Wash. Rev. Code § 79.125.001
Intent—2005 c 155
See RCW 79.105.001.
Revised Code of Washington Chapter 79.125 — Aquatic Lands—Tidelands and Shorelands
Washington · statute · Wash. Rev. Code ch. 79.125 · 55 active provisions
Wash. Rev. Code § 79.125.010
Location of line dividing tidelands from shorelands in tidal rivers
PLAT/APPRAISAL/REPLAT The department is authorized to locate in all navigable rivers in this state which are subject to tidal flow, the line dividing the tidelands in the river from the shorelands in the river, and the classification or the location of the dividing line shall be final and not subject to review, and the…
Wash. Rev. Code § 79.125.020
First-class tidelands and shorelands to be platted
It is the duty of the department simultaneously with the establishment of harbor lines and the determination of harbor areas in front of any city or town or as soon as practicable to survey and plat all first-class tidelands and shorelands not previously platted as provided in RCW 79.120.010.
Wash. Rev. Code § 79.125.030
Second-class tidelands and shorelands may be platted
The department may survey and plat any second-class tidelands and shorelands not previously platted.
Wash. Rev. Code § 79.125.040
Tidelands and shorelands—Plats—Record
The department shall prepare plats showing all tidelands and shorelands, surveyed, platted, and appraised by it in the respective counties, on which shall be marked the location of all tidelands and shorelands, with reference to the lines of the United States survey of the abutting upland, and shall prepare a record of…
Wash. Rev. Code § 79.125.050
Date of sale limited by time of appraisal
In no case shall any state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, be offered for sale unless the lands have been appraised by the department within ninety days prior to the date fixed for the sale.
Wash. Rev. Code § 79.125.060
First or second-class tidelands and shorelands—Appraisal—Record
In appraising tidelands or shorelands, the department shall appraise each lot, tract, or piece of land separately, and shall maintain a description of each lot, tract, or piece of first or second-class tidelands or shorelands, its full appraised value, the area and rate per acre at which it was appraised, and if any lo…
Wash. Rev. Code § 79.125.070
Tidelands and shorelands—Notice of filing plat and record of appraisal—Appeal
(1) The department shall, before filing in the department's Olympia office the plat and record of appraisal of any tidelands or shorelands platted and appraised by it, publish a notice once each week for four consecutive weeks in a newspaper published and of general circulation in the county where the lands covered by…
Wash. Rev. Code § 79.125.080
Tidelands and shorelands—Petition for replat—Replatting and reappraisal—Vacation by replat
Whenever all of the owners and other persons having a vested interest in those tidelands or shorelands embraced within any plat of tidelands or shorelands or within any portion of any plat in which there are unsold state-owned tidelands or shorelands, shall file a petition with the department accompanied by proof of se…
Wash. Rev. Code § 79.125.090
Tidelands and shorelands—Dedication of replat—All interests must join
If in the preparation of a replat provided for in RCW 79.125.080 by the department, it becomes desirable to appropriate any tidelands or shorelands previously sold for use as streets, alleys, waterways, or other public places, all persons interested in the title to the tidelands or shorelands desired for public places…
Wash. Rev. Code § 79.125.100
Tidelands and shorelands—Vacation procedure cumulative
RCW 79.125.080, 79.125.090, and 79.125.420 are intended to afford a method of procedure, in addition to other methods provided in this title for the vacation of streets, alleys, waterways, and other public places platted on tidelands or shorelands.
Wash. Rev. Code § 79.125.110
Tidelands and shorelands—Effect of replat
A replat of tidelands or shorelands platted shall be in full force and effect and shall constitute a vacation of streets, alleys, waterways, and other dedicated public places, when otherwise permitted by RCW 79.125.200, and the dedication of new streets, alleys, waterways, and other public places appearing upon the rep…
Wash. Rev. Code § 79.125.200
State-owned tidelands, shorelands, and waterways—Sold only to public entities—Leasing—Limitation
EXCHANGE, SALE, LEASE LIMITATIONS/TERMS (1) This section applies to:(a) First-class tidelands as defined in RCW 79.105.060;(b) Second-class tidelands as defined in RCW 79.105.060;(c) First-class shorelands as defined in RCW 79.105.060;(d) Second-class shorelands as defined in RCW 79.105.060, except as included within R…
Wash. Rev. Code § 79.125.210
Sale of second-class tidelands
All second-class tidelands shall be offered for sale, when otherwise permitted under RCW 79.125.200 to be sold, and sold in the same manner as state lands, other than capitol building lands, but for not less than five dollars per lineal chain, measured on the United States meander line bounding the inner shore limit of…
Wash. Rev. Code § 79.125.220
Second-class tidelands or shorelands—Lease for booming purposes
(1) The department is authorized to lease any second-class tidelands or shorelands, whether reserved from sale, or from lease for other purposes, by or under authority of law, or not, except any oyster reserve containing oysters in merchantable quantities, to any person, for booming purposes, for any term not exceeding…
Wash. Rev. Code § 79.125.230
Second-class tidelands or shorelands separated from uplands by navigable water—Sale
Second-class tidelands and shorelands that are separated from the upland by navigable waters shall be sold, when otherwise permitted under RCW 79.125.200 to be sold, but in no case at less than five dollars per acre. An applicant to purchase the tidelands or shorelands shall, at the applicant's own expense, survey and…
Wash. Rev. Code § 79.125.240
Sale procedure—Terms of payment—Deferred payments, rate of interest
All state-owned tidelands and shorelands, otherwise permitted under RCW 79.125.200 to be sold, shall be sold on the following terms: One-tenth to be paid on the date of sale; one-tenth to be paid one year from the date of the issuance of the contract of sale; and one-tenth annually thereafter until the full purchase pr…
Wash. Rev. Code § 79.125.250
Sale procedure—Certificate to governor of payment in full—Deed
When the entire purchase price of any state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, shall have been fully paid, the department shall certify the fact to the governor, and shall cause a deed signed by the governor and attested by the secretary of state, with the seal of the st…
Wash. Rev. Code § 79.125.260
Sale procedure—Reservation in contract
Each and every contract for the sale of, and each deed to, state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, shall contain the reservation contained in RCW 79.11.210.
Wash. Rev. Code § 79.125.270
Sale procedure—Form of contract—Forfeiture—Extension of time
The purchaser of state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, except in cases where the full purchase price is paid at the time of the purchase, shall enter into and sign a contract with the state to be signed by the commissioner on behalf of the state, with the seal of the…
Wash. Rev. Code § 79.125.280
Subdivision of leases—Fee
Whenever the holder of any contract to purchase any state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, or the holder of any lease of any lands, except for mining of valuable minerals, or coal, or extraction of petroleum or gas, shall surrender the contract or lease to the departme…
Wash. Rev. Code § 79.125.290
First-class tidelands and shorelands—Sale of remaining lands
Any first-class tidelands or shorelands remaining unsold, and where there is no pending application for purchase under claim of any preference right, when otherwise permitted under RCW 79.125.200 to be sold, shall be sold on the same terms and in the same manner as provided for the sale of state lands for not less than…
Wash. Rev. Code § 79.125.300
Tidelands or shorelands—Failure to re-lease tidelands or shorelands—Appraisal of improvements
(1) In case any lessee of tidelands or shorelands, for any purpose except mining of valuable minerals or coal, or extraction of petroleum or gas, or the lessee's successor in interest, shall after the expiration of any lease, fail to purchase, when otherwise permitted under RCW 79.125.200 to be purchased, or re-lease f…
Wash. Rev. Code § 79.125.310
Effect of mistake or fraud
Any sale or lease of state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, made by mistake, or not in accordance with law, or obtained by fraud or misrepresentation, shall be void, and the contract of purchase or lease, issued shall be of no effect, and the holder of the contract or…
Wash. Rev. Code § 79.125.400
First-class tidelands and shorelands—Lease—Preference right of upland owner—How exercised
SALE OR LEASING PREFERENCE (1) Upon platting and appraisal of first-class tidelands or shorelands as provided in this chapter, if the department deems it for the best public interest to offer the first-class tidelands or shorelands for lease, the department shall notify the owner of record of uplands fronting upon the…
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