Revised Code of Washington
Chapter 90.58 - Shoreline Management Act of 1971.
90.58.230 - Violators liable for damages resulting from violation—Attorney's fees and costs.

RCW 90.58.230
Violators liable for damages resulting from violation—Attorney's fees and costs.

Any person subject to the regulatory program of this chapter who violates any provision of this chapter or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The attorney general or local government attorney shall bring suit for damages under this section on behalf of the state or local governments. Private persons shall have the right to bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party.

[ 1971 ex.s. c 286 § 23.]

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Structure Revised Code of Washington

Revised Code of Washington

Title 90 - Water Rights—Environment

Chapter 90.58 - Shoreline Management Act of 1971.

90.58.010 - Short title.

90.58.020 - Legislative findings—State policy enunciated—Use preference.

90.58.030 - Definitions and concepts.

90.58.040 - Program applicable to shorelines of the state.

90.58.045 - Environmental excellence program agreements—Effect on chapter.

90.58.050 - Program as cooperative between local government and state—Responsibilities differentiated.

90.58.060 - Review and adoption of guidelines—Public hearings, notice of—Amendments.

90.58.065 - Application of guidelines and master programs to agricultural activities.

90.58.070 - Local governments to submit letters of intent—Department to act upon failure of local government.

90.58.080 - Timetable for local governments to develop or amend master programs—Review of master programs—Grants.

90.58.090 - Approval of master program or segments or amendments—Procedure—Departmental alternatives when shorelines of statewide significance—Later adoption of master program supersedes departmental program.

90.58.100 - Programs as constituting use regulations—Duties when preparing programs and amendments thereto—Program contents.

90.58.110 - Development of program within two or more adjacent local government jurisdictions—Development of program in segments, when.

90.58.120 - Adoption of rules, programs, etc., subject to RCW 34.05.310 through 34.05.395—Public hearings, notice of—Public inspection after approval or adoption.

90.58.130 - Involvement of all persons and entities having interest, means.

90.58.140 - Development permits—Grounds for granting—Administration by local government, conditions—Applications—Notices—Rescission—Approval when permit for variance or conditional use.

90.58.143 - Time requirements—Substantial development permits, variances, conditional use permits.

90.58.147 - Substantial development permit—Exemption for projects to improve fish or wildlife habitat or fish passage.

90.58.150 - Selective commercial timber cutting, when.

90.58.160 - Prohibition against seabed mining for hard minerals and surface drilling for oil or gas, where.

90.58.170 - Shorelines hearings board—Established—Members—Chair—Quorum for decision—Expenses of members.

90.58.175 - Rules and regulations.

90.58.180 - Review of granting, denying, or rescinding permits by shorelines hearings board—Board to act—Local government appeals to board—Grounds for declaring rule, regulation, or guideline invalid—Appeals to court.

90.58.185 - Appeals involving single-family residences, involving penalties of fifteen thousand dollars or less, or other designated cases—Composition of board—Rules to expedite appeals.

90.58.190 - Appeal of department's decision to adopt or amend a master program.

90.58.195 - Shoreline master plan review—Local governments with coastal waters or coastal shorelines.

90.58.200 - Rules and regulations.

90.58.210 - Court actions to ensure against conflicting uses and to enforce—Civil penalty—Review.

90.58.220 - General penalty.

90.58.230 - Violators liable for damages resulting from violation—Attorney's fees and costs.

90.58.240 - Additional authority granted department and local governments.

90.58.250 - Intent—Department to cooperate with local governments—Grants for development of master programs.

90.58.260 - State to represent its interest before federal agencies, interstate agencies and courts.

90.58.270 - Nonapplication to certain structures, docks, developments, etc., placed in navigable waters—Nonapplication to certain rights of action, authority—Floating homes and floating on-water residences must be classified as a conforming preferred...

90.58.280 - Application to all state agencies, counties, public and municipal corporations.

90.58.290 - Restrictions as affecting fair market value of property.

90.58.300 - Department as regulating state agency—Special authority.

90.58.310 - Designation of shorelines of statewide significance by legislature—Recommendation by director, procedure.

90.58.320 - Height limitation respecting permits.

90.58.340 - Use policies for land adjacent to shorelines, development of.

90.58.350 - Nonapplication to treaty rights.

90.58.355 - Persons, projects, and activities not required to obtain certain permits, variances, letters of exemption, or other local review.

90.58.356 - Projects and activities not required to obtain certain permits, variances, letters of exemption, or other local review—Written notice, when required.

90.58.360 - Existing requirements for permits, certificates, etc., not obviated.

90.58.370 - Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited.

90.58.380 - Adoption of wetland manual.

90.58.515 - Watershed restoration projects—Exemption.

90.58.550 - Oil or natural gas exploration in marine waters—Definitions—Application for permit—Requirements—Review—Enforcement.

90.58.560 - Oil or natural gas exploration—Violations of RCW 90.58.550—Penalty—Appeal.

90.58.570 - Consultation before responding to federal coastal zone management certificates.

90.58.580 - Shoreline restoration projects—Relief from shoreline master program development standards and use regulations.

90.58.590 - Local governments authorized to adopt moratoria—Requirements—Public hearing.

90.58.600 - Conformance with chapter 43.97 RCW required.

90.58.610 - Relationship between shoreline master programs and development regulations under growth management act governed by RCW 36.70A.480.

90.58.620 - New or amended master programs—Authorized provisions.

90.58.900 - Liberal construction—1971 ex.s. c 286.

90.58.920 - Effective date—1971 ex.s. c 286.