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79A.05.370
Underwater parks — Diverse recreational opportunity.
In establishing an underwater park system, the commission shall seek to create diverse recreational opportunities in areas throughout Washington state. The commission shall place a high priority upon creating units that possess unique or diverse marine life or underwater natural or artificial features such as shipwrecks.
[1993 c 267 § 4. Formerly RCW 43.51.436.]
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79A.05.375
Underwater parks — Liability.
The commission is not liable for unintentional injuries to users of underwater parks, whether the facilities are administered by the commission or by another entity or person. However, 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.
[1993 c 267 § 5. Formerly RCW 43.51.438.]
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79A.05.380
Water trail recreation program — Created.
The legislature recognizes the increase in water-oriented recreation by users of human and wind-powered, beachable vessels such as kayaks, canoes, or day sailors on Washington's waters. These recreationists frequently require overnight camping facilities along the shores of public or private beaches. The legislature now creates a water trail recreation program, to be administered by the Washington state parks and recreation commission. The legislature recognizes that the effort to develop water trail sites is a continuing need and that the commission provides beneficial expertise and consultation to water trail user groups, agencies, and private landowners for the existing Cascadia marine trail and Willapa Bay water trail.
[2003 c 338 § 1; 1993 c 182 § 1. Formerly RCW 43.51.440.]
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79A.05.385
Water trail recreation program — Powers and duties.
In addition to its other powers, duties, and functions, the commission may:
(1) Plan, construct, and maintain suitable facilities for water trail activities on lands administered or acquired by the commission or as authorized on lands administered by tribes or other public agencies or private landowners by agreement.
(2) Compile, publish, distribute, and charge a fee for maps or other forms of public information indicating areas and facilities suitable for water trail activities.
(3) Contract with a public agency, private entity, or person for the actual conduct of these duties.
(4) Work with individuals or organizations who wish to volunteer their time to support the water trail recreation program.
(5) Provide expertise and consultation to individuals, agencies, and organizations in the continued development of water trail sites in this state.
[2003 c 338 § 2; 2003 c 126 § 601; 1993 c 182 § 2. Formerly RCW 43.51.442.]
Notes: Reviser's note: This section was amended by 2003 c 126 § 601 and by 2003 c 338 § 2, 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).
Part headings not law -- 2003 c 126: "Part headings used in this act are not any part of the law." [2003 c 126 § 1001.]
Effective date -- 2003 c 126: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003." [2003 c 126 § 1003.]
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79A.05.390
Water trail recreation program — Grants.
The commission may make water trail program grants to public agencies or tribal governments and may contract with any public agency, tribal government, entity, or person to develop and implement water trail programs.
[1993 c 182 § 3. Formerly RCW 43.51.444.]
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79A.05.395
Water trail recreation program — Liability.
The commission is not liable for unintentional injuries to users of facilities administered for water trail purposes under this chapter, whether the facilities are administered by the commission or by any other entity or person. However, 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.
[1993 c 182 § 4. Formerly RCW 43.51.446.]
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79A.05.400
Water trail recreation program — Permits.
Notes: Reviser's note: RCW 79A.05.400 was amended by 2003 c 126 § 602 without reference to its repeal by 2003 c 338 § 5. It has been decodified for publication purposes under RCW 1.12.025.
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79A.05.410
Water trail recreation program — Rules.
The commission may adopt rules to administer the water trail program and facilities on areas owned or administered by the commission. Where water trail facilities administered by other public or private entities are incorporated into the water trail system, the rules adopted by those entities shall prevail. The commission is not responsible or liable for enforcement of these alternative rules.
[2003 c 338 § 3; 2003 c 126 § 603; 1993 c 182 § 7. Formerly RCW 43.51.452.]
Notes: Part headings not law -- Effective date -- 2003 c 126: See notes following RCW 79A.05.385.
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79A.05.415
Water trail recreation program — Violation.
Violation of the provisions of the commission's rules governing the use of water trail facilities and property shall constitute a civil infraction, punishable as provided under chapter 7.84 RCW.
[1993 c 182 § 8. Formerly RCW 43.51.454.]
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79A.05.425
Water trail recreation program — Disposition of funds.
Any unspent balance of funds in the water trail program account created in *RCW 79A.05.405 as of June 30, 2003, must be transferred to the state parks renewal and stewardship account created in RCW 79A.05.215. All receipts from sales of materials under RCW 79A.05.385 and all monetary civil penalties collected under RCW 79A.05.415 must be deposited in the state parks renewal and stewardship account. Any gifts, grants, donations, or moneys from any source received by the commission for the water trail program must also be deposited in the state parks renewal and stewardship account. Funds transferred or deposited into the state parks renewal and stewardship account under this section must be used solely for water trail program purposes.
[2003 c 338 § 4.]
Notes: *Reviser's note: RCW 79A.05.405 was repealed by 2003 c 338 § 5.
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79A.05.500
Declaration of purpose.
The purpose of RCW 79A.05.500 through 79A.05.530 is to provide: (1) The opportunity for healthful employment of youths in programs of conservation, developing, improving, and maintaining natural and artificial recreational areas for the welfare of the general public; (2) the opportunity for our youths to learn vocational and work skills, develop good work habits and a sense of responsibility and contribution to society, improvement in personal physical and moral well being, and an understanding and appreciation of nature.
[2000 c 11 § 42; 1969 ex.s. c 96 § 1; 1965 c 8 § 43.51.500. Prior: 1961 c 215 § 1. Formerly RCW 43.51.500.]
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79A.05.505
Youth development and conservation division established — Supervisory personnel.
There is hereby created and established a youth development and conservation division within the commission. The commission shall appoint such supervisory personnel as necessary to carry out the purposes of RCW 79A.05.500 through 79A.05.530.
[1999 c 249 § 1201; 1965 c 8 § 43.51.510. Prior: 1961 c 215 § 2. Formerly RCW 43.51.510.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
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79A.05.510
Composition of youth corps — Qualifications, conditions, period of enrollment, etc.
Composition of the corps shall consist of youths who are citizens of the United States and residents of the state of Washington of good character and health, and who are not more than twenty-one years of age. In order to enroll, an individual must agree to comply with rules and regulations promulgated by the commission. The period of enrollment shall be for thirty, sixty or ninety days or for such shorter period as determined by the commission. If permitted by the commission an individual may reenroll. Enrollment shall basically be allocated on a percentage basis to each of the forty-nine legislative districts on the basis of the ratio that the population of each district bears to the total population of the state of Washington, but the commission may also take into account problems of substantial unemployment in certain areas.
[1975 c 7 § 1; 1969 ex.s. c 96 § 3; 1965 c 8 § 43.51.530. Prior: 1961 c 215 § 3. Formerly RCW 43.51.530.]
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79A.05.515
Compensation — Quarters — Hospital services, etc.
(1) The minimum compensation shall be at the rate of twenty-five dollars per week, except that up to the minimum state wage may be paid on the basis of assigned leadership responsibilities or special skills.
(2) Enrollees shall be furnished quarters, subsistence, medical and hospital services, transportation, equipment, as the commission may deem necessary and appropriate for their needs. Such quarters, subsistence, and equipment may be furnished by any governmental or public agency.
(3) The compensation of enrollees of any program under this chapter may be paid biweekly.
[1999 c 249 § 1202; 1982 c 70 § 1; 1975 c 7 § 2; 1965 c 8 § 43.51.540. Prior: 1961 c 215 § 5. Formerly RCW 43.51.540.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
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79A.05.520
Laws relating to hours, conditions of employment, civil service, etc., not applicable.
Existing provisions of law with respect to hours of work, rate of compensation, sick leave, vacation, civil service and unemployment compensation shall not be applicable to enrollees or temporary employees working under the provisions of RCW 79A.05.500 through 79A.05.530.
[2000 c 11 § 43; 1965 c 8 § 43.51.550. Prior: 1961 c 215 § 6. Formerly RCW 43.51.550.]
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79A.05.525
Expenditures, gifts, government surplus materials.
The commission may expend such amounts as necessary for supplies, material and equipment to be used by enrollees in connection with their work, recreation, health, or welfare; the commission shall purchase government surplus materials, supplies and equipment when available and as needed.
The commission may accept any gifts, grants or contributions of money, material, lands, or personal property as it deems appropriate and may administer and dispose of them as it determines to be in the interests of the general public.
[1965 c 8 § 43.51.560. Prior: 1961 c 215 § 7. Formerly RCW 43.51.560.]
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79A.05.530
Agreements with private persons to enroll additional people — Commercial activities prohibited — Authorized closures of area.
The commission may, by agreement with an individual or company enroll and supervise additional young persons, who shall be furnished compensation, subsistence, quarters, supplies and materials by the cooperating private company or individual, to develop, maintain or improve natural and artificial recreational areas for the health and happiness of the general public. The corps shall not be engaged in the development, improvement or maintenance of a commercial recreational area or resort, and the individual or corporation entering such agreement with the commission shall make such improved areas available to the general public without cost for a period of at least five years. Private individuals may reserve the right to close the area during periods of fire hazard or during periods when excess damage would be caused by public use.
[1975 c 7 § 3; 1973 1st ex.s. c 154 § 85; 1965 c 8 § 43.51.570. Prior: 1961 c 215 § 8. Formerly RCW 43.51.570.]
Notes: Severability -- 1973 1st ex.s. c 154: See note following RCW 2.12.030.
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79A.05.535
Agreements with and acceptance of grants from federal government authorized.
The state parks and recreation commission is authorized to enter into agreements with and accept grants from the federal government for the support of any program within the purposes of RCW 79A.05.500 through 79A.05.530.
[2000 c 11 § 44; 1965 ex.s. c 48 § 1. Formerly RCW 43.51.580.]
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79A.05.540
Agreements with and acceptance of grants from federal government authorized — Length of enrollment and compensation in accordance with federal standards authorized.
Notwithstanding the provisions of RCW 79A.05.510 and 79A.05.515, the commission may determine the length of enrollment and the compensation of enrollees in accordance with the standards of any federal act or regulation under which an agreement is made with, or a grant is received from the federal government pursuant to RCW 79A.05.535.
[2000 c 11 § 45; 1965 ex.s. c 48 § 2. Formerly RCW 43.51.590.]
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79A.05.545
Conservation corps.
The commission shall cooperate in implementing and operating the conservation corps as required by chapter 43.220 RCW.
[1999 c 249 § 701.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
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79A.05.600
Declaration of principles.
The beaches bounding the Pacific Ocean from the Straits of Juan de Fuca to Cape Disappointment at the mouth of the Columbia River constitute some of the last unspoiled seashore remaining in the United States. They provide the public with almost unlimited opportunities for recreational activities, like swimming, surfing and hiking; for outdoor sports, like hunting, fishing, clamming, and boating; for the observation of nature as it existed for hundreds of years before the arrival of white men; and for relaxation away from the pressures and tensions of modern life. In past years, these recreational activities have been enjoyed by countless Washington citizens, as well as by tourists from other states and countries. The number of people wishing to participate in such recreational activities grows annually. This increasing public pressure makes it necessary that the state dedicate the use of the ocean beaches to public recreation and to provide certain recreational and sanitary facilities. Nonrecreational use of the beach must be strictly limited. Even recreational uses must be regulated in order that Washington's unrivaled seashore may be saved for our children in much the same form as we know it today.
[1967 c 120 § 1. Formerly RCW 43.51.650.]
Notes: Repeal and savings -- 1967 c 120: "Chapter 78, Laws of 1929 (uncodified) is hereby repealed: PROVIDED, That the title of anyone who has purchased property under this act shall not be affected." [1967 c 120 § 10.]
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79A.05.605
Seashore conservation area — Established.
There is established for the recreational use and enjoyment of the public the Washington State Seashore Conservation Area. It shall include all lands now or hereafter under state ownership or control lying between Cape Disappointment and Leadbetter Point; between Toke Point and the South jetty on Point Chehalis; and between Damon Point and the Makah Indian Reservation and occupying the area between the line of ordinary high tide and the line of extreme low tide, as these lines now are or may hereafter be located, and, where applicable, between the Seashore Conservation Line, as established by survey of the Washington state parks and recreation commission and the line of extreme low tide, as these lines now are or may hereafter be located; and shall also include all state-owned nontrust accreted lands along the ocean: PROVIDED, That no such conservation area shall include any lands within the established boundaries of any Indian reservation.
[1969 ex.s. c 55 § 1; 1967 c 120 § 2. Formerly RCW 43.51.655.]
Notes: Construction -- 1969 ex.s. c 55: "No provision of this 1969 amendatory act shall be construed as affecting any private or public property rights." [1969 ex.s. c 55 § 8.]
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79A.05.610
Jurisdiction over and administration of area.
Except as otherwise provided in RCW 79A.05.600 through 79A.05.630, the Washington State Seashore Conservation Area shall be under the jurisdiction of the Washington state parks and recreation commission, which shall administer RCW 79A.05.600 through 79A.05.630 in accordance with the powers granted it herein and under the appropriate provisions of this chapter.
[2000 c 11 § 46; 1969 ex.s. c 55 § 2; 1967 c 120 § 3. Formerly RCW 43.51.660.]
Notes: Construction -- 1969 ex.s. c 55: See note following RCW 79A.05.605.
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79A.05.615
Principles and purposes to be followed in administering area.
The Washington state parks and recreation commission shall administer the Washington State Seashore Conservation Area in harmony with the broad principles set forth in RCW 79A.05.600. Where feasible, the area shall be preserved in its present state; everywhere it shall be maintained in the best possible condition for public use. All forms of public outdoor recreation shall be permitted and encouraged in the area, unless specifically excluded or limited by the commission. While the primary purpose in the establishment of the area is to preserve the coastal beaches for public recreation, other uses shall be allowed as provided in RCW 79A.05.600 through 79A.05.630, or when found not inconsistent with public recreational use by the Washington state parks and recreation commission.
[2000 c 11 § 47; 1969 ex.s. c 55 § 3; 1967 c 120 § 4. Formerly RCW 43.51.665.]
Notes: Construction -- 1969 ex.s. c 55: See note following RCW 79A.05.605.
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79A.05.620
Cooperation and assistance of federal, state, and local agencies.
In administering the Washington State Seashore Conservation Area, the Washington state parks and recreation commission shall seek the cooperation and assistance of federal agencies, other state agencies, and local political subdivisions. All state agencies, and the governing officials of each local subdivision shall cooperate with the commission in carrying out its duties. Except as otherwise provided in RCW 79A.05.600 through 79A.05.630, and notwithstanding any other provision of law, other state agencies and local subdivisions shall perform duties in the Washington State Seashore Conservation Area which are within their normal jurisdiction, except when such performance clearly conflicts with the purposes of RCW 79A.05.600 through 79A.05.630.
[2000 c 11 § 48; 1969 ex.s. c 55 § 4; 1967 c 120 § 5. Formerly RCW 43.51.670.]
Notes: Construction -- 1969 ex.s. c 55: See note following RCW 79A.05.605.
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79A.05.625
Powers and authority of department of fish and wildlife not interfered with.
Nothing in RCW 79A.05.600 through 79A.05.630 and 79A.05.635 through 79A.05.695 shall be construed to interfere with the powers, duties and authority of the department of fish and wildlife to regulate the conservation or taking of food fish and shellfish. Nor shall anything in RCW 79A.05.600 through 79A.05.630 and 79A.05.635 through 79A.05.695 be construed to interfere with the powers, duties and authority of the department of fish and wildlife to regulate, manage, conserve, and provide for the harvest of wildlife within such area: PROVIDED, HOWEVER, That no hunting shall be permitted in any state park.
[2000 c 11 § 49; 1994 c 264 § 22; 1988 c 75 § 17; 1987 c 506 § 92; 1983 c 3 § 109; 1969 ex.s. c 55 § 5; 1967 c 120 § 6. Formerly RCW 43.51.675.]
Notes: Effective date -- 1988 c 75: See note following RCW 79A.05.635.
Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020.
Construction -- 1969 ex.s. c 55: See note following RCW 79A.05.605.
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79A.05.630
Sale, lease, and disposal of lands within the Seashore Conservation Area.
Lands within the Seashore Conservation Area shall not be sold, leased, or otherwise disposed of, except as herein provided. The commission may, under authority granted in RCW 79A.05.175 and 79A.05.180, exchange state park lands in the Seashore Conservation Area for lands of equal value to be managed by the commission consistent with this chapter. Only state park lands lying east of the Seashore Conservation Line, as it is located at the time of exchange, may be so exchanged. The department of natural resources may lease the lands within the Washington State Seashore Conservation Area as well as the accreted lands along the ocean in state ownership for the exploration and production of oil and gas: PROVIDED, That oil drilling rigs and equipment will not be placed on the Seashore Conservation Area or state-owned accreted lands.
Sale of sand from accretions shall be made to supply the needs of cranberry growers for cranberry bogs in the vicinity and shall not be prohibited if found by the commission to be reasonable, and not generally harmful or destructive to the character of the land: PROVIDED, That the commission may grant leases and permits for the removal of sands for construction purposes from any lands within the Seashore Conservation Area if found by the commission to be reasonable and not generally harmful or destructive to the character of the land: PROVIDED FURTHER, That net income from such leases shall be deposited in the state parks renewal and stewardship account.
[2000 c 11 § 50; (2003 1st sp.s. c 26 § 929 expired June 30, 2005); 1997 c 137 § 4; 1995 c 203 § 1; 1988 c 75 § 18; 1969 ex.s. c 55 § 6; 1967 c 120 § 8. Formerly RCW 43.51.685.]
Notes: Expiration date -- Severability -- Effective dates -- 2003 1st sp.s. c 26: See notes following RCW 43.135.045.
Effective date -- 1997 c 137: See note following RCW 79A.05.055.
Effective date -- 1995 c 203: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 1, 1995]." [1995 c 203 § 2.]
Effective date -- 1988 c 75: See note following RCW 79A.05.635.
Construction -- 1969 ex.s. c 55: See note following RCW 79A.05.605.
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79A.05.635
Ocean beach recreation management plans — Cooperative program.
A cooperative program to provide recreation management plans for the ocean beaches that comprise the Seashore Conservation Area established by RCW 79A.05.605 is created.
[2000 c 11 § 51; 1988 c 75 § 1. Formerly RCW 43.51.695.]
Notes: Effective date -- 1988 c 75: "This act shall take effect January 1, 1989." [1988 c 75 § 20.]
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79A.05.640
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply to RCW 79A.05.600 through 79A.05.695.
(1) "Local government" means a county, city, or town.
(2) "Ocean beaches" include the three ocean beaches described in RCW 79A.05.605.
(3) "Pedestrian use" means any use that does not involve a motorized vehicle.
[2000 c 11 § 52; 1988 c 75 § 2. Formerly RCW 43.51.700.]
Notes: Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.645
Local recreation management plans.
Local governments having a portion of the Seashore Conservation Area within their boundaries may, individually or through an agreement with other local governments located on the same ocean beach, adopt a recreation management plan which meets the requirements of RCW 79A.05.600 through 79A.05.695 for that portion of the ocean beach. The legislature hereby encourages adoption of a single plan for each beach.
[2000 c 11 § 53; 1988 c 75 § 3. Formerly RCW 43.51.705.]
Notes: Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.650
Reservation for pedestrian use — Restrictions on motorized traffic.
(1) Except as provided in RCW 79A.05.655 and 79A.05.660, a total of forty percent of the length of the beach subject to the recreation management plan shall be reserved for pedestrian use under this section and RCW 79A.05.665. Restrictions on motorized traffic under this section shall be from April 15th to the day following Labor day of each year. Local jurisdictions may adopt provisions within recreation management plans that exceed the requirements of this section. The commission shall not require that a plan designate for pedestrian use more than forty percent of the land subject to the plan.
(2) In designating areas to be reserved for pedestrian use, the plan shall consider the following:
(a) Public safety;
(b) Statewide interest in recreational use of the ocean beaches;
(c) Protection of shorebird and marine mammal habitats;
(d) Preservation of native beach vegetation;
(e) Protection of sand dune topography;
(f) Prudent management of clam beds;
(g) Economic impacts to the local community; and
(h) Public access and parking availability.
[2000 c 11 § 54; 1988 c 75 § 4. Formerly RCW 43.51.710.]
Notes: Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.655
Areas reserved for pedestrian use — Exception.
Notwithstanding RCW 79A.05.650(1), recreation management plans may make provision for vehicular traffic on areas otherwise reserved for pedestrian use in order to:
(1) Facilitate clam digging;
(2) Accommodate organized recreational events of not more than seven consecutive days duration;
(3) Provide for removal of wood debris under RCW 4.24.210 and 79A.05.035(5); and
(4) Accommodate removal of sand located upland from the Seashore Conservation Area or removal of sand within the Seashore Conservation Area under the terms of a covenant, easement, or deed.
[2000 c 11 § 55; 1988 c 75 § 5. Formerly RCW 43.51.715.]
Notes: Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.660
Public vehicles.
Recreation management plans shall not prohibit or restrict public vehicles operated in the performance of official duties, vehicles responding to an emergency, or vehicles specially authorized by the director or the director's designee.
[1999 c 249 § 1101; 1988 c 75 § 6. Formerly RCW 43.51.720.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.665
Land adjoining national wildlife refuges and state parks — Pedestrian use — Exception.
Recreation management plans shall, upon request of the commission, reserve on a permanent, seasonal, or temporary basis, land adjoining national wildlife refuges and state parks for pedestrian use. After a plan is approved, the commission may require local jurisdictions to adopt amendments to the plan governing driving on land adjoining wildlife refuges and state parks. Land reserved for pedestrian use under this section for at least the period from April 15th through the day following Labor Day of each year shall be included when determining compliance with the requirements of RCW 79A.05.650.
[2000 c 11 § 56; 1988 c 75 § 7. Formerly RCW 43.51.725.]
Notes: Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.670
Consultation with government agencies required.
In preparing, adopting, or approving a recreation management plan, local jurisdictions and the commission shall consult with the department of fish and wildlife and the United States fish and wildlife service.
[1999 c 249 § 1102; 1988 c 75 § 8. Formerly RCW 43.51.730.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.675
Compliance with federal and state laws required.
Recreation management plans shall comply with all applicable federal and state laws.
[1988 c 75 § 9. Formerly RCW 43.51.735.]
Notes: Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.680
Hearings.
Before adopting a recreation management plan, or amendments to an existing plan, local jurisdictions shall conduct a public hearing. Notice of the hearing shall be published in a newspaper of general circulation in each jurisdiction adopting the plan as well as in a newspaper of general statewide circulation on at least two occasions not less than fourteen days before the first day of the hearing. When a proposed recreation management plan has been prepared by more than one jurisdiction, joint hearings may be conducted.
[1988 c 75 § 10. Formerly RCW 43.51.740.]
Notes: Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.685
Adoption of plans — Approval — Procedure.
Recreation management plans shall be adopted by each participating jurisdiction and submitted to the commission by September 1, 1989. The commission shall approve the proposed plan if, in the commission's judgment, the plan adequately fulfills the requirements of RCW 79A.05.600 through 79A.05.695.
If the proposed plan is not approved, the commission shall suggest modifications to the participating local governments. Local governments shall have ninety days after receiving the suggested modifications to resubmit a recreation management plan. Thereafter, if the commission finds that a plan does not adequately fulfill the requirements of RCW 79A.05.600 through 79A.05.695, the commission may amend the proposal or adopt an alternative plan.
If a plan for all or any portion of the Seashore Conservation Area is not submitted in accordance with RCW 79A.05.635 through 79A.05.695, the commission shall adopt a recreation management plan for that site.
Administrative rules adopted by the commission under *RCW 43.51.680 shall remain in effect for all or any portion of each ocean beach until a recreation management plan for that site is adopted or approved by the commission.
The commission shall not adopt a recreation management plan for all or any portion of an ocean beach while appeal of a commission decision regarding that site is pending.
[2000 c 11 § 57; 1988 c 75 § 11. Formerly RCW 43.51.745.]
Notes: *Reviser's note: RCW 43.51.680 was repealed by 1988 c 75 § 19, effective January 1, 1989.
Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.688
Appeal.
Any individual, partnership, corporation, association, organization, cooperative, local government, or state agency aggrieved by a decision of the commission under this chapter may appeal under chapter 34.05 RCW.
[1999 c 249 § 1103; 1988 c 75 § 12. Formerly RCW 43.51.750.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.690
Cooperation for law enforcement.
The commission shall cooperate with state and local law enforcement agencies in meeting the need for law enforcement within the Seashore Conservation Area.
[1988 c 75 § 13. Formerly RCW 43.51.755.]
Notes: Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.693
Ocean beaches in Seashore Conservation Area declared public highways.
The ocean beaches within the Seashore Conservation Area are hereby declared a public highway and shall remain forever open to the use of the public as provided in RCW 79A.05.635 through 79A.05.695.
[2000 c 11 § 58; 1988 c 75 § 14. Formerly RCW 43.51.760.]
Notes: Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.695
Amendments to plan — Approval — Procedure.
Amendments to the recreation management plan may be adopted jointly by each local government participating in the plan and submitted to the commission for approval. The commission shall approve a proposed amendment if, in the commission's judgment, the amendment adequately fulfills the requirements of RCW 79A.05.600 through 79A.05.695.
After a plan is approved, the commission may require local jurisdictions to adopt amendments to the plan if the commission finds that such amendments are necessary to protect public health and safety, or to protect significant natural resources as determined by the agency having jurisdiction over the resource.
[2000 c 11 § 59; 1988 c 75 § 15. Formerly RCW 43.51.765.]
Notes: Effective date -- 1988 c 75: See note following RCW 79A.05.635.
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79A.05.700
Declaration.
The Green River Gorge, between the town of Kanasket and the Kummer bridge in King county, is a twelve mile spectacularly winding gorge with steep to overhanging rock walls reaching heights of from one hundred fifty to three hundred feet. The beauty and natural features of the gorge are generally confined within the canyon rim. This twelve mile gorge area contains many examples of unique biological and geological features for educational and recreational interpretation, almost two miles of Eocene sediment rocks and fossils are exposed revealing one of the most complete stratographic sections to be found in the region. The area, a unique recreational attraction with more than one million seven hundred thousand people living within an hour's driving time, is presently used by hikers, geologists, fishermen, kayakers and canoeists, picnickers and swimmers, and those seeking the solitude offered by this unique area. Abutting and adjacent landowners generally have kept the gorge lands in their natural state; however, economic and urbanization pressures for development are rapidly increasing. Local and state outdoor recreation plans show a regional need for resources and facilities which could be developed in this area. A twelve mile strip incorporating the visual basins of the Green River from the Kummer bridge to Palmer needs to be acquired and developed as a conservation area to preserve this unique area for the recreational needs of the region.
[1969 ex.s. c 162 § 1. Formerly RCW 43.51.900.]
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79A.05.705
Green River Gorge conservation area created.
There is hereby created a Washington state parks and recreation commission conservation area to be known as "Green River Gorge conservation area".
[1969 ex.s. c 162 § 2. Formerly RCW 43.51.910.]
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79A.05.710
Acquisition of real property, easements, or rights authorized.
In addition to all other powers and duties prescribed by law, the state parks and recreation commission is authorized and directed to acquire such real property, easements, or rights in the Green River Gorge in King county, together with such real property, easements, and rights as is necessary for such park and conservation purposes in any manner authorized by law for the acquisition of lands for parks and parkway purposes. Except for such real property as is necessary and convenient for development of picnicking or camping areas and their related facilities, it is the intent of this section that such property shall be acquired to preserve, as much as possible, the gorge within the canyon rim in its natural pristine state.
[1969 ex.s. c 162 § 3. Formerly RCW 43.51.920.]
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79A.05.715
Acquisition of real property, easements, or rights authorized — Rights of other state agencies not to be infringed upon.
Nothing herein shall be construed as authorizing or directing the state parks and recreation commission to acquire any real property, easements, or rights in the Green River Gorge in King county which are now held by any state agency for the purposes of outdoor recreation, conservation, fish, or wildlife management or public hunting or fishing without the approval of such agency.
[1969 ex.s. c 162 § 4. Formerly RCW 43.51.930.]
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79A.05.725
Legislative declaration.
Mt. Si and Little Si in King county offer unique scenic, natural, and geological features which can be viewed from the I-90 highway. They also afford outstanding recreational opportunities enjoyed by the citizens of this state and tourists alike. The legislature recognizes the importance of guarding portions of this area from those types of development which would permanently alter the area's natural form and beauty. It further recognizes the necessity of setting forth procedures to manage the area, to enhance the opportunities afforded the state's citizens, one-half of whom live within one-half hour driving time of Mt. Si, and to safeguard to the extent possible the scenic, natural, geological, game habitat, and recreational values therein, and to safeguard and promote the upper Snoqualmie River valley's economy in which the recreational use of Mt. Si plays a pivotal role. Therefore, the legislature declares this area to be of statewide significance for the foregoing purposes to be enhanced and safeguarded in accordance with the procedures set forth in chapter 306, Laws of 1977 ex. sess.
[1977 ex.s. c 306 § 1; 1975-'76 2nd ex.s. c 88 § 1. Formerly RCW 43.51.940.]
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79A.05.730
"Mt. Si conservation area" — Created.
There is hereby created a "Mt. Si conservation area" to include approximately twenty-five hundred acres of state, United States government, and privately owned lands within Sections 25, 26, 35, and 36, Township 24 North, Range 8 East, W.M., and Sections 2, 3, 10, 11, and 12 of Township 23 North, Range 8 East, W.M., as identified for inclusion in the conservation area and described more specifically by the Mt. Si citizen advisory subcommittee in their published report of December 6, 1976, to the Washington state department of natural resources and the Washington state parks and recreation commission as contained in the report filed by those agencies to the house and senate committees on parks and recreation, filed December 1976.
[1977 ex.s. c 306 § 2. Formerly RCW 43.51.942.]
Notes:Designation of Mt. Si conservation area as Mt. Si natural resources conservation area: RCW 79.71.100.
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79A.05.735
Mt. Si conservation area — Management.
The state department of natural resources and the state parks and recreation commission have joined together in excellent cooperation in the conducting of this study along with the citizen advisory subcommittee and have joined together in cooperation with the department of fish and wildlife to accomplish other projects of multidisciplinary concern, and because it may be in the best interests of the state to continue such cooperation, the state parks and recreation commission, the department of natural resources, and the department of fish and wildlife are hereby directed to consider both short and long term objectives, the expertise of each agency's staff, and alternatives such as reasonably may be expected to safeguard the conservation area's values as described in RCW 79A.05.725 giving due regard to efficiency and economy of management: PROVIDED, That the interests conveyed to or by the state agencies identified in this section shall be managed by the department of natural resources until such time as the state parks and recreation commission or other public agency is managing public recreation areas and facilities located in such close proximity to the conservation area described in RCW 79A.05.730 so as to make combined management of those areas and facilities and transfer of management of the conservation area more efficient and economical than continued management by the department of natural resources. At that time the department of natural resources is directed to negotiate with the appropriate public agency for the transfer of those management responsibilities for the interests obtained within the conservation area under RCW 79A.05.725 through 79A.05.745: PROVIDED FURTHER, That the state agencies identified in this section may, by mutual agreement, undertake management of portions of the conservation area as they may from time to time determine in accordance with those rules and regulations established for natural area preserves under chapter 79.70 RCW, for natural and conservation areas under present WAC 352-16-020(3) and (6), and under chapter 77.12 RCW.
[2000 c 11 § 60; 1994 c 264 § 23; 1988 c 36 § 17; 1977 ex.s. c 306 § 3. Formerly RCW 43.51.943.]
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79A.05.740
Mt. Si conservation area — Valuation of included lands.
The full market value for department of natural resources' managed trust lands or interest therein within the conservation area shall be determined by the department of natural resources for any lands or interests to be dedicated or leased as provided herein. The department of natural resources shall determine the value of dedicating such lands or interests in lands as it may determine to be necessary to carry out the purposes of chapter 306, Laws of 1977 ex. sess. either by execution of fifty-five year scenic or development easements or by execution of fifty-five year leases, including such conditions as may be necessary to carry out the purposes of chapter 306, Laws of 1977 ex. sess. Any lease issued pursuant to chapter 306, Laws of 1977 ex. sess. may be subject to renewal under the provisions of *RCW 79.01.276 as presently existing or hereafter amended. Nothing in chapter 306, Laws of 1977 ex. sess. shall be deemed to alter or affect normal management on lands owned by the state for which no dedication by easement or lease has been made and it is further recognized that no restrictions on management of such lands shall be required unless the applicable trust relating to such lands shall have been compensated.
[1998 c 245 § 67; 1977 ex.s. c 306 § 4. Formerly RCW 43.51.944.]
Notes: *Reviser's note: RCW 79.01.276 was repealed by 1979 1st ex.s. c 109 § 23.
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79A.05.745
Eminent domain — Use prohibited.
No property or interest in property shall be acquired for the purpose of chapter 306, Laws of 1977 ex. sess. by the exercise of the power of eminent domain.
[1977 ex.s. c 306 § 6. Formerly RCW 43.51.945.]
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79A.05.750
Legislative declaration.
It is the intent of RCW 79A.05.750 through 79A.05.795 to establish and recognize the Yakima river corridor from Selah Gap (Yakima Ridge) to Union Gap (Rattlesnake Hills) as a uniquely valuable recreation, conservation, and scenic resource in the state of Washington.
[2000 c 11 § 61; 1977 ex.s. c 75 § 1. Formerly RCW 43.51.946.]
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79A.05.755
"Washington State Yakima river conservation area" — Created.
There is hereby created an area to be known as the "Washington State Yakima river conservation area". This area designation may be used as a common reference by all state and local agencies, municipalities, and federal agencies.
[1977 ex.s. c 75 § 3. Formerly RCW 43.51.947.]
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79A.05.760
Yakima river conservation area — Size prescribed.
For the purposes of RCW 79A.05.750 through 79A.05.795, the Yakima river conservation area is to contain no more than the area delineated in appendix D on pages D-3, D-4, D-6, D-7, D-9, and D-10 of the report entitled "The Yakima River Regional Greenway" which resulted from the Yakima river study authorized in section 170, chapter 269, Laws of 1975, first extraordinary session. This area is also defined as sections 12 and 17, township 13 north, range 18 east totaling approximately 18.0 acres, sections 7, 17, 18, 20, 21, 28, 29, 32, 33, township 13 north, range 19 east totaling approximately 936.0 acres, and sections 4, 5, 8, 9, 17, township 12 north, range 19 east totaling approximately 793.7 acres.
[1999 c 249 § 1001; 1977 ex.s. c 75 § 2. Formerly RCW 43.51.948.]
Notes: Severability -- 1999 c 249: See note following RCW 79A.05.010.
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79A.05.765
Yakima river conservation area — Authority of Yakima county commissioners.
The Yakima county commissioners are authorized to coordinate the acquisition, development, and operation of the Yakima river conservation area in accordance with the purposes of RCW 79A.05.750 through 79A.05.795 and in cooperation with public parks, conservation and resource managing agencies.
[2000 c 11 § 62; 1977 ex.s. c 75 § 4. Formerly RCW 43.51.949.]
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79A.05.770
Yakima river conservation area — Land acquisition.
The Yakima county commissioners are authorized to acquire such real property, easements or rights in river-related lands in the Yakima river conservation area, together with such real property, easements, and rights as are necessary for such conservation and parks purposes in any manner authorized by law for the acquisition of lands for conservation, parks and parkway purposes: PROVIDED, That only the Yakima county commissioners shall have the power of eminent domain for the purposes of this chapter.
[1977 ex.s. c 75 § 5. Formerly RCW 43.51.950.]
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79A.05.775
Intent to preserve river wetlands in their natural state.
Except for such property as is necessary or suitable for the development of recreational areas and their related facilities, it is the intent of this section that such property shall be acquired to preserve, as much as possible, the river wetlands in their natural state.
[1977 ex.s. c 75 § 6. Formerly RCW 43.51.951.]
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79A.05.780
Yakima river conservation area — Consultation between commission and Yakima county commissioners.
The Washington state parks and recreation commission is directed to consult with the Yakima county commissioners in the acquisition, development, and operation of the Yakima river conservation area in accordance with the purposes of RCW 79A.05.750 through 79A.05.795 and the Yakima river study authorized in section 170, chapter 269, Laws of 1975, first extraordinary session.
[2000 c 11 § 63; 1977 ex.s. c 75 § 7. Formerly RCW 43.51.952.]
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