Revised Code of Washington
Chapter 79.105 - Aquatic Lands—General.
79.105.210 - Aquatic lands—Preservation and enhancement of water-dependent uses—Leasing authority.

RCW 79.105.210
Aquatic lands—Preservation and enhancement of water-dependent uses—Leasing authority.

(1) The management of state-owned aquatic lands shall preserve and enhance water-dependent uses. Water-dependent uses shall be favored over other uses in state-owned aquatic land planning and in resolving conflicts between competing lease applications. In cases of conflict between water-dependent uses, priority shall be given to uses which enhance renewable resources, waterborne commerce, and the navigational and biological capacity of the waters, and to statewide interests as distinguished from local interests.
(2) Nonwater-dependent use of state-owned aquatic lands is a low-priority use providing minimal public benefits and shall not be permitted to expand or be established in new areas except in exceptional circumstances where it is compatible with water-dependent uses occurring in or planned for the area.
(3) The department shall consider the natural values of state-owned aquatic lands as wildlife habitat, natural area preserve, representative ecosystem, or spawning area prior to issuing any initial lease or authorizing any change in use. The department may withhold from leasing lands which it finds to have significant natural values, or may provide within any lease for the protection of such values.
(4) The power to lease state-owned aquatic lands is vested in the department, which has the authority to make leases upon terms, conditions, and length of time in conformance with the state Constitution and chapters 79.105 through 79.140 RCW.
(5) State-owned aquatic lands shall not be leased to persons or organizations which discriminate on the basis of race, color, creed, religion, sex, age, or disability.

[ 2020 c 274 § 67; 2005 c 155 § 143; 1984 c 221 § 3. Formerly RCW 79.90.460.]

Structure Revised Code of Washington

Revised Code of Washington

Title 79 - Public Lands

Chapter 79.105 - Aquatic Lands—General.

79.105.001 - Intent—2005 c 155.

79.105.010 - Aquatic lands—Findings.

79.105.020 - Purpose—Articulation of management philosophy.

79.105.030 - Aquatic lands—Management guidelines.

79.105.040 - Application to existing property rights—Application of shoreline management act.

79.105.050 - Fostering use of aquatic environment—Limitation.

79.105.060 - Definitions.

79.105.100 - Sale and lease of state-owned aquatic lands—Blank forms of applications.

79.105.110 - Who may purchase or lease—Application—Fees.

79.105.120 - Survey to determine areas subject to sale or lease.

79.105.130 - Reconsideration of official acts.

79.105.140 - Assignment of contracts or leases.

79.105.150 - Deposit, use of proceeds from sale or lease of aquatic lands or valuable materials therefrom—Aquatic lands enhancement project grant requirements—Aquatic lands enhancement account.

79.105.160 - Aquatic lands—Court review of actions.

79.105.170 - Nonnative finfish aquaculture—Department may not allow as an authorized use under any new lease or use authorization.

79.105.200 - Use and occupancy fee in lieu of lease—Construction of section.

79.105.210 - Aquatic lands—Preservation and enhancement of water-dependent uses—Leasing authority.

79.105.220 - Lease of tidelands in front of public parks.

79.105.230 - Use for public parks or public recreation purposes.

79.105.240 - Determination of annual rent rates for lease of aquatic lands for water-dependent uses.

79.105.250 - Log storage rents.

79.105.260 - Rent for leases in effect October 1, 1984.

79.105.270 - Aquatic lands—Leases/rents for nonwater-dependent uses.

79.105.280 - Rents and fees for recovery of mineral or geothermal resources.

79.105.290 - Aquatic lands—Rents for multiple uses.

79.105.300 - Aquatic lands—Lease for water-dependent use—Rental for nonwater-dependent use.

79.105.310 - Aquatic lands—Rent for improvements.

79.105.320 - Aquatic lands—Administrative review of proposed rent.

79.105.330 - Aquatic lands—Security for leases for more than one year.

79.105.340 - Aquatic lands—Payment of rent.

79.105.350 - Aquatic lands—Interest rate.

79.105.360 - Adoption of rules.

79.105.400 - Authority to exchange state-owned tidelands and shorelands—Rules—Limitation.

79.105.410 - Gifts of aquatic land—Procedures and criteria.

79.105.420 - Management of certain aquatic lands by port district—Agreement—Rent—Model management agreement.

79.105.430 - Private recreational docks—Mooring buoys.

79.105.500 - Aquatic land dredged material disposal sites—Findings.

79.105.510 - Aquatic land dredged material disposal site account.

79.105.520 - Fees for use of aquatic land dredged material disposal sites authorized.

79.105.600 - Archaeological activities on state-owned aquatic lands—Agreements, leases, or other conveyances.

79.105.610 - Puget Sound partners.

79.105.620 - City use of state-owned aquatic lands for publicly owned marina—Reduced fee lease—Expiration date.

79.105.630 - Administering funds—Preference to an evergreen community.

79.105.902 - Effective date—1984 c 221.