Revised Code of Washington - RCW Title 79 Public Lands - Chapter 79.105 Aquatic Lands -- General

  • 79.105.001 Intent -- 2005 c 155
    This act is intended to make technical amendments to certain codified statutes that deal with the department of natural resources. Any statutory changes made by ...
  • 79.105.010 Aquatic lands -- Findings
    The legislature finds that state-owned aquatic lands are a finite natural resource of great value and an irreplaceable public heritage. The legislature recognizes that the ...
  • 79.105.020 Purpose -- Articulation of management philosophy
    The purpose of RCW 79.105.060, 79.105.230, 79.105.280, and 79.105.010 through 79.105.040 is to articulate a management philosophy to guide the exercise of the state's ownership ...
  • 79.105.030 Aquatic lands -- Management guidelines
    The management of state-owned aquatic lands shall be in conformance with constitutional and statutory requirements. The manager of state-owned aquatic lands shall strive to provide ...
  • 79.105.040 Application to existing property rights -- Application of shoreline management act
    Nothing in *this chapter or RCW 79.120.040 or 79.120.060 shall modify or affect any existing legal rights involving the boundaries of, title to, or vested ...
  • 79.105.050 Fostering use of aquatic environment -- Limitation
    The department shall foster the commercial and recreational use of the aquatic environment for production of food, fibre, income, and public enjoyment from state-owned aquatic ...
  • 79.105.060 Definitions
    The definitions in this section apply throughout chapters 79.105 through 79.145 RCW unless the context clearly requires otherwise. (1) "Aquatic lands" means all tidelands, shorelands, ...
  • 79.105.100 Sale and lease of state-owned aquatic lands -- Blank forms of applications
    The department shall prepare, and furnish to applicants, blank forms of applications for the purchase of state-owned tidelands or shorelands, otherwise permitted by RCW 79.125.200 ...
  • 79.105.110 Who may purchase or lease -- Application -- Fees
    Any person desiring to purchase any state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, or to purchase any valuable material situated ...
  • 79.105.120 Survey to determine areas subject to sale or lease
    The department may cause any state-owned aquatic lands to be surveyed for the purpose of ascertaining and determining the area subject to sale or lease.[2005 ...
  • 79.105.130 Reconsideration of official acts
    The department may review and reconsider any of its official acts relating to state-owned aquatic lands until such time as a lease, contract, or deed ...
  • 79.105.140 Assignment of contracts or leases
    All contracts of purchase of state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, and all leases of state-owned tidelands, shorelands, or ...
  • 79.105.150 Deposit, use of proceeds from sale or lease of aquatic lands or valuable materials therefrom -- Aquatic lands enhancement project grant requirements -- Aquatic lands enhancement account
    (1) After deduction for management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.115.150(2), all moneys received by the state from ...
  • 79.105.160 Aquatic lands -- Court review of actions
    Any applicant to purchase or lease any state-owned aquatic lands, or any valuable materials on state-owned aquatic lands, and any person whose property rights or ...
  • 79.105.200 Use and occupancy fee in lieu of lease -- Construction of section
    (1) The department may require the payment of a use and occupancy fee in lieu of a lease where improvements have been placed without authorization ...
  • 79.105.210 Aquatic lands -- Preservation and enhancement of water-dependent uses -- Leasing authority
    (1) The management of state-owned aquatic lands shall preserve and enhance water-dependent uses. Water-dependent uses shall be favored over other uses in state-owned aquatic land ...
  • 79.105.220 Lease of tidelands in front of public parks
    The department may lease state-owned tidelands that are in front of state parks only with the approval of the state parks and recreation commission. The ...
  • 79.105.230 Use for public parks or public recreation purposes
    Use for public parks or public recreation purposes shall be granted without charge if the state-owned aquatic lands and improvements are available to the general ...
  • 79.105.240 Determination of annual rent rates for lease of aquatic lands for water-dependent uses
    Except as otherwise provided by this chapter, annual rent rates for the lease of state-owned aquatic lands for water-dependent uses shall be determined as follows: ...
  • 79.105.250 Log storage rents
    (1) Until June 30, 1989, the log storage rents per acre shall be the average rents the log storage leases in effect on July 1, ...
  • 79.105.260 Rent for leases in effect October 1, 1984
    (1) For leases in effect on October 1, 1984, the rent shall remain at the annual rate in effect on September 30, 1984, until the ...
  • 79.105.270 Aquatic lands -- Leases/rents for nonwater-dependent uses
    Leases for nonwater-dependent uses of state-owned aquatic lands shall be charged the fair market rental value of the leased lands, determined in accordance with appraisal ...
  • 79.105.280 Rents and fees for recovery of mineral or geothermal resources
    Rents and fees for the mining or other recovery of mineral or geothermal resources shall be established through competitive bidding, negotiations, or as otherwise provided ...
  • 79.105.290 Aquatic lands -- Rents for multiple uses
    If water-dependent and nonwater-dependent uses occupy separate portions of the same leased parcel of state-owned aquatic land, the rental rate for each use shall be ...
  • 79.105.300 Aquatic lands -- Lease for water-dependent use -- Rental for nonwater-dependent use
    If a parcel leased for water-dependent uses is used for an extended period of time, as defined by rule of the department, for a nonwater-dependent ...
  • 79.105.310 Aquatic lands -- Rent for improvements
    (1) Except as agreed between the department and the lessee prior to construction of the improvements, rent shall not be charged under any lease of ...
  • 79.105.320 Aquatic lands -- Administrative review of proposed rent
    The manager shall, by rule, provide for an administrative review of any state-owned aquatic land rent proposed to be charged. The rules shall require that ...
  • 79.105.330 Aquatic lands -- Security for leases for more than one year
    For any lease for a term of more than one year, the department may require that the rent be secured by insurance, bond, or other ...
  • 79.105.340 Aquatic lands -- Payment of rent
    If the annual rent charged for the use of a parcel of state-owned aquatic lands exceeds four thousand dollars, the lessee may pay on a ...
  • 79.105.350 Aquatic lands -- Interest rate
    The interest rate and all interest rate guidelines shall be fixed by rule adopted by the board and shall not be less than six percent ...
  • 79.105.360 Adoption of rules
    The department shall adopt such rules as are necessary to carry out the purposes of RCW 79.105.010, 79.105.030, 79.105.050, 79.105.210, 79.105.220, 79.105.240 through 79.105.260, 79.105.270, ...
  • 79.105.400 Authority to exchange state-owned tidelands and shorelands -- Rules -- Limitation
    The department may exchange state-owned tidelands and shorelands with private and other public landowners if the exchange is in the public interest and will actively ...
  • 79.105.410 Gifts of aquatic land -- Procedures and criteria
    (1) The department is authorized to accept gifts of aquatic land within the state, including tidelands, shorelands, harbor areas, and the beds of navigable waters, ...
  • 79.105.420 Management of certain aquatic lands by port district -- Agreement -- Rent -- Model management agreement
    (1) Upon request of a port district, the department and port district may enter into an agreement authorizing the port district to manage state-owned aquatic ...
  • 79.105.430 Private recreational docks -- Mooring buoys
    (1) The abutting residential owner to state-owned shorelands, tidelands, or related beds of navigable waters, other than harbor areas, may install and maintain without charge ...
  • 79.105.500 Aquatic land dredged material disposal sites -- Findings
    The legislature finds that the department provides, manages, and monitors aquatic land dredged material disposal sites on state-owned aquatic lands for materials dredged from rivers, ...
  • 79.105.510 Aquatic land dredged material disposal site account
    The aquatic land dredged material disposal site account is established in the state treasury. The account shall consist of funds appropriated to the account; funds ...
  • 79.105.520 Fees for use of aquatic land dredged material disposal sites authorized
    The department shall estimate the costs of site management and environmental monitoring at aquatic land dredged material disposal sites and may, by rule, establish fees ...
  • 79.105.600 Archaeological activities on state-owned aquatic lands -- Agreements, leases, or other conveyances
    After consultation with the director of community, trade, and economic development, the department may enter into agreements, leases, or other conveyances for archaeological activities on ...
  • 79.105.610 Puget Sound partners
    When administering funds under this chapter, the *interagency committee for outdoor recreation shall give preference only to Puget Sound partners, as defined in RCW 90.71.010, ...
  • 79.105.620 City use of state-owned aquatic lands for publicly owned marina -- Reduced fee lease -- Expiration date
    (1)(a) A city with a population between twenty thousand and twenty-five thousand on June 12, 2008, and that currently operates a publicly owned marina may ...
  • 79.105.630 Administering funds -- Preference to an evergreen community
    When administering funds under this chapter, the recreation and conservation funding board shall give preference only to an evergreen community recognized under RCW 35.105.030 in ...
  • 79.105.900 Savings -- Captions -- Severability -- Effective dates -- 1982 1st ex.s. c 21
    See RCW 79.135.900 through 79.135.904. ...
  • 79.105.901 Severability -- 1984 c 221
    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...
  • 79.105.902 Effective date -- 1984 c 221
    This act shall take effect on October 1, 1984.[1984 c 221 § 32. Formerly RCW 79.90.902.] ...
  • 79.105.903 Severability -- 2005 c 155
    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...
  • 79.105.904 Part/subchapter headings not law -- 2005 c 155
    Part headings and subchapter headings used in this act are not any part of the law.[2005 c 155 § 1002.] ...

Last modified: April 7, 2009