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(continued)
[2000 c 11 § 31; 1982 c 156 § 4; 1965 c 8 § 43.51.160. Prior: 1929 c 83 § 4; RRS § 10946-4. Formerly RCW 43.51.160.]
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79A.05.160
Police powers vested in commission and employees.
The members of the state parks and recreation commission and such of its employees as the commission may designate shall be vested with police powers to enforce the laws of this state.
[1965 c 8 § 43.51.170. Prior: 1921 c 149 § 7; RRS § 10947. Formerly RCW 43.51.170.]
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79A.05.165
Penalties.
(1) Every person is guilty of a misdemeanor who:
(a) Cuts, breaks, injures, destroys, takes, or removes any tree, shrub, timber, plant, or natural object in any park or parkway except in accordance with such rules as the commission may prescribe; or
(b) Kills, or pursues with intent to kill, any bird or animal in any park or parkway; or
(c) Takes any fish from the waters of any park or parkway, except in conformity with such general rules as the commission may prescribe; or
(d) Willfully mutilates, injures, defaces, or destroys any guidepost, notice, tablet, fence, inclosure, or work for the protection or ornamentation of any park or parkway; or
(e) Lights any fire upon any park or parkway, except in such places as the commission has authorized, or willfully or carelessly permits any fire which he or she has lighted or which is under his or her charge, to spread or extend to or burn any of the shrubbery, trees, timber, ornaments, or improvements upon any park or parkway, or leaves any campfire which he or she has lighted or which has been left in his or her charge, unattended by a competent person, without extinguishing it; or
(f) Places within any park or parkway or affixes to any object therein contained, without a written license from the commission, any word, character, or device designed to advertise any business, profession, article, thing, exhibition, matter, or event.
(2)(a) Except as provided in (b) of this subsection, a person who violates any rule adopted, promulgated, or issued by the commission pursuant to the provisions of this chapter is guilty of a misdemeanor.
(b) The commission may specify by rule, when not inconsistent with applicable statutes, that violation of the rule is an infraction under chapter 7.84 RCW.
[2003 c 53 § 382; 1997 c 214 § 1; 1987 c 380 § 15; 1965 c 8 § 43.51.180. Prior: 1921 c 149 § 8; RRS § 10948. Formerly RCW 43.51.180.]
Notes: Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Effective date -- Severability -- 1987 c 380: See RCW 7.84.900 and 7.84.901.
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79A.05.170
Transfer of surplus land — Reversionary clause required — Release — Parkland acquisition account.
(1) Any lands owned by the state parks and recreation commission, which are determined to be surplus to the needs of the state for development for state park purposes and which the commission proposes to deed to a local government or other entity, shall be accompanied by a clause requiring that if the land is not used for outdoor recreation purposes, ownership of the land shall revert to the state parks and recreation commission.
(2) The state parks and recreation commission, in cases where land subject to such a reversionary clause is proposed for use or disposal for purposes other than recreation, shall require that, if the land is surplus to the needs of the commission for park purposes at the time the commission becomes aware of its proposed use for nonrecreation purposes, the holder of the land or property shall reimburse the commission for the release of the reversionary interest in the land. The reimbursement shall be in the amount of the fair market value of the reversionary interest as determined by a qualified appraiser agreeable to the commission. Appraisal costs shall be borne by the local entity which holds title to the land.
(3) Any funds generated under a reimbursement under this section shall be deposited in the parkland acquisition account which is hereby created in the state treasury. Moneys in this account are to be used solely for the purchase or acquisition of property for use as state park property by the commission, as directed by the legislature; all such funds shall be subject to legislative appropriation.
[1991 sp.s. c 13 § 23; 1985 c 57 § 33; 1984 c 87 § 1. Formerly RCW 43.51.200.]
Notes: Effective dates -- Severability -- 1991 sp.s. c 13: See notes following RCW 18.08.240.
Effective date -- 1985 c 57: See note following RCW 18.04.105.
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79A.05.175
Disposal of land not needed for park purposes.
Whenever the commission finds that any land under its control cannot advantageously be used for park purposes, it is authorized to dispose of such land by the method provided in this section or by the method provided in RCW 79A.05.170. If such lands are school or other grant lands, control thereof shall be relinquished by resolution of the commission to the proper state officials. If such lands were acquired under restrictive conveyances by which the state may hold them only so long as they are used for park purposes, they may be returned to the donor or grantors by the commission. All other such lands may be either sold by the commission to the highest bidder or exchanged for other lands of equal value by the commission, and all conveyance documents shall be executed by the governor. All such exchanges shall be accompanied by a transfer fee, to be set by the commission and paid by the other party to the transfer; such fee shall be paid into the parkland acquisition account established under RCW 79A.05.170. Sealed bids on all sales shall be solicited at least twenty days in advance of the sale date by an advertisement appearing at least once a week for two consecutive weeks in a newspaper of general circulation in the county in which the land to be sold is located. If the commission feels that no bid received adequately reflects the fair value of the land to be sold, it may reject all bids, and may call for new bids. All proceeds derived from the sale of such park property shall be paid into the park land acquisition account. All land considered for exchange shall be evaluated by the commission to determine its adaptability to park usage. The equal value of all lands exchanged shall first be determined by the appraisals to the satisfaction of the commission. No sale or exchange of state park lands shall be made without the unanimous consent of the commission.
[1999 c 249 § 601; 1998 c 42 § 1; 1984 c 87 § 2; 1971 ex.s. c 246 § 1; 1969 c 99 § 3; 1965 c 8 § 43.51.210. Prior: 1953 c 64 § 1; 1947 c 261 § 1; RRS § 10951a. Formerly RCW 43.51.210.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
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79A.05.178
Real property disposal — Disputed land — Manner — Notice and hearing — Suit for noncompliance.
(1) Notwithstanding any other provision of this chapter, the commission may directly dispose of up to ten contiguous acres of real property, without public auction, to resolve trespass, property ownership disputes, and boundary adjustments with adjacent private property owners. Real property to be disposed of under this section may be disposed of only after appraisal and for at least fair market value, and only if the transaction is in the best interest of the state. The commission shall cooperate with potential purchasers to arrive at a mutually agreeable sales price. If necessary, determination of fair market value may include the use of separate independent appraisals by each party and the review of the appraisals, as agreed upon by the parties. All conveyance documents shall be executed by the governor. All proceeds from the disposal of the property shall be paid into the park land acquisition account. No disposal of real property may be made without the unanimous consent of the commission.
(2) Prior to the disposal of any real property under subsection (1) of this section, the commission shall hold a public hearing on the proposal in the county where the real property, or the greatest portion of the real property, is located. At least ten days, but not more than twenty-five days, prior to the hearing, the commission shall publish a paid public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the real property is located. A news release concerning the public hearing must be disseminated among print and electronic media in the area where the real property is located. The public notice and news release shall also identify the real property involved in the proposed disposal and describe the purpose of the proposed disposal. A summary of the testimony presented at the public hearing shall be prepared for the commission's consideration when reviewing the proposed disposal of real property.
(3) If there is a failure to substantially comply with the procedures set out under this section, then the agreement to dispose of the real property is subject to being declared invalid by a court of competent jurisdiction. Such a suit must be brought within one year of the date of the real property disposal agreement.
[2000 c 42 § 1.]
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79A.05.180
Exchange of state land by commission — Public notice — News release — Hearing — Procedure.
Before the director of parks and recreation presents a proposed exchange to the parks and recreation commission involving an exchange of state land pursuant to this chapter, the director shall hold a public hearing on the proposal in the county where the state lands or the greatest proportion thereof is located. Ten days but not more than twenty-five days prior to such hearing, the director shall publish a paid public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the state owned land is located. A news release pertaining to the hearing shall be disseminated among printed and electronic media in the area where the state land is located. The public notice and news release also shall identify lands involved in the proposed exchange and describe the purposes of the exchange and proposed use of the lands involved. A summary of the testimony presented at the hearings shall be prepared for the commission's consideration when reviewing the director's exchange proposal. If there is a failure to substantially comply with the procedures set forth in this section, then the exchange agreement shall be subject to being declared invalid by a court. Any such suit must be brought within one year from the date of the exchange agreement.
[1998 c 42 § 2; 1975 1st ex.s. c 107 § 1. Formerly RCW 43.51.215.]
Notes:Exchange of land under control of department of natural resources, procedure: RCW 79.17.050.
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79A.05.185
Small boat facilities for Puget Sound authorized.
To encourage the development of the Puget Sound country as a recreational boating area, the commission is authorized to establish landing, launch ramp, and other facilities for small pleasure boats at places on Puget Sound frequented by such boats and where the commission shall find such facilities will be of greatest advantage to the users of pleasure boats. The commission is authorized to acquire land or to make use of lands belonging to the state for such purposes, and to construct the necessary floats, launch ramp, and other desirable structures and to make such further development of any area used in connection therewith as in the judgment of the commission is best calculated to facilitate the public enjoyment thereof.
[1999 c 249 § 904; 1965 c 8 § 43.51.220. Prior: 1949 c 154 § 1; RRS § 10768-4d. Formerly RCW 43.51.220.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
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79A.05.190
Recreational metal detectors — Available land.
(1) By September 1, 1997, the commission shall increase the area available for use by recreational metal detectors by at least two hundred acres.
(2) Beginning September 1, 1998, and each year thereafter until August 31, 2003, the commission shall increase the area of land available for use by recreational metal detectors by at least fifty acres.
[1997 c 150 § 2. Formerly RCW 43.51.235.]
Notes: Intent -- 1997 c 150: "It is the intent of the legislature that those significant historic archaeological resources on state park lands that are of importance to the history of our state, or its communities, be protected for the people of the state. At the same time, the legislature also recognizes that the recreational use of metal detectors in state parks is a legitimate form of recreation that can be compatible with the protection of significant historic archaeological resources." [1997 c 150 § 1.]
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79A.05.195
Identification of historic archaeological resources in state parks — Plan — Availability of land for use by recreational metal detectors.
(1) The commission shall develop a cost-effective plan to identify historic archaeological resources in at least one state park containing a military fort located in Puget Sound. The plan shall include the use of a professional archaeologist and volunteer citizens.
(2) Any park land that is made available for use by recreational metal detectors under this section shall count toward the requirements established in RCW 79A.05.190.
[1999 c 249 § 905; 1997 c 150 § 3. Formerly RCW 43.51.237.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
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79A.05.200
Certain tidelands transferred to commission.
The powers, functions, and duties heretofore exercised by the department of fish and wildlife, or its director, respecting the management, control, and operation of the following enumerated tidelands, which are presently suitable for public recreational use, are hereby transferred to the parks and recreation commission which shall also have respecting such tidelands all the powers conferred by this chapter, as now or hereafter amended, respecting parks and parkways:
Parcel No. 1. (Toandos Peninsula) The tidelands of the second class, owned by the state of Washington, situate in front of, adjacent to, or abutting upon lots 1, 2, and 3, section 5, lots 1, 2, and 3, section 4, and lot 1, section 3, all in township 25 north, range 1 west, W.M., with a frontage of 158.41 lineal chains, more or less.
Parcel No. 2. (Shine) The tidelands of the second class, owned by the state of Washington, situate in front of, adjacent to, or abutting upon lots 1, 2, 3 and that portion of lot 4 lying north of the south 8.35 chains thereof as measured along the government meander line, all in section 35, township 28 north, range 1 east, W.M., with a frontage of 76.70 lineal chains, more or less.
Subject to an easement for right of way for county road granted to Jefferson county December 8, 1941 under application No. 1731, records of department of public lands.
Parcel No. 3. (Mud Bay - Lopez Island) The tidelands of the second class, owned by the state of Washington situate in front of, adjacent to, or abutting upon lots 5, 6 and 7, section 18, lot 5, section 7 and lots 3, 4, and 5, section 8, all in township 34 north, range 1 west, W.M., with a frontage of 172.11 lineal chains, more or less.
Excepting, however, any tideland of the second class in front of said lot 3, section 8 conveyed through deeds issued April 14, 1909 pursuant to the provisions of chapter 24, Laws of 1895 under application No. 4985, records of department of public lands.
Parcel No. 4. (Spencer Spit) The tidelands of the second class, owned by the state of Washington, situate in front of, adjacent to, or abutting upon lots 1, 3, and 4, section 7, and lot 5, section 18 all in township 35 north, range 1 west, W.M., with a frontage of 118.80 lineal chains, more or less.
Parcel No. 5. (Lilliwaup) The tidelands of the second class, owned by the state of Washington, lying easterly of the east line of vacated state oyster reserve plat No. 133 produced southerly and situate in front of, adjacent to or abutting upon lot 9, section 30, lot 8, section 19 and lot 5 and the south 20 acres of lot 4, section 20, all in township 23 north, range 3 west, W.M., with a frontage of 62.46 lineal chains, more or less.
[2000 c 11 § 32; 1967 ex.s. c 96 § 1. Formerly RCW 43.51.240.]
Notes: Severability -- 1967 ex.s. c 96: "If any provision of this 1967 act, or its application to any person or circumstance is held invalid, the remainder of this 1967 act, or the application of the provision to other persons or circumstances is not affected." [1967 ex.s. c 96 § 3.]
Certain tidelands reserved for recreational use: RCW 79.125.740.
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79A.05.205
Certain tidelands transferred to commission — Access to and from tidelands.
The state parks and recreation commission may take appropriate action to provide public and private access, including roads and docks, to and from the tidelands described in RCW 79A.05.200.
[2000 c 11 § 33; 1967 ex.s. c 96 § 2. Formerly RCW 43.51.250.]
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79A.05.210
Sale of state trust lands — Terms and conditions.
(1) The department of natural resources and the commission shall have authority to negotiate sales to the commission, for park and outdoor recreation purposes, of trust lands at fair market value.
(2) The department of natural resources and the commission shall negotiate a sale to the commission of the lands and timber thereon identified in the joint study under section 4, chapter 163, Laws of 1985, and commonly referred to as the Point Lawrence trust property, San Juan county ? on the extreme east point of Orcas Island. Timber conservation and management practices provided for in RCW 79A.05.035 and 79A.05.305 shall govern the management of land and timber transferred under this subsection as of the effective date of the transfer, upon payment for the property, and nothing in this chapter shall be construed as restricting or otherwise modifying the department of natural resources' management, control, or use of such land and timber until such date.
[1999 c 249 § 906; 1995 c 211 § 4; 1992 c 185 § 1; 1988 c 79 § 1; 1987 c 466 § 1; 1985 c 163 § 1; 1981 c 271 § 1; 1980 c 4 § 1; 1971 ex.s. c 210 § 1. Formerly RCW 43.51.270.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
Findings -- Intent -- Effective date -- Severability -- 1995 c 211: See notes following RCW 79A.05.070.
Withdrawal of state trust lands for park and recreational purpose: RCW 79A.50.080 through 79A.50.100.
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79A.05.215
State parks renewal and stewardship account.
The state parks renewal and stewardship account is created in the state treasury. Except as otherwise provided in this chapter, all receipts from user fees, concessions, leases, and other state park-based activities shall be deposited into the account. Expenditures from the account may be used for operating state parks, developing and renovating park facilities, undertaking deferred maintenance, enhancing park stewardship, and other state park purposes. Expenditures from the account may be made only after appropriation by the legislature.
[1995 c 211 § 7. Formerly RCW 43.51.275.]
Notes: Findings -- Intent -- Effective date -- Severability -- 1995 c 211: See notes following RCW 79A.05.070.
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79A.05.220
Trust lands — Periodic review to identify parcels appropriate for transfer to commission.
The parks and recreation commission and the department of natural resources may periodically conduct a joint review of trust lands managed by the department to identify those parcels which may be appropriate for transfer to the commission for public recreation purposes.
[1987 c 466 § 3. Formerly RCW 43.51.285.]
Notes:Escheat land suitable for park purposes: RCW 79.10.030.
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79A.05.225
Winter recreational facilities — Commission duties — Liability.
In addition to its other powers, duties, and functions the commission may:
(1) Plan, construct, and maintain suitable facilities for winter recreational activities on lands administered or acquired by the commission or as authorized on lands administered by other public agencies or private landowners by agreement;
(2) Provide and issue upon payment of the proper fee, under RCW 79A.05.230, 79A.05.240, and 46.61.585, with the assistance of such authorized agents as may be necessary for the convenience of the public, special permits to park in designated winter recreational area parking spaces;
(3) Administer the snow removal operations for all designated winter recreational area parking spaces; and
(4) Compile, publish, and distribute maps indicating such parking spaces, adjacent trails, and areas and facilities suitable for winter recreational activities.
The commission may contract with any public or private agency for the actual conduct of such duties, but shall remain responsible for the proper administration thereof. The commission is not liable for unintentional injuries to users of lands administered for winter recreation purposes under this section or under RCW 46.10.210, whether the lands are administered by the commission, by other public agencies, or by private landowners through agreement with the commission. Nothing in this section prevents the liability of the commission for injuries sustained by a user by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted. A road covered with snow and groomed for the purposes of winter recreation consistent with this chapter and chapter 46.10 RCW shall not be presumed to be a known dangerous artificial latent condition for the purposes of this chapter.
[1999 c 249 § 1401. Prior: 1990 c 136 § 2; 1990 c 49 § 2; 1982 c 11 § 1; 1975 1st ex.s. c 209 § 1. Formerly RCW 43.51.290.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
Severability -- 1975 1st ex.s. c 209: "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 of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 209 § 9.]
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79A.05.230
Winter recreational area parking permits — Fee — Expiration.
The fee for the issuance of special winter recreational area parking permits shall be determined by the commission after consultation with the winter recreation advisory committee. If the person making application therefor is also the owner of a snowmobile registered pursuant to chapter 46.10 RCW, there shall be no fee for the issuance of an annual permit. All special winter recreational area parking permits shall commence and expire on the dates established by the commission.
[1990 c 49 § 3; 1986 c 47 § 1; 1982 c 11 § 2; 1975 1st ex.s. c 209 § 2. Formerly RCW 43.51.300.]
Notes: Severability -- 1975 1st ex.s. c 209: See note following RCW 79A.05.225.
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79A.05.235
Winter recreational program account — Deposit of parking permit fees — Winter recreation programs by public and private agencies.
There is hereby created the winter recreational program account in the state treasury. Special winter recreational area parking permit fees collected under this chapter shall be remitted to the state treasurer to be deposited in the winter recreational program account and shall be appropriated only to the commission for nonsnowmobile winter recreation purposes including the administration, acquisition, development, operation, planning, and maintenance of winter recreation facilities and the development and implementation of winter recreation, safety, enforcement, and education programs. The commission may accept gifts, grants, donations, or moneys from any source for deposit in the winter recreational program account.
Any public agency in this state may develop and implement winter recreation programs. The commission may make grants to public agencies and contract with any public or private agency or person to develop and implement winter recreation programs.
[1991 sp.s. c 13 § 6; 1985 c 57 § 35; 1982 c 11 § 3; 1975 1st ex.s. c 209 § 3. Formerly RCW 43.51.310.]
Notes: Effective dates -- Severability -- 1991 sp.s. c 13: See notes following RCW 18.08.240.
Effective date -- 1985 c 57: See note following RCW 18.04.105.
Severability -- 1975 1st ex.s. c 209: See note following RCW 79A.05.225.
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79A.05.240
Winter recreational parking areas — Restriction of overnight parking.
The commission may, after consultation with the winter recreation advisory committee, adopt rules and regulations prohibiting or restricting overnight parking at any special state winter recreational parking areas owned or administered by it. Where such special state winter recreational parking areas are administered by the commission pursuant to an agreement with other public agencies, such agreement may provide for prohibition or restriction of overnight parking.
[1982 c 11 § 4; 1975 1st ex.s. c 209 § 4. Formerly RCW 43.51.320.]
Notes: Severability -- 1975 1st ex.s. c 209: See note following RCW 79A.05.225.
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79A.05.245
Penalty for violation of RCW 79A.05.240 or 46.61.585.
See RCW 46.61.587.
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79A.05.250
Winter recreational parking areas — Rules.
The commission may adopt such rules as are necessary to implement and enforce RCW 79A.05.225 through 79A.05.240 and 46.61.585 after consultation with the winter recreation advisory committee.
[2000 c 11 § 34; 1982 c 11 § 5; 1975 1st ex.s. c 209 § 7. Formerly RCW 43.51.330.]
Notes: Severability -- 1975 1st ex.s. c 209: See note following RCW 79A.05.225.
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79A.05.255
Winter recreation advisory committee — Generally.
(1) There is created a winter recreation advisory committee to advise the parks and recreation commission in the administration of this chapter and to assist and advise the commission in the development of winter recreation facilities and programs.
(2) The committee shall consist of:
(a) Six representatives of the nonsnowmobiling winter recreation public appointed by the commission, including a resident of each of the six geographical areas of this state where nonsnowmobiling winter recreation activity occurs, as defined by the commission.
(b) Three representatives of the snowmobiling public appointed by the commission.
(c) One representative of the department of natural resources, one representative of the department of fish and wildlife, and one representative of the Washington state association of counties, each of whom shall be appointed by the director of the particular department or association.
(3) The terms of the members appointed under subsection (2)(a) and (b) of this section shall begin on October 1st of the year of appointment and shall be for three years or until a successor is appointed, except in the case of appointments to fill vacancies for the remainder of the unexpired term: PROVIDED, That the first of these members shall be appointed for terms as follows: Three members shall be appointed for one year, three members shall be appointed for two years, and three members shall be appointed for three years.
(4) Members of the committee shall be reimbursed from the winter recreational program account created by RCW 79A.05.235 for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) The committee shall meet at times and places it determines not less than twice each year and additionally as required by the committee chair or by majority vote of the committee. The chair of the committee shall be chosen under procedures adopted by the committee. The committee shall adopt any other procedures necessary to govern its proceedings.
(6) The director of parks and recreation or the director's designee shall serve as secretary to the committee and shall be a nonvoting member.
[2000 c 48 § 1; 2000 c 11 § 35; 1994 c 264 § 19; 1990 c 49 § 1; 1989 c 175 § 107; 1988 c 36 § 16; 1987 c 330 § 1101; 1986 c 47 § 2; 1982 c 11 § 6; 1975 1st ex.s. c 209 § 8. Formerly RCW 43.51.340.]
Notes: Reviser's note: This section was amended by 2000 c 11 § 35 and by 2000 c 48 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date -- 1989 c 175: See note following RCW 34.05.010.
Construction -- Application of rules -- Severability -- 1987 c 330: See notes following RCW 28B.12.050.
Severability -- 1975 1st ex.s. c 209: See note following RCW 79A.05.225.
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79A.05.260
Sun Lakes state park — "Vic Meyers Golf Course" designation — "Vic Meyers Lake" designation.
The legislature hereby names the golf course located at Sun Lakes State Park the "Vic Meyers Golf Course", and Rainbow Lake shall be re-named "Vic Meyers Lake". The state shall provide and install a proper marker in a suitable location in the main activity area of the park which will set forth the key role Victor Aloysius Meyers had in the development of Sun Lakes State Park and the important part he had for many years in the political and governmental history of the state. In addition, the name hereby established for the golf course shall be prominently displayed at the golf course club house.
The legislature finds it appropriate to so honor Victor Aloysius Meyers for his long and dedicated service to the people of this state.
[1977 ex.s. c 266 § 1. Formerly RCW 43.51.350.]
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79A.05.265
Hostels — Legislative declaration of intent.
The legislature finds that there is a need for hostels in the state for the safety and welfare of transient persons with limited resources. It is the intent of RCW 79A.05.265 through 79A.05.275 that such facilities be established using locally donated structures. It is the further intent of RCW 79A.05.265 through 79A.05.275 that the state dispense any available federal or other moneys for such related projects and provide assistance where possible.
[2000 c 11 § 36; 1977 ex.s. c 281 § 1. Formerly RCW 43.51.360.]
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79A.05.270
"Hostel" defined.
For purposes of *this chapter, "hostel" means a simple basic structure that serves as a safe, low-cost accommodation for mobile people of all ages from this country and abroad.
[1977 ex.s. c 281 § 2. Formerly RCW 43.51.365.]
Notes: *Reviser's note: "This chapter" apparently refers to RCW 43.51.360 through 43.51.375; which were subsequently recodified as RCW 79A.05.265 through 79A.05.280 pursuant to 1999 c 249 § 1601.
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79A.05.275
Hostels — Authority of political subdivisions to establish.
Any political subdivision of the state is authorized to establish hostels within its jurisdiction. The facilities and services shall include, but not be limited to:
(1) Short term sleeping accommodations including adequate restroom and bathing facilities; and
(2) Information and referral services, including, but not limited to availability of employment and health services.
Details of operations and regulations, including the establishment of appropriate fees to recover actual operating and maintenance costs, shall be within the discretion of the operating authority: PROVIDED, That the consumption of alcoholic beverages or the possession or use of a controlled substance in violation of chapter 69.50 RCW shall be prohibited.
[1977 ex.s. c 281 § 3. Formerly RCW 43.51.370.]
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79A.05.280
Hostels — Commission authorized to accept grants or moneys for the support thereof — Rules required.
The parks and recreation commission is authorized to accept grants or moneys from any federal or private source for support of hostels. The commission at its discretion is directed to apportion and transfer any such moneys to contracting agencies or political subdivisions which operate hostels: PROVIDED, That the commission shall establish rules and regulations for the operation of hostels which are substantially similar to the operating standards and customs established by the American Youth Hostels Incorporated.
[1977 ex.s. c 281 § 4. Formerly RCW 43.51.375.]
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79A.05.285
Land evaluation, acquisition.
The commission is authorized to evaluate and acquire land under *RCW 79.01.612 in cooperation with the department of natural resources.
[1999 c 249 § 907.]
Notes: *Reviser's note: RCW 79.01.612 was recodified as RCW 79.10.030 pursuant to 2003 c 334 § 555.
Severability -- 1999 c 249: See note following RCW 79A.05.010.
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79A.05.290
Acquisition of land held by department of natural resources.
The commission may select land held by the department of natural resources for acquisition under RCW 79A.50.010 et seq.
[1999 c 249 § 908.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
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79A.05.300
Establishment of urban area state parks by parks and recreation commission.
For the reasons specified in RCW 79A.25.250, the state parks and recreation commission shall place a high priority on the establishment of urban area state parks and shall revise its plan for future state parks to achieve this priority. This section shall be implemented by January 1, 1981.
[2000 c 11 § 37; 1980 c 89 § 4. Formerly RCW 43.51.385.]
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79A.05.305
Declaration of policy — Lands for public park purposes.
The legislature declares that it is the continuing policy of the state of Washington to set aside and manage certain lands within the state for public park purposes. To comply with public park purposes, these lands shall be acquired and managed to:
(1) Maintain and enhance ecological, aesthetic, and recreational purposes;
(2) Preserve and maintain mature and old-growth forests containing trees of over ninety years and other unusual ecosystems as natural forests or natural areas, which may also be used for interpretive purposes;
(3) Protect cultural and historical resources, locations, and artifacts, which may also be used for interpretive purposes;
(4) Provide a variety of recreational opportunities to the public, including but not limited to use of developed recreation areas, trails, and natural areas;
(5) Preserve and maintain habitat which will protect and promote endangered, threatened, and sensitive plants, and endangered, threatened, and sensitive animal species; and
(6) Encourage public participation in the formulation and implementation of park policies and programs.
[1984 c 82 § 2. Formerly RCW 43.51.395.]
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79A.05.310
Powers and duties — Program of boating safety education — Casualty and accident reporting program.
The state parks and recreation commission shall:
(1) Coordinate a statewide program of boating safety education using to the maximum extent possible existing programs offered by the United States power squadron and the United States coast guard auxiliary;
(2) Adopt rules in accordance with chapter 34.05 RCW, consistent with United States coast guard regulations, standards, and precedents, as needed for the efficient administration and enforcement of this section;
(3) Enter into agreements aiding the administration of this chapter;
(4) Adopt and administer a casualty and accident reporting program consistent with United States coast guard regulations;
(5) Adopt and enforce recreational boating safety rules, including but not necessarily limited to equipment and navigating requirements, consistent with United States coast guard regulations;
(6) Coordinate with local and state agencies the development of biennial plans and programs for the enhancement of boating safety, safety education, and enforcement of safety rules and laws; allocate money appropriated to the commission for these programs as necessary; and accept and administer any public or private grants or federal funds which are obtained for these purposes under chapter 43.88 RCW; and
(7) Take additional actions necessary to gain acceptance of a program of boating safety for this state under the federal boating safety act of 1971.
[1998 c 245 § 66; 1994 c 151 § 3; 1984 c 183 § 4; 1983 2nd ex.s. c 3 § 52. Formerly RCW 43.51.400.]
Notes:Penalties for violations: RCW 88.02.110.
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79A.05.315
Milwaukee Road corridor — Transfer of management control to commission. (Contingent expiration date.)
Except as provided in RCW 79A.05.120 and 79A.05.125, management control of the portion of the Milwaukee Road corridor, beginning at the western terminus near Easton and concluding at the west end of the bridge structure over the Columbia river, which point is located in section 34, township 16 north, range 23 east, W.M., inclusive of the northerly spur line therefrom, shall be transferred by the department of natural resources to the state parks and recreation commission at no cost to the commission.
[2000 c 11 § 38; 1996 c 129 § 7; 1989 c 129 § 1; 1984 c 174 § 2. Formerly RCW 43.51.405.]
Notes: Contingent expiration date -- 1996 c 129 §§ 7 and 8: "Sections 7 and 8, chapter 129, Laws of 1996 expire July 1, 2006, if the department of transportation does not enter into a franchise agreement for a rail line over portions of the Milwaukee Road corridor by July 1, 2006." [1999 c 301 § 5; 1996 c 129 § 11.]
Intent -- Effective date -- Severability -- 1996 c 129: See notes following RCW 79A.05.115.
Construction -- 1989 c 129: "Nothing in this act shall be construed to affect any existing or reversionary interests in the real property lying within the Milwaukee Road corridor." [1989 c 129 § 4.]
Purpose -- 1984 c 174: "The purpose of RCW 43.51.405 through 43.51.411 and 79.08.275 through 79.08.283 is to set forth the state's policy regarding the approximately two hundred thirteen-mile corridor of land purchased by the state from the Milwaukee Railroad Company under section 17(21), chapter 143, Laws of 1981." [1984 c 174 § 1.]
RCW 79A.05
Milwaukee Road corridor — Transfer of management control to commission. (Contingent effective date.)
Management control of the portion of the Milwaukee Road corridor, beginning at the western terminus near Easton and concluding at the west end of the bridge structure over the Columbia river, which point is located in section 34, township 16 north, range 23 east, W.M., inclusive of the northerly spur line therefrom, shall be transferred by the department of natural resources to the state parks and recreation commission at no cost to the commission.
[1989 c 129 § 1; 1984 c 174 § 2. Formerly RCW 43.51.405.]
Notes: Construction -- 1989 c 129: "Nothing in this act shall be construed to affect any existing or reversionary interests in the real property lying within the Milwaukee Road corridor." [1989 c 129 § 4.]
Purpose -- 1984 c 174: "The purpose of RCW 43.51.405 through 43.51.411 and 79.08.275 through 79.08.283 is to set forth the state's policy regarding the approximately two hundred thirteen-mile corridor of land purchased by the state from the Milwaukee Railroad Company under section 17(21), chapter 143, Laws of 1981." [1984 c 174 § 1.]
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79A.05.320
Milwaukee Road corridor — Duties.
The state parks and recreation commission shall do the following with respect to the portion of the Milwaukee Road corridor under its control:
(1) Manage the corridor as a recreational trail except when closed under RCW 79A.05.325;
(2) Close the corridor to hunting;
(3) Close the corridor to all motorized vehicles except: (a) Emergency or law enforcement vehicles; (b) vehicles necessary for access to utility lines; and (c) vehicles necessary for maintenance of the corridor, or construction of the trail;
(4) Comply with legally enforceable conditions contained in the deeds for the corridor;
(5) Control weeds under the applicable provisions of chapters 17.04, 17.06, and 17.10 RCW; and
(6) Clean and maintain culverts.
[2000 c 11 § 39; 1987 c 438 § 39; 1984 c 174 § 3. Formerly RCW 43.51.407.]
Notes: Purpose -- 1984 c 174: See note following RCW 79A.05.315.
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79A.05.325
Milwaukee Road corridor — Additional duties.
The state parks and recreation commission may do the following with respect to the portion of the Milwaukee Road corridor under its control:
(1) Enter into agreements to allow the realignment or modification of public roads, farm crossings, water conveyance facilities, and other utility crossings;
(2) Regulate activities and restrict uses, including, but not limited to, closing portions of the corridor to reduce fire danger or protect public safety;
(3) Place hazard warning signs and close hazardous structures;
(4) Renegotiate deed restrictions upon agreement with affected parties; and
(5) Approve and process the sale or exchange of lands or easements if such a sale or exchange will not adversely affect the recreational potential of the corridor; and
(6) Manage the portion of the Milwaukee Road corridor lying between the eastern corporate limits of the city of Kittitas and the eastern end of the corridor under commission control for recreational access limited to holders of permits issued by the commission. The commission shall, for the purpose of issuing permits for corridor use, adopt rules necessary for the orderly and safe use of the corridor and the protection of adjoining landowners, which may include restrictions on the total numbers of permits issued, numbers in a permitted group, and periods during which the corridor is available for permitted users. The commission may increase recreational management of this portion of the corridor and eliminate the permit system as it determines in its discretion based upon available funding and other resources.
[1989 c 129 § 3; 1984 c 174 § 4. Formerly RCW 43.51.409.]
Notes: Construction -- 1989 c 129: See note following RCW 79A.05.315.
Purpose -- 1984 c 174: See note following RCW 79A.05.315.
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79A.05.330
Recreation trail on Milwaukee Road corridor.
The state parks and recreation commission shall identify opportunities and encourage volunteer work, private contributions, and support from tax-exempt foundations to develop, operate, and maintain the recreation trail on the portion of the Milwaukee Road under its control.
[1984 c 174 § 5. Formerly RCW 43.51.411.]
Notes: Purpose -- 1984 c 174: See note following RCW 79A.05.315.
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79A.05.335
Environmental interpretation — Authority of commission.
The legislature finds that the lands owned and managed by the state parks and recreation commission are a significant collection of valuable natural, historical, and cultural resources for the citizens of Washington state. The legislature further finds that if citizens understand and appreciate the state park ecological resources, they will come to appreciate and understand the ecosystems and natural resources throughout the state. Therefore, the state parks and recreation commission may increase the use of its facilities and resources to provide environmental interpretation throughout the state parks system.
[1991 c 107 § 1. Formerly RCW 43.51.415.]
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79A.05.340
Environmental interpretation — Scope of activities.
The state parks and recreation commission may provide environmental interpretative activities for visitors to state parks that:
(1) Explain the functions, history, and cultural aspects of ecosystems;
(2) Explain the relationship between human needs, human behaviors and attitudes, and the environment; and
(3) Offer experiences and information to increase citizen appreciation and stewardship of the environment and its multiple uses.
[1991 c 107 § 2. Formerly RCW 43.51.417.]
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79A.05.345
Environmental interpretation — Assistance from other organizations.
The state parks and recreation commission may consult and enter into agreements with and solicit assistance from private sector organizations and other governmental agencies that are interested in conserving and interpreting Washington's environment. The commission shall not permit commercial advertising in state park lands or interpretive centers as a condition of such agreements. Logos or credit lines for sponsoring organizations may be permitted. The commission shall maintain an accounting of all monetary gifts provided, and expenditures of monetary gifts shall not be used to increase personnel.
[1991 c 107 § 3. Formerly RCW 43.51.419.]
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79A.05.355
Underwater parks — Lead agency.
The state parks and recreation commission shall act as the lead agency for the establishment of underwater parks in state waters and for environmental reviews of projects necessary to establish underwater parks. The commission may enter into interagency agreements to facilitate timely receipt of necessary permits from other state agencies and local governments.
[1993 c 267 § 1. Formerly RCW 43.51.430.]
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79A.05.360
Underwater parks — Authority to establish — Powers and duties.
The commission may establish a system of underwater parks to provide for diverse recreational diving opportunities and to conserve and protect unique marine resources of the state of Washington. In establishing and maintaining an underwater park system, the commission may:
(1) Plan, construct, and maintain underwater parks;
(2) Acquire property and enter management agreements with other units of state government for the management of lands, tidelands, and bedlands as underwater parks;
(3) Construct artificial reefs and other underwater features to enhance marine life and recreational uses of an underwater park;
(4) Accept gifts and donations for the benefit of underwater parks;
(5) Facilitate private efforts to construct artificial reefs and underwater parks;
(6) Work with the federal government, local governments and other appropriate agencies of state government, including but not limited to: The department of natural resources, the department of fish and wildlife and the natural heritage council to carry out the purposes of this chapter; and
(7) Contract with other state agencies or local governments for the management of an underwater park unit.
[1999 c 249 § 1301; 1994 c 264 § 20; 1993 c 267 § 2. Formerly RCW 43.51.432.]
Notes:Severability -- 1999 c 249: See note following RCW 79A.05.010. (continued)