or lease…
RCW 79.02.060 Scope of provisions of chapter 199, Laws of 2004.
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The provisions of chapter 199, Laws of 2004 are not intended to affect the trust responsibilities or trust management by the department for any trust lands granted by the federal government or legislatively created trusts. The trust obligations relating to federally granted lands…
RCW 79.02.080 Rewards for information regarding violations.
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The department is authorized to offer and pay a reward not to exceed ten thousand dollars in each case for information regarding violations of any statute or rule relating to the state's public lands and natural resources on those lands, except forest practices under chapter 76.0…
RCW 79.02.090 Transfer of county auditor's duties.
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The duties of the county auditor in each county with a population of two hundred ten thousand or more, with regard to sales and leases dealt with under this title except RCW 79.11.250, 79.11.260, and * 79.94.040, are transferred to the county treasurer.[ 2003 c 334 s 451; 1991 c …
RCW 79.02.095 Statutes not applicable to state tidelands, shorelands, harbor areas, and the beds of navigable waters.
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RCW 79.11.080, 79.11.010, 79.11.110, * 79.01.140, 79.11.160, 79.10.125, 79.13.130, * 79.01.252, * 79.01.256, * 79.01.260, * 79.01.264, 79.13.180, 79.02.260, 79.13.320, 79.13.410, 79.13.010, and * 79.01.277 do not apply to state tidelands, shorelands, harbor areas, and the beds of…
RCW 79.02.100 Appearance by commissioner before United States land offices.
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The commissioner of public lands is authorized and directed to appear before the United States land offices in all cases involving the validity of the selections of any lands granted to the state, and to summon witnesses and pay necessary witness fees and stenographer fees in suc…
RCW 79.02.110 Applications for federal certification that lands are nonmineral.
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The commissioner of public lands is authorized and directed to make applications, and to cause publication of notices of applications, to the interior department of the United States for certification that any land granted to the state is nonmineral in character, in accordance wi…
RCW 79.02.120 Lieu lands—Selection agreements authorized.
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For the purpose of obtaining from the United States indemnity or lieu lands for such lands granted to the state for common schools, educational, penal, reformatory, charitable, capitol building, or other purposes, as have been or may be lost to the state, or the title to or use o…
RCW 79.02.130 Lieu lands—Examination and appraisal.
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Upon the making of any such agreement, the board shall be empowered and it shall be its duty to cause such examination and appraisal to be made as will determine the area and value, as nearly as may be, of the lands lost to the state, or the title to, use or possession of which i…
RCW 79.02.140 Lieu lands—Transfer of title to lands relinquished.
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Whenever the title to any lands selected under the provisions of RCW 79.02.120 through 79.02.140 shall become vested in the state of Washington by the acceptance and approval of the lists of lands so selected, or other proper action of the United States, the governor, on behalf o…
RCW 79.02.150 Selection to complete uncompleted grants.
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So long as any grant of lands by the United States to the state of Washington, for any purpose, or as lieu or indemnity lands therefor, remains incomplete, the commissioner of public lands shall, from time to time, cause the records in his or her office and in the United States l…
RCW 79.02.160 Relinquishment on failure or rejection of selection.
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In case any person interested in any tract of land heretofore selected by the territory of Washington or any officer, board, or agent thereof or by the state of Washington or any officer, board, or agent thereof or which may be hereafter selected by the state of Washington or the…
RCW 79.02.200 Abstracts of public lands.
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The department shall cause full and correct abstracts of all the public lands to be made and kept in suitable and well bound books, and other suitable records. Such abstracts shall show in proper columns and pages the section or part of section, lot or block, township and range i…
RCW 79.02.210 Maps and plats—Record and index—Public inspection.
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All maps, plats, and field notes of surveys, required to be made by this title shall, after approval by the department, be deposited and filed in the office of the department, which shall keep a careful and complete record and index of all maps, plats, and field notes of surveys …
RCW 79.02.220 Seal.
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All notices, orders, contracts, certificates, rules and regulations, or other documents or papers made and issued by or on behalf of the department, or the commissioner, as provided in this title, shall be authenticated by a seal whereon shall be the vignette of George Washington…
RCW 79.02.230 Blank forms of applications for appraisal, transfer, sale, and lease of state lands, valuable materials.
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The department shall cause to be prepared, and furnish to applicants, blank forms of applications for the appraisal, transfer, and purchase of any state lands and the purchase of valuable materials situated thereon, and for the lease of state lands. These forms shall contain inst…
RCW 79.02.240 Fees.
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The department may charge and collect fees as determined by the board for each category of services performed based on costs incurred.[ 2003 c 334 s 428; 1979 ex.s. c 109 s 18; 1959 c 153 s 1; 1927 c 255 s 190; RRS s 7797-190. Formerly RCW 79.01.720, 43.12.120.]Notes:Intent—2003 …
RCW 79.02.250 Reasonable fees—Disposition.
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(1) Applications for the purchase or use of lands and the sale of valuable materials by the department shall be accompanied by reasonable fees to be prescribed by the board in an amount sufficient to defray the cost of performing or otherwise providing for the processing, review,…
RCW 79.02.260 Fee book.
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The department shall keep a fee book, in which shall be entered all fees received, with the date paid and the name of the person paying the same, and the nature of the services rendered for which the fee is charged, which book shall be verified monthly by affidavit entered therei…
RCW 79.02.270 Deed.
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When the entire purchase price of any state lands shall have been fully paid, the commissioner shall certify such fact to the governor, and shall cause a quitclaim deed signed by the governor and attested by the secretary of state, with the seal of the state attached thereto, to …
RCW 79.02.280 Assignment of contracts or leases.
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All contracts of purchase or leases issued by the department shall be assignable in writing by the contract holder or lessee and the assignee shall be subject to and governed by the provisions of law applicable to the assignor and shall have the same rights in all respects as the…
RCW 79.02.290 Subdivision of contracts or leases—Fee.
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Whenever the holder of a contract of purchase or the holder of any lease, except for mining of valuable minerals or coal, or extraction of petroleum or gas, shall surrender the same to the department with the request to have it divided into two or more contracts, or leases, the d…
RCW 79.02.300 Trespass, waste, damages—Prosecutions.
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(1) Every person who, without authorization, uses or occupies public lands, removes any valuable material as defined in RCW 79.02.010 from public lands, or causes waste or damage to public lands, or injures publicly owned personal property or publicly owned improvements to real p…
RCW 79.02.310 Trespasser guilty of theft, when.
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Every person who willfully commits any trespass upon any public lands of the state and cuts down, destroys, or injures any timber, or any tree, including a Christmas tree as defined in *RCW 76.48.020, standing or growing thereon, or takes, or removes, or causes to be taken, or re…
RCW 79.02.320 Removal of timber—Treble damages.
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Every person who shall cut or remove, or cause to be cut or removed, any timber growing or being upon any public lands of the state, including a Christmas tree as defined in *RCW 76.48.020, or who shall manufacture the same into logs, bolts, shingles, lumber or other articles of …
RCW 79.02.330 Lessee or contract holder guilty of misdemeanor.
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Every person being in lawful possession of any public lands of the state, under and by virtue of any lease or contract of purchase from the state, cuts down, destroys, or injures, or causes to be cut down, destroyed, or injured, any timber standing or growing thereon, or takes or…
RCW 79.02.370 Protection against cedar theft.
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The board must establish procedures to protect against cedar theft and to ensure adequate notice is given for persons interested in purchasing cedar.[ 2003 c 334 s 333.]Notes:Intent—2003 c 334: See note following RCW 79.02.010.
RCW 79.02.400 Charitable, educational, penal, and reformatory real property—Inventory—Transfer.
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(1) Every five years the department of social and health services and other state agencies that operate institutions shall conduct an inventory of all real property subject to the charitable, educational, penal, and reformatory institution account and other real property acquired…
RCW 79.02.410 Charitable, educational, penal, and reformatory real property—High economic return potential—Income.
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Where charitable, educational, penal, and reformatory institutions land has the potential for lease for commercial, industrial, or residential uses or other uses with the potential for high economic return and is within urban or suburban areas, the department shall make every eff…
RCW 79.02.420 Finding—Intent—Community and technical college forest reserve land base—Management—Disposition of revenue.
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(1) The legislature finds that the state's community and technical colleges need a dedicated source of revenue to augment other sources of capital improvement funding. The intent of this section is to ensure that the forestland purchased under section 310, chapter 16, Laws of 199…
RCW 79.10.010 Reports.
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(1) It shall be the duty of the department to report, and recommend, to each session of the legislature, any changes in the law relating to the methods of handling the public lands of the state that the department may deem advisable.(2) The department shall provide a comprehensiv…
RCW 79.10.020 Department authority to accept land.
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The department is hereby authorized, when in its judgment it appears advisable, to accept on behalf of the state, any grant of land within the state which shall then become a part of the state forests. No grant may be accepted until the title has been examined and approved by the…
RCW 79.10.030 Management of acquired lands—Land acquired by escheat suitable for park purposes.
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(1) Except as provided in subsection (2) of this section, the department shall manage and control all lands acquired by the state by escheat or under RCW 79.19.010 through 79.19.110 and all lands acquired by the state by deed of sale or gift or by devise, except such lands which …
RCW 79.10.040 Gifts of land for offices.
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Any county, city or town is authorized and empowered to convey to the state of Washington any lands owned by such county, city or town upon the selection of such lands by the department and the department is hereby authorized to select and accept conveyances of lands from such co…
RCW 79.10.050 Gifts of county or city land for offices, warehouses, etc.—Use of lands authorized.
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The department is authorized to use such lands for the purposes hereinbefore expressed and to improve said lands and build thereon any necessary structures for the purposes hereinbefore expressed and expend in so doing such funds as may be authorized by law therefor.[ 1988 c 128 …
RCW 79.10.060 Compliance with local ordinances, when.
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The department may comply with county or municipal zoning ordinances, laws, rules, or regulations affecting the use of public lands where such regulations are consistent with the treatment of similar private lands.[ 2004 c 199 s 209; 2003 c 334 s 544; 1971 ex.s. c 234 s 13. Forme…
RCW 79.10.070 Management of public lands within watershed area providing water supply for city or town—Lake Whatcom municipal watershed pilot project—Report—Exclusive method of condemnation by city or town for watershed purposes.
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(1) In the management of public lands lying within the limits of any watershed over and through which is derived the water supply of any city or town, the department may alter its land management practices to provide water with qualities exceeding standards established for intras…
RCW 79.10.080 Classification of land after timber removed.
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When the merchantable timber has been sold and actually removed from any state lands, the department may classify the land, and may reserve from any future sale such portions thereof as may be found suitable for reforestation, and in such case, shall enter such reservation in its…
RCW 79.10.090 Economic analysis of state lands held in trust—Scope—Use.
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Periodically at intervals to be determined by the board, the department shall cause an economic analysis to be made of those state lands held in trust, where the nature of the trust makes maximization of the economic return to the beneficiaries of income from state lands the prim…
RCW 79.10.100 Concept to be utilized, when.
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The legislature hereby directs that a multiple use concept be utilized by the department in the administration of public lands where such a concept is in the best interests of the state and the general welfare of the citizens thereof, and is consistent with the applicable provisi…
RCW 79.10.110 "Multiple use" defined.
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"Multiple use" as used in RCW 79.10.070, 79.44.003, and this chapter shall mean the management and administration of state-owned lands under the jurisdiction of the department to provide for several uses simultaneously on a single tract and/or planned rotation of one or more uses…
RCW 79.10.120 Multiple uses compatible with financial obligations of trust management—Other uses permitted, when.
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Multiple uses additional to and compatible with those basic activities necessary to fulfill the financial obligations of trust management may include but are not limited to:(1) Recreational areas;(2) Recreational trails for both vehicular and nonvehicular uses developed or mainta…
RCW 79.10.125 Land open to public for fishing, hunting, and nonconsumptive wildlife activities.
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All state lands hereafter leased for grazing or agricultural purposes shall be open and available to the public for purposes of hunting and fishing, and for nonconsumptive wildlife activities, as defined by the board of natural resources, unless closed to public entry because of …
RCW 79.10.130 Scope of department's authorized activities.
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(1) The department is hereby authorized to carry out all activities necessary to achieve the purposes of this section and RCW 79.10.060, 79.10.070, 79.10.100 through 79.10.120, 79.10.200 through 79.10.330, 79.44.003, and 79.105.050 including, but not limited to:(a) Planning, cons…
RCW 79.10.140 Outdoor recreation—Construction, operation, and maintenance of primitive facilities—Right-of-way and public access—Use of state and federal outdoor recreation funds.
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The department is authorized:(1) To construct, operate, and maintain primitive outdoor recreation and conservation facilities on lands under its jurisdiction which are of primitive character when deemed necessary by the department to achieve maximum effective development of such …
RCW 79.10.200 Multiple use land resource allocation plan—Adoption—Factors considered.
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The department may adopt a multiple use land resource allocation plan for all or portions of the lands under its jurisdiction providing for the identification and establishment of areas of land uses and identifying those uses which are best suited to achieve the purposes of RCW 7…