Title 468 WAC — Transportation, Department of (See Title 88)

Chapter 468-06 Public access to information and records.

Wash. Admin. Code § 468-06-010 Purpose.

The purpose of this chapter is to provide rules for the Washington state department of transportation (the department), and the Washington state transportation commission (the commission) implementing the provisions of chapter 42.56 RCW that relate to requests for inspection and copying of public records.

History

Statutory Authority: RCW 42.56.040. WSR 19-24-068, § 468-06-010, filed 11/27/19, effective 12/28/19. Statutory Authority: Chapter 42.56 RCW. WSR 15-24-130, § 468-06-010, filed 12/2/15, effective 1/2/16. Statutory Authority: Chapters 42.17, 42.56 RCW. WSR 08-16-030, § 468-06-010, filed 7/29/08, effective 8/29/08. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-06-010, filed 12/20/78. Formerly WAC 252-03-010.

Wash. Admin. Code § 468-06-020 Definitions.

(1) "Commission" means the Washington state transportation commission.

(2) "Denial" means the department withheld a record in part or in its entirety based on a statutory or other legal exemption.

(3) "Department" means the Washington state department of transportation.

(4) "Disclosure" means the existence of a record is revealed to a requestor in response to a PRA request, regardless of whether it is produced.

(5) "Production" means disclosed records are produced (made available for inspection and copying).

(6) "Public Records Act" or "PRA" means chapter 42.56 RCW.

History

Statutory Authority: RCW 42.56.040. WSR 19-24-068, § 468-06-020, filed 11/27/19, effective 12/28/19. Statutory Authority: Chapter 42.56 RCW. WSR 15-24-130, § 468-06-020, filed 12/2/15, effective 1/2/16. Statutory Authority: Chapters 42.17, 42.56 RCW. WSR 08-16-030, § 468-06-020, filed 7/29/08, effective 8/29/08. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-06-020, filed 12/20/78. Formerly WAC 252-03-020.

Wash. Admin. Code § 468-06-040 Organization of the department and records management and public disclosure office.

The department is a statutorily created agency of the state of Washington, with headquarters, division, and regional offices. The department's public records office is headed by the director of the risk management and legal services division. Current organizational and contact information can be found on the records management and public disclosure website at: http://www.wsdot.wa.gov/Contact/PublicDisclosure.

History

Statutory Authority: RCW 42.56.040. WSR 19-07-026, § 468-06-040, filed 3/12/19, effective 4/12/19. Statutory Authority: Chapter 42.56 RCW. WSR 15-24-130, § 468-06-040, filed 12/2/15, effective 1/2/16. Statutory Authority: Chapters 42.17, 42.56 RCW. WSR 08-16-030, § 468-06-040, filed 7/29/08, effective 8/29/08. Statutory Authority: RCW 47.01.031. WSR 03-09-103, § 468-06-040, filed 4/22/03, effective 5/23/03
WSR 02-10-021, § 468-06-040, filed 4/23/02, effective 5/24/02. Statutory Authority: RCW 47.01.101. WSR 99-07-013, § 468-06-040, filed 3/8/99, effective 4/8/99. Statutory Authority: Chapter 42.17 RCW and RCW 47.01.101. WSR 96-16-004 (Order 163), § 468-06-040, filed 7/24/96, effective 8/24/96. Statutory Authority: RCW 42.17.250 through 42.17.340. WSR 89-17-047 (Order 120), § 468-06-040, filed 8/14/89, effective 9/14/89
WSR 85-23-040 (Order 97), § 468-06-040, filed 11/18/85. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-06-040, filed 12/20/78. Formerly WAC 252-03-030.

Wash. Admin. Code § 468-06-050 Public records officer.

The department's public records officer is designated by the department as the person responsible for implementing the department's rules and regulations, for acknowledging receipt of public records requests, and for coordinating with staff statewide to identify, gather, and release public records in compliance with the public records disclosure requirements. The department's public records officer also serves as the commission's public records officer.

History

Statutory Authority: RCW 42.56.040. WSR 19-24-068, § 468-06-050, filed 11/27/19, effective 12/28/19. Statutory Authority: Chapter 42.56 RCW. WSR 15-24-130, § 468-06-050, filed 12/2/15, effective 1/2/16. Statutory Authority: Chapters 42.17, 42.56 RCW. WSR 08-16-030, § 468-06-050, filed 7/29/08, effective 8/29/08. Statutory Authority: RCW 42.17.250 through 42.17.340. WSR 89-17-047 (Order 120), § 468-06-050, filed 8/14/89, effective 9/14/89. Statutory Authority: RCW 42.17.250 through 42.17.350. WSR 81-11-035 (Order 62), § 468-06-050, filed 5/19/81. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-06-050, filed 12/20/78. Formerly WAC 252-03-040.

Wash. Admin. Code § 468-06-060 Requesting public records.

(1) Submitting a request. Requests for public records to the department or the commission can be made by:

(a) Using the public disclosure request center by going to https://wsdot.mycusthelp.com/WEBAPP/_rs/supporthome.aspx; or

(b) Submitting a written request to the department that includes:

(i) The name, address, telephone number, and email address of the person requesting the records;

(ii) The date and time of the request;

(iii) A description of the public records sought adequate for the department to identify and locate all responsive records;

(iv) Language stating that the request for records is intended as a public records request or a similar statement placing the department on fair notice that records are being sought under the Public Records Act chapter 42.56 RCW; and

(v) A statement indicating whether copies of the records are sought or if the requestor wants to arrange to inspect records.

Requests not submitted through the public disclosure request center identified in (a) of this subsection can be submitted via U.S. mail, hand delivery, email, or facsimile at:

Public Records Office

Transportation Building

310 Maple Park Avenue S.E.

P.O. Box 47410

Olympia, WA 98504-7410

Email: HQPDRCoordinators@wsdot.wa.gov

Facsimile: 360-705-6805

(2) A request not submitted in a manner identified in subsection (1) of this section will not be considered a public records request under chapter 42.56 RCW, but will be responded to as an informal routine inquiry or a general request for information.

(3) Requested production. Nonexempt records are available through inspection, paper copies, or electronic copies. The requestor should indicate the production preference and make arrangements to pay the fees, if any.

History

Statutory Authority: Chapter 42.56 RCW. WSR 25-03-072, s 468-06-060, filed 1/14/25, effective 2/14/25. Statutory Authority: RCW 42.56.040. WSR 19-24-068, § 468-06-060, filed 11/27/19, effective 12/28/19
WSR 19-14-003, § 468-06-060, filed 6/19/19, effective 7/20/19
WSR 19-07-026, § 468-06-060, filed 3/12/19, effective 4/12/19. Statutory Authority: Chapter 42.56 RCW. WSR 15-24-130, § 468-06-060, filed 12/2/15, effective 1/2/16. Statutory Authority: Chapters 42.17, 42.56 RCW. WSR 08-16-030, § 468-06-060, filed 7/29/08, effective 8/29/08. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-06-060, filed 12/20/78. Formerly WAC 252-03-050.

Wash. Admin. Code § 468-06-080 Processing public records requests.

(1) Initial response. The department will provide a written response within five business days of receiving a request for public records. A business day is 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of legal holidays. Legal holidays are prescribed in RCW 1.16.050. Requests received on a Saturday, Sunday, or a legal holiday, or after 5:00 p.m. on a business day, will be deemed received on the next day which is neither a Saturday, Sunday, nor a legal holiday.

An initial written response may:

(a) Acknowledge receipt of the request and provide a reasonable estimate of the time it will take to respond.

(i) Time estimates are based on many issues including the complexity of the request, clarity of the request, number of documents, location of documents, determining if records are exempt, redaction requirements, third-party involvement, and court processes.

(ii) The department may extend time estimates when circumstances warrant.

(b) Provide the requestor the records.

(d) Provide part of the records and deny another part.

(e) Deny the request.

(2) Inspection requests. The department will notify the requestor in writing when nonexempt records are ready for inspection. The requestor must schedule an appointment to inspect the records. A department staff person will remain with all public records during inspection. Reviewing time may be limited so as to avoid undue disruption to department business. Records are generally available for inspection and copying during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.

(3) Paper requests. The department, upon payment of fees, if any, will send paper copies of nonexempt records to the requestor.

(4) Electronic requests. The department, upon payment of fees, if any, may scan records or copy nonexempt electronic records to a CD-ROM or DVD, send via email, or post online for download.

(5) Installments. The department may provide records for inspection or copying in installments.

(6) Exemptions. When the department determines that a record is exempt from disclosure, either partially or entirely, the department will notify the requestor in writing. The notification will list each exempt record or portion thereof, the law that allows the exemption, and a brief explanation. The department will withhold the record entirely or will redact exempt portions and provide the nonexempt portions of the records. Exemptions are set out in chapter 42.56 RCW and any other applicable law.

(7) Court protection of records. The department may provide written notification to a department employee, a person, or a business named in a requested record or to whom a record specifically pertains and whose rights may be affected by the release of the record. The department's written notification may:

(a) Identify the records requested and include the name and location of the requestor, when known.

(b) Advise the employee, person, or business that they may seek a court injunction in superior court in accordance with RCW 42.56.540.

(c) Inform the employee, person, or business of the date that the department will disclose the record to the requestor unless the employee, person, or business provides the department with a court order enjoining such disclosure.

(8) Review of denial of request.

(a) Petition for internal administrative review of denial of access. Any requestor who objects to the initial denial or partial denial of a records request may petition in writing to the department for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the department denying the request.

(b) Consideration of petition for review. The department will consider the petition and either affirm or reverse the denial within ten business days following receipt of the petition, or within such other time as the department and the requestor mutually agree to.

(c) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the department denies a requestor access to a public record because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office review the matter.

(d) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

(9) Closing request. The department will inform the requestor in writing and close the request when:

(a) The inspection of records is complete;

(b) All reasonably identifiable responsive nonexempt records have been provided; or

History

Statutory Authority: Chapter 42.56 RCW. WSR 15-24-130, § 468-06-080, filed 12/2/15, effective 1/2/16. Statutory Authority: Chapters 42.17, 42.56 RCW. WSR 08-16-030, § 468-06-080, filed 7/29/08, effective 8/29/08. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-06-080, filed 12/20/78. Formerly WAC 252-03-070.

Wash. Admin. Code § 468-06-090 Fees.

(1) The following copy fees and payment procedures apply to requests to the department under chapter 42.56 RCW and received on or after April 12, 2019.

(2) Pursuant to RCW 42.56.120 (2)(b), the department is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) The department does not have the resources to conduct a study to determine all its actual copying costs;

(b) To conduct such a study would interfere with other essential agency functions; and

(c) Through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3) and (4).

(3) The department will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c), and (4). The department will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the department may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The charges for copying methods used by the department are summarized in the fee schedule available on the department's website at www.wsdot.wa.gov.

(4) Requestors are required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions:

(a) It is within the discretion of the public records officer to waive copying fees when:

(i) All of the records responsive to an entire request are paper copies only and are 25 or fewer pages; or

(ii) All of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of 100 printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.

(b) Fee waivers are not applicable to records provided in installments.

(5) All required fees must be paid in advance of release of the copies or an installment of copies. The office will notify the requestor of when payment is due.

(6) Payment should be made by check or money order to the Washington state department of transportation.

(7) The department will close a request when a requestor fails by the payment date to pay in the manner prescribed for records or an installment of records.

History

Statutory Authority: RCW 42.56.120(4). WSR 26-09-005, s 468-06-090, filed 4/1/26, effective 5/2/26. Statutory Authority: RCW 42.56.040. WSR 19-07-026, § 468-06-090, filed 3/12/19, effective 4/12/19. Statutory Authority: Chapter 42.56 RCW. WSR 15-24-130, § 468-06-090, filed 12/2/15, effective 1/2/16. Statutory Authority: Chapters 42.17, 42.56 RCW. WSR 08-16-030, § 468-06-090, filed 7/29/08, effective 8/29/08. Statutory Authority: Chapter 42.17 RCW and RCW 47.01.101. WSR 96-16-004 (Order 163), § 468-06-090, filed 7/24/96, effective 8/24/96. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-06-090, filed 12/20/78. Formerly WAC 252-03-080.

Wash. Admin. Code § 468-06-140 Department index.

The index of records specified in RCW 42.56.070(5) is publicly available through the department's website at https://wsdot.wa.gov/about/contacts/public-disclosure/records-index. The index lists or links to the relevant types of records listed in RCW 42.56.070(5). The department updates the index at least annually.

History

Statutory Authority: RCW 42.56.070(5). WSR 26-11-018, s 468-06-140, filed 5/13/26, effective 6/13/26. Statutory Authority: Chapter 42.56 RCW. WSR 15-24-130, § 468-06-140, filed 12/2/15, effective 1/2/16. Statutory Authority: Chapters 42.17, 42.56 RCW. WSR 08-16-030, § 468-06-140, filed 7/29/08, effective 8/29/08. Statutory Authority: Chapter 34.05 RCW. WSR 90-23-007, § 468-06-140, filed 11/9/90, effective 12/10/90.

Chapter 468-10 Practice and procedure.

Wash. Admin. Code § 468-10-400 Application of this chapter.

This chapter applies to all adjudicative proceedings under the jurisdiction of the department of transportation or the secretary of the department of transportation: Provided, That the rules shall not apply to appeals under RCW 47.28.070 and joint hearings under RCW 47.68.290.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-400, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-410 Adoption of model rules of procedures.

Except as they may be inconsistent with the rules in this chapter, the department of transportation adopts the model rules of procedures as set forth in chapter 10-08 WAC. Where the rules of this chapter conflict with those of chapter 10-08 WAC, the rules of this chapter shall govern. Where the rules of this chapter conflict with chapter 468-100 WAC, the rules of chapter 468-100 WAC shall govern. Where the rules of chapter 468-100 WAC conflict with chapter 10-08 WAC, the rules of chapter 468-100 WAC shall govern.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-410, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-420 Definitions.

The definitions set forth in this section shall apply throughout this chapter unless the context otherwise requires:

"Department" means the Washington state department of transportation.

"Secretary" means the secretary of the Washington state department of transportation.

Where the rules of this chapter use words defined in RCW 34.05.010, those definitions shall govern.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-420, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-430 Application for adjudicative proceeding.

(1) An application for an adjudicative proceeding must be filed in writing within thirty days of the action that is the subject of the appeal.

(2) An application for an adjudicative proceeding shall specify the issue or issues to be adjudicated in the proceeding and must be signed by the applicant or the applicant's representative. The signature of an applicant or the applicant's representative constitutes a certificate by the applicant or applicant's representative that the applicant or applicant's representative has read the application; that to the best of the applicant's or applicant's representative's knowledge, information, and belief, formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of adjudication. If an application is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the applicant or applicant's representative. If an application is signed in violation of this rule, the presiding officer, upon motion or upon its own initiative, may impose upon the person who signed it, a representative party, or both, an appropriate sanction, which may include dismissal of the case.

(3) An application for an adjudicative proceeding shall be served by certified mail, registered mail, or personal service on the Office of the Secretary of the Washington State Department of Transportation, 3D25 Transportation Building, Olympia, WA 98504-7316. Service by electronic telefacsimile transmission is not allowed.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-430, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-440 Standards of ethical conduct.

All persons appearing in an adjudicative proceeding shall conform to the standards of ethical conduct required of attorneys before the courts of Washington as required by the rules of professional conduct. If any such person does not conform to such standards, the presiding officer may decline to permit such person to appear in a representative capacity in the adjudicative proceeding.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-440, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-450 Appearance and practice—Appearance and/or representation by former employee, attorney or officer.

(1) No person who has served as an officer, attorney, or employee of the department shall appear in an adjudicative proceeding or receive compensation for any services rendered on behalf of any person, firm, corporation, or association in relation to any adjudicative proceeding or application with respect to which such person was directly concerned and in which one personally participated during the period of her or his service or employment.

(2) No person who has served as an officer, attorney, or employee of the department shall appear, except with the permission of the secretary, as an expert witness on behalf of any party, other than the department, in an adjudicative proceeding in which she or he previously took an active part in the matter as a representative of the department.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-450, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-460 Answer.

(1) When the department serves a party with a notice of hearing pursuant to RCW 34.05.413(5), the party shall file an answer stating in short plain terms his/her response or defense to the matters asserted in the notice, and shall admit or deny averments in the notice (other than statements of time, place, and nature of the proceeding). If the party is without knowledge or information to form a belief as to the truth of an averment, the party shall so state and this will have the effect of a denial. When a party intends in good faith to deny any part or qualification of an averment, she/he shall specify so much of it as is true and material and shall deny the remainder. A party may make the denials as specific denials of designated averments or paragraphs, or may generally deny all averments except those expressly admitted.

(2) In his/her answer to the notice, a party shall set forth affirmatively any matter constituting an avoidance or affirmative defense. Defenses not pleaded in the answer are waived.

(3) An answer shall be filed within twenty days after the notice of hearing is served unless the date of hearing is less than forty days from the date the notice of hearing is served in which event an answer must be filed within half the intervening time.

(4) Any defense that the hearing cannot be held because the party served with the notice has been prejudiced because of some irregularity in procedure must be pleaded in the answer by specific averment which shall include such supporting particulars as are within the answering party's knowledge or could have reasonably been learned by the answering party.

(5) No reply to an answer shall be filed. Affirmative averments in the answer shall be deemed denied or avoided.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-460, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-470 Discovery, protective orders.

Discovery will be available in adjudicative proceedings only as follows:

(1) Methods: Any party to an adjudicative proceeding may only obtain discovery from another party by written interrogatories, subpoenas duces tecum, and written requests for production of documents. The procedures regarding these methods of discovery are found at CR 33 and CR 34 as now or hereafter amended unless inconsistent with the rules herein.

(2) Scope of discovery: Parties may obtain discovery to the extent authorized by CR 26(b).

(3) Protective order: Any party may file a motion for protective order regarding discovery. Rulings on such motions shall be made by the presiding officer.

(4) Order compelling discovery: The presiding officer is authorized to make any order that a court could make under CR 37(a), including an order awarding expenses of the motion to compel discovery.

(5) Completion of discovery: All discovery allowed under this section must be completed at a reasonable time prior to hearing as determined by the presiding officer in a discovery schedule. Nothing herein stated shall modify a party's responsibility to promptly supplement responses to discovery rules or otherwise comply with discovery.

(6) Use at hearing: Information and documents obtained pursuant to discovery will not become part of the record until received into evidence by the presiding officer upon the motion of any party.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-470, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-480 Excerpts from documentary evidence.

When portions only of a document are to be relied upon, the offering party shall prepare the pertinent excerpts, adequately identified, and shall supply copies of such excerpts, together with a statement indicating the purpose for which such material will be offered, to the presiding officer and to the other parties. Only the excerpts, so prepared and submitted, shall be received in the record. However, the whole of the original document shall be made available for examination and for use by all parties to the proceeding.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-480, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-490 Motions before presiding officers.

(1) Scope of section: This section governs all motions made to the presiding officer except those made orally on the record during an adjudicative proceeding.

(2) Form: A motion must be in writing. It must state the order of relief requested and the grounds for the motion. It may be accompanied by affidavits. It must be supported by legal authorities, set out in the motion or in a supporting brief.

(3) Response: Any party may serve and file a response within five days after the motion has been served on that party.

(4) Filing: The original and one copy of every motion and response, with supporting papers, must be filed with the presiding officer, along with proof of service.

(5) Ruling: When the presiding officer has received a response from all parties, or five days have elapsed since the last party was served, the presiding officer shall rule on the motion without oral argument, unless the presiding officer, in his or her discretion, orders that argument be heard.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-490, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-500 Prehearing conference.

(1) Conference: The presiding officer, as a matter of discretion, with or without a motion from a party, may direct the applicant or applicant's representative to appear before the presiding officer for a conference to consider:

(a) The definition and simplification of issues;

(b) The necessity or desirability of amendments to the pleadings;

(c) The possibility of obtaining admissions of fact and of documents which will be premarked for admission into evidence in order to avoid unnecessary proof;

(d) The limitations of the number of expert witnesses;

(e) Briefing schedules;

(f) Other matters that may aid in the disposition of the proceeding.

(2) Order: The presiding officer shall make a written order that recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for hearing to those not disposed of by admissions of counsel/party. The order when served and filed controls the subsequent course of the case, unless it is modified at the hearing to prevent manifest injustice.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-500, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-510 Evidence.

(1) General rules on admissibility: Presiding officers shall admit and give probative value to evidence that is admissible in the superior courts of the state of Washington in a trial. In addition, a presiding officer may admit and give probative effect to other evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. Presiding officers shall give effect to the rules of privileges recognized in the courts of this state. Presiding officers may exclude irrelevant, immaterial, and duly repetitious evidence.

(2) Stipulations encouraged: Counsel/parties are requested to mark proposed exhibits in advance of hearing and to stipulate to the admission of all exhibits that are not objectionable.

(3) Copies of documents and exhibits: Unless excused from doing so by the presiding officer, a party offering a document or other exhibit in evidence must furnish copies to all other parties.

(4) Official notice: The presiding officer may take notice of judicially cognizable facts, and in addition may take notice of general, technical, or scientific facts within his or her specialized knowledge. Any party may, by motion, ask the presiding officer to take official notice of facts or material. When the presiding officer takes official notice of any facts or material, the presiding officer must notify the parties of what is noticed and afford them reasonable opportunity to contest the noticed facts or material. This may be done at any time before the presiding officer's order becomes final.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-510, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-520 Petitions for review of initial orders—Final orders.

(1) Except in brief adjudicative proceedings, initial orders in all adjudicative proceedings before the department will become final without further action by the department unless, within twenty days of the date of service of the initial order, a petition for review is filed with the person named and the address stated in the initial order for such petition of review.

(2) The provisions of WAC 10-08-211 apply to petitions for review of initial orders.

(3) WAC 468-10-530 governs review of orders in brief adjudicative proceedings.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-520, filed 7/6/94, effective 8/6/94.

Wash. Admin. Code § 468-10-530 Brief adjudicative proceedings.

(1) Pursuant to RCW 34.05.482, the department will use brief adjudicative proceedings where not violative of law and where protection of the public interest does not require the department to give notice and an opportunity to participate to persons other than the parties. The department may use brief adjudicative proceedings for the following matters:

(a) Actions taken by the department with respect to motorist information sign permit applications and revocations under WAC 468-70-070.

(b) Actions taken by the department with respect to hazardous structures or obstacles that obstruct the air space above ground or water level under RCW 47.68.340 and 47.68.350.

(c) Actions taken by the department after the state patrol has confiscated an overweight permit or overlength permit and the department has suspended or revoked the permit under RCW 46.44.105(9).

(d) Actions taken by the department with respect to its motor carrier service office's permit refund policy.

(2) For matters listed in subsection (1) of this section, the department's notice of action shall provide the name and address of the appropriate office at which an application for a brief adjudicative proceeding must be filed. An application for a brief adjudicative proceeding shall be served on the department by certified mail, registered mail, or personal service.

(3) An application for a brief adjudicative proceeding must be filed within twenty days from the date of service of the department's notice of action. Such application shall contain a written explanation of the party's view of the matter and may be supported by affidavits. Other parties may file a written response, including supporting affidavits, within ten days after receipt of the application for a brief adjudicative proceeding. Copies of the response shall be served on all parties.

(4) Brief adjudicative proceedings shall be conducted by a presiding officer for brief adjudicative proceedings designated by the secretary. The presiding officer shall have agency expertise in the subject matter but shall not have personally participated in the decision to issue the initiating document.

(5) The presiding officer may, in his or her discretion, entertain oral argument from the parties or their representatives, at a time and place designated by the presiding officer.

(6) No witnesses may appear to testify.

(7) In addition to the record, the presiding officer may employ agency expertise as a basis for decision.

(8) If the party is present at the time any unfavorable action is taken, the presiding officer shall make a brief oral statement of the reasons for the decision. The decision on an application shall be expressed in a written order which shall be served upon all parties within ten days after entry.

(9) The presiding officer's written decision is an initial order. An initial order shall become the final order within twenty-one days of the date of service.

(10) A petition for review of an initial order shall be served by certified mail, registered mail, or personal service upon the Office of the Secretary of the Washington State Department of Transportation, 3D25 Transportation, Olympia, WA 98504-7316, and copies shall be served on all parties. A petition for review of an initial order shall contain an explanation of the party's view of the matter and a statement of reasons why the initial order is incorrect. Responses to a petition for review of an initial order shall be served on the secretary at the above designated address and on all parties within ten days after receipt of the petition for review.

(11) The secretary or his or her designee shall act as the reviewing officer and shall conduct a review of an initial order upon the timely service of a petition for review or upon his or her own motion. The reviewing officer shall adopt, modify, or reject the initial order; but the reviewing officer shall not take any action on review less favorable to any party without giving that party notice and opportunity to explain the party's view of the matter.

(12) The order on review shall be in writing, shall include a brief statement of the reasons for the decision, and shall be entered within twenty days after the date of the initial order or the petition for review, whichever is later. The order shall include a description of any further available administrative review or, if none is available, a notice that judicial review may be available.

(13) The record in a brief adjudicative proceeding shall consist of any documents regarding the matters that were considered or prepared by the presiding officer for the brief adjudicative proceedings and/or by the reviewing officer for any review.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.01.101(5). WSR 94-14-101 (Order 145), § 468-10-530, filed 7/6/94, effective 8/6/94.

Chapter 468-12 Transportation commission and transportation department State Environmental Policy Act rules.

Wash. Admin. Code § 468-12-010 Authority.

This chapter is promulgated pursuant to the authority granted in RCW 43.21C.120 and chapter 197-11 WAC.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-010, filed 9/14/84. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-12-010, filed 12/20/78. Formerly WAC 252-09-010.

Wash. Admin. Code § 468-12-020 Purpose.

(1) The purpose of this chapter is to establish rules pertaining to the integration of the policies and procedures of the State Environmental Policy Act (SEPA), chapter 43.21C RCW, into the programs, activities, and actions of the department of transportation (hereinafter referred to as the transportation department or the department). The rules contained herein are intended to implement and be consistent with the provisions and purposes of the SEPA guidelines (chapter 197-11 WAC).

(2) These rules are intended to establish procedures for implementing SEPA which reduce duplicative and wasteful practices, establish effective and uniform procedures, encourage public involvement, and promote certainty with respect to the requirements of SEPA.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-020, filed 9/14/84. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-12-020, filed 12/20/78. Formerly WAC 252-09-020.

Wash. Admin. Code § 468-12-055 Timing of the SEPA process.

(1) As provided by WAC 197-11-055, the SEPA process shall be completed before the transportation department is irrevocably committed to a particular course of action. At the same time, the SEPA process should not be undertaken until a proposal is sufficiently definite to permit meaningful environmental analysis.

(2) The threshold determination and any required environmental impact statement (EIS) for transportation department nonproject actions shall be completed prior to official adoption of the action in question.

(3) The threshold determination and any required (EIS) for licensing actions of the transportation department shall be completed prior to issuance of the license or licenses in question. Environmental review relating to licensing actions, when required, shall begin as soon as an application is complete. Applicants shall provide all environmental and design information necessary to prepare the appropriate environmental document. No licensing actions of the department require the submission of environmental documents to planning commissions or similar advisory bodies.

(4) The threshold determination and any required EIS for transportation department actions of a project nature shall in all cases be completed prior to the approval of the location or design of the project in question. A draft EIS shall be prepared prior to the first public hearing which may be held in connection with such project, and shall be made available at such hearing. While the transportation department may present a preferred alternate location or design in a draft EIS, final adoption of a particular location or design shall not occur until a final threshold determination has been made or a final EIS has been prepared.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-055, filed 9/14/84. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-12-055, filed 12/20/78. Formerly WAC 252-09-055.

Wash. Admin. Code § 468-12-060 Content of environmental review—Scope of proposals.

(1) Proposals which are not so closely related to each other as to be, in effect, a single action, and which are related to a large existing or planned network of highways, streets, etc., may be separated, and the present proposal may be treated as the total proposal, or only some of the future elements of a proposed action may be selected for present consideration in a threshold determination or EIS. These categorizations shall be logical with relation to the design of the total system or network, and shall not be made merely to divide a larger system into exempted fragments. These categorizations shall (a) connect logical termini (population centers, major traffic generators, major crossroads, etc.); (b) possess a reasonable degree of independent utility; and (c) promote a meaningful consideration of alternatives by avoiding the necessity of considering numerous combinations of different alternatives.

(2) Functionally related actions which are not categorically exempted by the provisions of WAC 197-11-800, and whose impacts are more significant and more readily analyzable on a "program" than on an "individual action" basis, may be analyzed, for purposes of threshold determinations and EIS preparation, as a total program.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-060, filed 9/14/84. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-12-060, filed 12/20/78. Formerly WAC 252-09-060.

Wash. Admin. Code § 468-12-455 Issuance of draft EIS.

In addition to the circulation procedures specified by mandatory subsection of WAC 197-11-455(1), the draft EIS shall be made available at public libraries or other public places determined by the department to be appropriate and stated in the notice of availability of the draft EIS. Notice of the availability of the draft EIS shall be as stated under WAC 468-12-510.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-455, filed 9/14/84.

Wash. Admin. Code § 468-12-460 Issuance of final EIS.

(1) As permitted in general terms by the provisions of WAC 197-11-460, the normal sixty-day period for preparation of a final EIS may be extended whenever the proposal is unusually large in scope, or where the environmental impact associated with the proposal is unusually complex. The determination that additional time is required for preparation of the final EIS shall be made in writing by the responsible official or his designee and shall be accompanied by a brief statement explaining the reason that additional time is required.

(2) Availability of the final EIS shall be as stated under WAC 468-12-510.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-460, filed 9/14/84. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-12-460, filed 12/20/78. Formerly WAC 252-09-460.

Wash. Admin. Code § 468-12-510 Public notice procedures.

(1) The department shall inform the public of actions requiring notice and invitation to comment under WAC 197-11-502 and 197-11-510 in the following manner:

(a) For a determination of nonsignificance (DNS) or a mitigated DNS, issued under WAC 197-11-340(2) and 197-11-350 and requiring public notice under WAC 197-11-502 (3)(b); by (i) sending a copy of the DNS and the letter of transmittal sent to the department of ecology pursuant to WAC 197-11-508, to a newspaper of general circulation in the county, city, or general area where the proposed action is located, agencies with jurisdiction, affected Indian tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and (ii) any other agency, organization, or member of the public who has made a specific request for information on the proposed action in writing to the department. Each person requesting information shall submit such request individually in writing by mail.

(b) For a determination of significance (DS) issued under WAC 197-11-360 and requiring public notice under WAC 197-11-502 (4)(a); by (i) publishing notice in a newspaper of general circulation in the county, city, or general area where the proposed action is located; (ii) sending a copy of the DS to any agencies with jurisdiction, affected Indian tribes, and any other agencies, members of the public, and organizations who have commented on the proposed action in writing to the department or expressed in writing to the department an interest in the proposed action; and (iii) using one or more of the other methods specified in WAC 197-11-510 (1)(a), (d), (e), and (f), as selected by the department;

(c) For a draft EIS issued under WAC 197-11-455 and requiring public notice under WAC 197-11-455(5) and for a public hearing held under WAC 197-11-535 and requiring public notice under WAC 197-11-502(6); by (i) publishing notice in a newspaper of general circulation in the county, city, or general area where the proposed action is located; (ii) sending notice of the availability of the draft EIS or the notice of the hearing to any agencies with jurisdiction, affected Indian tribes, and any other agencies, members of the public, and organizations who have commented on the proposed action in writing to the department or expressed in writing to the department an interest in the proposed action; and (iii) using one or more of the other methods specified in WAC 197-11-510 (1)(a), (d), (e), and (f), as selected by the department;

(d) For a final EIS issued under WAC 197-11-460 the document shall be sent to (i) the department of ecology (two copies), (ii) all agencies with jurisdiction, (iii) all agencies who commented on the draft EIS, and (iv) anyone requesting a copy of the final EIS. (As determined by the department a fee may be charged for the final EIS in accordance with WAC 197-11-504);

(e) For a notice of administrative review issued and requiring public notice pursuant to WAC 468-12-680:

(i) By publishing notice on the same day of each week for two consecutive weeks in a legal newspaper of general circulation in the area where the proposed action is located;

(ii) By filing notice of such action with the department of ecology in Olympia prior to the date of the last newspaper publication, and by one of the following methods which shall be accomplished prior to the date of the last newspaper publication:

(A) Mailing to the latest recorded real property owners, as shown by the records of the county treasurer, who share a common boundary line with the property upon which the project is proposed through United States mail, first class, postage prepaid; or

(B) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed;

(iii) The form of such notice of administrative review shall be substantially as follows:

| NOTICE OF ADMINISTRATIVE REVIEW WASHINGTON STATE DEPARTMENT OF TRANSPORTATION | | | --- | --- | | NOTICE IS GIVEN UNDER SEPA, CHAPTER 43.21C RCW, WAC 197-11-680, 468-12-680, AND 468-12-510, THAT THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TOOK THE ACTION DESCRIBED IN 2. BELOW ON . . . . . . | | | 1. ANY ACTION TO SET ASIDE, ENJOIN, REVIEW, OR OTHERWISE CHALLENGE SUCH ACTION ON THE GROUNDS OF NONCOMPLI-ANCE WITH THE PROVISIONS OF CHAPTER 43.21C RCW (STATE ENVIRONMENTAL POLICY ACT) SHALL BE COMMENCED BY ADMINISTRATIVE REVIEW, ON OR BEFORE . . . . . . A PARTY DESIRING JUDICIAL REVIEW OF THE DECISION RESULTING FROM SUCH ADMINISTRATIVE REVIEW SHALL COMMENCE SUCH APPEAL WITHIN: (A) NINETY DAYS OF THE ISSUANCE OF THIS NOTICE OF ACTION OR (B) THIRTY DAYS AFTER SERVICE OF THE FINAL DECISION OF THE DEPARTMENT, WHICHEVER IS LATER. | | | 2. DESCRIPTION OF AGENCY ACTION: . . . . | | | . . . . | | | . . . . | | | 3. DESCRIPTION OF PROPOSAL: . . . . | | | . . . . | | | . . . . | | | 4. LOCATION OF PROPOSAL: . . . . | | | . . . . | | | . . . . | | | 5. TYPE OF ENVIRONMENTAL REVIEW UNDER SEPA: . . . . | | | . . . . | | | 6. DOCUMENTS MAY BE EXAMINED DURING REGULAR BUSINESS HOURS AT: | | | . . . . | | | 7. THIS NOTICE IS FILED BY . . . . . . . . . . . . . . . . . . . . . . . . . . . . , P.E. | | | | PROJECT DEVELOPMENT ENGINEER | | | DATE: . . . . | | THIS DETERMINATION MAY BE APPEALED IN WRITING TO: PROJECT DEVELOPMENT ENGINEER; TRANSPORTATION BUILDING, MAILSTOP KF-01; OLYMPIA, WA 98504 NO LATER THAN . . . . | | | YOU SHOULD BE PREPARED TO MAKE SPECIFIC FACTUAL OBJECTIONS. CONTACT LOCATION DESIGN ENGINEER; TRANSPORTATION BUILDING; MAILSTOP KF-01; OLYMPIA, WA 98504; PHONE (360) 753-6141 TO READ OR ASK ABOUT THE PROCEDURES FOR SEPA APPEALS. | |

(2) If the department selects WAC 197-11-510 (1)(a), posting the property, as a public notice procedure, it shall do so by posting notices at major road and pedestrian intersections along the project.

(3) SEPA notices may be combined with other department notices.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 88-01-029 (Order 111), § 468-12-510, filed 12/10/87
WSR 84-19-030 (Order 90), § 468-12-510, filed 9/14/84.

Wash. Admin. Code § 468-12-660 Substantive authority and mitigation.

(1) It is the policy of the department that significant adverse economic, social, and environmental effects relating to any proposed department action should be fully considered in planning and implementing such action, and that final decisions on such action should be made in the best overall public interest, and taking into consideration (a) the need for fast, safe, efficient, and economical transportation and public services reasonably responsive to the public's preferences, (b) the adverse environmental, social, and economic effects of the proposed action and alternative courses of action, and (c) the costs of eliminating or minimizing such adverse effects.

(2) The provisions of this chapter shall be interpreted in accord with this policy. This policy shall also govern substantive decisions made by the department.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-660, filed 9/14/84.

Wash. Admin. Code § 468-12-680 Administrative review.

(1) The administrative review process described in this section shall apply only to actions of the department where the department publishes a notice of administrative review and where no public hearing pursuant to either chapter 47.52 or 43.21C RCW has been provided. The notice of administrative review shall describe the action to be taken and the environmental document upon which the action is based and prescribe the availability of this administrative review process to challenge the action and its environmental documents. The notice of administrative review shall be published pursuant to WAC 197-11-510. All actions of the department not subject to the administrative review process defined herein, shall be subject to applicable judicial review. The department may file a notice of action as provided for in RCW 43.21C.080 for such actions.

(2) Any person aggrieved by the department's determination to proceed with an action which is subject to administrative review as provided in subsection (1) of this section without preparation of an EIS or with preparation of an EIS alleged to be inadequate shall appeal such determination administratively before seeking judicial review thereof. Appeals of procedural and substantive determinations shall be combined (for example, an appeal of the adequacy of an EIS or the necessity of preparing an EIS must be combined with an appeal of the department's decision on the proposed action).

(3) For any action subject to the administrative review process, any determination by the department (a) that it will proceed with the action without preparation of an EIS, (b) that it will proceed with the action after preparation of an EIS, or (c) that the EIS prepared by the department is adequate, shall become final unless the aggrieved party serves on the project development engineer of the department a written request for administrative review within thirty days of the date of the filing of the department's notice of administrative review as authorized by RCW 43.21C.075. Upon receipt of such a request, the department shall afford an aggrieved party a hearing in accordance with chapter 34.04 RCW and chapter 468-10 WAC relating to contested cases. In reaching a decision based upon such a hearing, procedural determinations made by the responsible official shall be entitled to substantial weight.

(4) If a party wishes to obtain judicial review of the administrative review decision concerning that party, the aggrieved party shall first submit a notice of intent to do so with the responsible official of the department within the time period for commencing a judicial appeal as provided in subsection (5) of this section.

(5) As provided in RCW 43.21C.075 and WAC 197-11-680, a party desiring judicial review of the administrative review decision concerning that party shall commence such appeal within (a) ninety days of the issuance of notice of administrative review by the department pursuant to RCW 43.21C.080, or (b) thirty days after service of the final decision of the department as provided in RCW 34.04.130, whichever is later.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 88-01-029 (Order 111), § 468-12-680, filed 12/10/87
WSR 84-19-030 (Order 90), § 468-12-680, filed 9/14/84.

Wash. Admin. Code § 468-12-704 Activities exempted from definition of "action."

The following activities are exempted from the definition of "action" because they are nonproject actions for which approval must be obtained from a federal agency prior to implementation as provided in WAC 197-11-704 (2)(b)(iii):

(1) National transportation studies;

(2) Federal-aid system designations;

(3) National functional classification of highways and determination of needs.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-704, filed 9/14/84.

Wash. Admin. Code § 468-12-800 Categorical exemptions.

The following activities of the department are within the categorical exemptions contained in the indicated subsections of WAC 197-11-800:

(1) The repair, maintenance, or minor alteration of existing private or public structures, facilities or equipment, as provided in WAC 197-11-800(3) including, but not limited to:

(a) Burning of weeds or brush within right of way limits;

(b) Preparation, storage, and application of sand and de-icing chemicals;

(c) Disposal and/or treatment of sewage generated on transportation department property in accordance with state and local regulations;

(d) Right of way mowings;

(e) Snow removal and avalanche control;

(f) Erosion control measures;

(g) Stormwater disposal procedures not involving significant changes in existing drainage patterns and quantities outside of transportation right of way;

(h) Street, road, rail, and airport cleaning and sweeping;

(i) Litter pickup and disposal;

(j) Removal and disposal of debris;

(k) Application of right of way fertilizer;

(l) Planting, thinning, and removal of roadside, railside, or airport vegetation as required for landscaping and maintenance purposes;

(m) Dead animal removal and disposal;

(n) Pavement burning;

(o) Maintenance and fencing of game crossings;

(p) Pit and sundry site reclamation;

(q) Waste oil disposal;

(r) Maintenance of chemical toilets;

(s) Control and disposal of roadway spills;

(t) The periodic application of approved pesticides to transportation rights of way to maintain design conditions as provided in WAC 197-11-800(24);

(u) All repair, maintenance, or minor alteration of existing transportation pavement, drainage facilities, rails, earthwork, bridges, tunnels, guardrails, railroad protective devices, signs, paths, trails, buildings, toll booths, radio and telephone equipment, air quality equipment, rest area facilities, storage facilities, pit sites, airports, and other physical features and structures within the jurisdiction of the transportation department.

(2) Adoptions or approvals of utility, transportation, and solid waste disposal rates, as provided in WAC 197-11-800(15) including, but not limited to, the establishment of or changes in toll rates.

(3) Information collection and research, as provided by WAC 197-11-800(17) including, but not limited to, the development, adoption, and revision of transportation plans and six-year construction programs, and any other studies, plans, and programs which lead to proposals which have not yet been approved, adopted, or funded, and which do not commit the transportation department to proceed with the proposals contained therein.

History

Statutory Authority: RCW 43.21C.120. WSR 25-01-123, s 468-12-800, filed 12/16/24, effective 1/16/25. Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-800, filed 9/14/84.

Wash. Admin. Code § 468-12-880 Exemptions for emergency actions.

The emergency exemptions defined in WAC 197-11-880 include, but are not limited to, the following emergency actions taken by the department.

(1) Issuance of emergency load restrictions on highways and bridges;

(2) Performance of emergency protection or restoration of highways and other transportation facilities under circumstances defined in RCW 47.28.170;

(3) Approval of funding for emergency projects;

(4) Emergency disposal of hazardous material;

(5) Emergency disaster maintenance;

(6) Installation, removal, or alteration of emergency generator equipment;

(7) Restriction of use of bridges due to structural deterioration;

(8) Emergency removal of materials dangerous to highways, bridges, or other transportation facilities.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-880, filed 9/14/84.

Wash. Admin. Code § 468-12-904 Incorporation of chapter 197-11 WAC.

(1) The provisions of chapter 197-11 WAC (SEPA guidelines adopted by the department of ecology on January 26, 1984), are hereby adopted by the department, and are incorporated in and made a part of this chapter by reference herein, to the extent that the SEPA guidelines are applicable to the programs, activities, and actions of the department.

(2) The provisions of this chapter are intended to implement the provisions of chapter 197-11 WAC, and to be consistent therewith.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-904, filed 9/14/84.

Wash. Admin. Code § 468-12-910 Designation of responsible official.

The responsible official for any project or nonproject actions not described below shall be the secretary of the department. The responsible official for all project and nonproject EIS's is the project development engineer in Olympia. The responsible official for determinations of significance and determinations of nonsignificance on project actions is the district administrator in the district where the action is located.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-910, filed 9/14/84.

Wash. Admin. Code § 468-12-912 Procedures when consulted.

When a request by another agency for consultation is made pursuant to the provisions of WAC 197-11-912, such request shall be referred for response to the project development office of the department in Olympia who shall coordinate the research and field investigations which may be necessary, and supervise the transmittal of the requested information to the lead agency within the time periods specified by WAC 197-11-502.

History

Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-912, filed 9/14/84.

Chapter 468-15 Small works roster.

Wash. Admin. Code § 468-15-010 Purpose and authority.

WAC 468-15-010

This chapter is adopted pursuant to RCW 39.04.151 and 39.04.152, which requires a state agency establishing a small works roster or rosters to adopt rules implementing the statute. It is further intended to:

(1) Establish procedures for solicitation of contractors interested in being placed on the department's small works roster(s).

(2) Provide a fair cost effective alternative method of contracting through the small works roster process.

(3) Provide for a clear concise method for a contractor to qualify for placement on the department's small works roster(s).

(4) Provide for an appeal and for a hearing procedure, for denial, suspension, or removal from a small works roster.

History

Statutory Authority: RCW 47.01.101, 47.28.030, 39.04.151, and 39.04.152. WSR 26-13-051, s 468-15-010, filed 6/11/26, effective 7/12/26. Statutory Authority: RCW 47.01.101, 39.04.155. WSR 03-03-012, § 468-15-010, filed 1/7/03, effective 2/7/03.

Wash. Admin. Code § 468-15-020 Contractor prequalification.

WAC 468-15-020

No contract for the construction, alteration, improvement, or repair of any state highway, or any ferry, or of any other public highway to be awarded and administered by the department of transportation, may be awarded to any contractor who has not first been prequalified to perform the work per the requirements of chapter 468-16 and/or 468-310 WAC. Bidding proposals will be issued only to prequalified contractors. Only prequalified contractors will be placed on a small works roster.

History

Statutory Authority: RCW 47.01.101, 47.28.030, 39.04.151, and 39.04.152. WSR 26-13-051, s 468-15-020, filed 6/11/26, effective 7/12/26. Statutory Authority: RCW 47.01.101, 39.04.155. WSR 03-03-012, § 468-15-020, filed 1/7/03, effective 2/7/03.

Wash. Admin. Code § 468-15-030 Public notice required by department establishing small works roster.

The department will at a minimum once per year provide a public notice to the contracting community encouraging contractors to submit applications for inclusion on the small works roster. Such notice may be mailed directly to trade associations or to individual contractors, by publishing the notice in one trade publication of general circulation within the state, a minimum once per week for two weeks, preceding the date for establishment of the small works roster, or by any method reasonably calculated to assure that all contractors in the state of Washington are aware of the opportunity to be included on the small works roster. The notice shall include the address and phone number, of the department's contract ad and award office from which to request the required questionnaire form for application and approval to be placed on the small works roster.

History

Statutory Authority: RCW 47.01.101, 39.04.155. WSR 03-03-012, § 468-15-030, filed 1/7/03, effective 2/7/03.

Wash. Admin. Code § 468-15-040 Contractors questionnaire form—Information required.

WAC 468-15-040

Contractors desiring to be included on a small works roster established by Washington state department of transportation pursuant to RCW 39.04.151 and 39.04.152, shall submit a completed small works roster questionnaire on a form prescribed by the secretary of transportation. Copies of the form may be obtained from the department's contract ad and award office. The completed questionnaire shall be prepared and transmitted to the secretary, attention: Contractor prequalification office. The questionnaire shall include the following information:

(1) The contractor's name, address, telephone number, fax number, email address, and type of organization (corporation, partnership, sole proprietorship, etc.);

(2) A statement of ownership of the firm and, if a corporation, the name of the parent corporation, if any, and the names of any affiliated or subsidiary companies;

(3) State contractor's license number;

(4) State of Washington unified business identifier number (UBI) and UBI expiration date;

(5) Federal tax ID number;

(6) List of classes of work as enumerated on the form that the firm desires to be considered for such work class;

(7) Indication of those counties in which the contractor is interested in being considered for small works projects;

(8) Indication whether the contractor is certified as a minority or women's business enterprise or a disadvantaged business enterprise by the office of minority women business enterprises;

(9) List all contracts or subcontracts performed in whole or in part within the immediate three preceding years. Include the contract amount, date of completion, classes of work performed, owner or prime contractor's name, mailing address, phone number, fax number, and name of a contact person for the owner/prime for which the contractor performed the work. Only that work completed by the contractor's own organization under its own supervision will be considered for qualification. A minimum three completed projects must be listed.

(a) Personnel requirements.

(i) List principal officers and key employees indicating their years of experience in the classes of work for which qualification is sought.

(ii) A firm must have, within its own organization, qualified permanent, full-time personnel having the skills and experience including, if applicable, technical or specialty licenses, for each work class for which qualification is sought. Those firms seeking qualification for electrical work (classes 9, 16, 41, and 42) must provide photocopies of current Washington state electrical licenses. The skills and experience must be substantiated by education and practical experience on completed construction projects.

(iii) "Its own organization" shall be construed to include only the contractor's permanent, full-time employed office and site supervisory personnel. Workers of the organization shall be employed and paid directly by the prime contractor.

(b) The applicant shall list the following occurrences within the previous three years:

(i) Instances of having been denied qualification, or a license, or instances of having been deemed other than responsible by any public agency.

(ii) Convictions for felonies listed in WAC 468-16-050.

(iii) Failure to complete a contract.

(i) A small works roster questionnaire will be reviewed and a written notice provided to the applicant, within 30 days of its receipt, stating whether or not the applicant has qualified for or been denied qualification for the small works roster. The applicant will be advised of lack of receipt of data corroborating project completion and error or omissions in the questionnaire and a request for additional information necessary to complete the evaluation of the applicant. If the information is not provided within 20 calendar days of the request, the application will be processed, if possible, with the information available or it will be returned to the applicant without further action.

(ii) The department will enter the contractor's information on the appropriate small works roster. The department will notify the contractor by letter of placement on the appropriate small works roster. An applicant should not consider itself enrolled on the small works roster until receipt of such written notice.

It is the responsibility of the contractor to notify the department of any incorrect information set forth in the notice, and to notify the department of any change in the information set forth in its application.

History

Statutory Authority: RCW 47.01.101, 47.28.030, 39.04.151, and 39.04.152. WSR 26-13-051, s 468-15-040, filed 6/11/26, effective 7/12/26. Statutory Authority: RCW 39.04.155, 47.01.101, 47.28.030. WSR 06-24-118, § 468-15-040, filed 12/6/06, effective 1/6/07. Statutory Authority: RCW 47.01.101, 39.04.155. WSR 03-03-012, § 468-15-040, filed 1/7/03, effective 2/7/03.

Wash. Admin. Code § 468-15-050 Denial or removal of contractor from small works roster—Reasons.

A contractor may be denied placement on or, after such placement, may be removed from a small works roster for any one or more of the following reasons:

(1) Information set forth in the contractor's application is not accurate or can not be verified;

(2) The contractor fails to notify the department maintaining the small works roster of any changes in the information set forth in its original application for placement on the small works roster within thirty days of the effective date of the change;

(3) The contractor fails to respond to five solicitations for bids on jobs offered through the small works roster;

(4) The contractor's past performance demonstrates a lack of qualification in any specialty area indicated by the contractor in the application for placement on the small works roster;

(5) The contractor fails to complete and return to the department maintaining the small works roster any periodic update submitted by the department to determine the contractor's ongoing interest in maintaining its placement on the small works roster;

(6) Conviction of the firm or its principals of violating a federal or state antitrust law by bid-rigging, collusion, or restraint of competition between bidders; or conviction of violating any other federal or state law related to bidding or contract performance; or

(7) Knowingly concealing any deficiency in the performance of a prior contract; or

(8) Falsification of information or submission of deceptive or fraudulent statements in connection with prequalification, bidding, performance of a contract, or in legal proceedings; or

(9) Debarment of the contractor by a federal or state agency; or

(10) Willful disregard for applicable laws, rules or regulations.

The reasons for the denial or removal from the small works roster must be based on acts or omissions which took place within the five years preceding the date of the most recent submitted questionnaire.

History

Statutory Authority: RCW 47.01.101, 39.04.155. WSR 03-03-012, § 468-15-050, filed 1/7/03, effective 2/7/03.

Wash. Admin. Code § 468-15-060 Hearings procedure.

(1) Whenever the department believes that grounds exist to deny the contractor placement on a small works roster or to suspend or remove the contractor from the roster, notice of such grounds shall be given to the contractor by first-class mail. If the contractor fails to object or request a hearing within twenty calendar days after the mailing of said notice, then the denial, suspension or removal shall be made effective. If the contractor requests a hearing by certified mail within twenty calendar days after the mailing of the notice, a hearing shall be conducted in accordance with the procedure set forth in this section. Unless the department is otherwise prohibited from contracting with the contractor, the denial, suspension or revocation shall not become effective until the final decision of the secretary has been rendered.

(2) The secretary shall designate a hearing official to conduct any hearing held under this section. The hearing official shall furnish written notice by certified mail of a hearing to the contractor and any named affiliates at least twenty calendar days before the effective date of suspension or revocation or denial of qualification for placement on the small works roster. The notice shall state:

(a) That suspension or revocation or denial of qualification for placement on the small works roster is being considered.

(b) The effective date of the proposed action.

(d) The cause or causes relied upon for proposing the action, i.e., fraud, statutory violations, etc.

(e) If suspension is proposed, the duration of the suspension.

(f) That the contractor may, within twenty calendar days of receipt of the notice, submit to the hearing official by certified mail, return receipt requested, information and argument in opposition to or in clarification of the proposed action.

(g) When the action is based on a conviction, judgment, or admission, fact finding shall be conducted if the hearing official determines that the contractor's submission raises a genuine dispute over material facts upon which the denial, suspension or revocation is based or whether the causes relied upon for proposing suspension or revocation exist.

(h) The time, place, and date of the hearing.

(i) The name and mailing address of the hearing official.

(j) That proposals shall not be issued nor contracts awarded to the contractor subsequent to the dispatch of the notice of hearing pending the final decision of the secretary.

(3) The hearing official may extend the date of any hearing upon request of the contractor, but the hearing shall not be extended beyond forty-five calendar days from the date of the notice. The hearing official shall schedule and conduct the hearing within thirty calendar days of the date of the notice, except when an extension is granted as provided in this subsection.

(4) In the course of the hearing, the hearing official shall:

(a) Regulate the course and scheduling of the hearings;

(b) Rule on offers of proof, receipt of relevant evidence, and acceptance of proof and evidence as part of the record;

(d) At the conclusion of the hearing, issue written findings of fact and recommended administrative action to the secretary. The hearing officer shall deliver the entire record to the secretary.

(5) The contractor shall have the opportunity to be present and appear with counsel, submit evidence, present witnesses, and cross-examine all witnesses. A transcribed or taped record shall be made of the hearing unless the secretary and the contractor waive the transcript or taping requirement. The transcript or tape shall be made available, at cost, to the contractor and all named affiliates upon request.

In actions where it has been established by conviction, judgment or admission, or where it has been established by findings made in accordance with this chapter, that the named contractor has engaged in conduct described in WAC 468-15-050 and the sole issue before the hearing official is the appropriateness of revocation of qualification or the length of suspension of qualification to be recommended to the secretary, prior judicial or administrative decision or findings shall not be subject to collateral attack.

The secretary, after receiving the record, findings of fact, and recommendations of the hearing official shall determine the administrative action to be taken. The secretary shall notify the contractor of his determination in writing.

Upon denial, suspension or revocation of qualification for placement on the small works roster, the respondent may appeal there from to the superior court of Thurston County pursuant to RCW 47.28.070. If the appeal is not made within the time prescribed in that statute, the department's action shall be conclusive.

History

Statutory Authority: RCW 47.01.101, 39.04.155. WSR 03-03-012, § 468-15-060, filed 1/7/03, effective 2/7/03.

Chapter 468-16 Prequalification of contractors.

Wash. Admin. Code § 468-16-010 General.

No contract for the construction, improvement or repair of any state highway, or of any other public highway to be awarded and administered by the department of transportation, may be awarded to any contractor who has not first been prequalified to perform the work. Bidding proposals will be issued only to prequalified contractors.

History

Statutory Authority: RCW 47.01.101, 47.28.030 and 47.28.070. WSR 91-04-014 (Order 128), § 468-16-010, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-020 Purpose.

This chapter is promulgated to assure that contractors engaged in the improvement and construction of state highways possess the necessary qualifications as required by RCW 47.28.070. It is further intended to:

(1) Establish a method for determining a contractor's qualifications to undertake department work and for the retention of that qualification.

(2) Provide a means for contractors to enhance their prequalification status and bidding capacity through higher standards of performance.

(3) Increase the opportunity for a better relationship between the department and construction contracting firms.

(4) Provide for the award, denial, suspension, or revocation of qualification; denial of proposal issuance; and for a hearing procedure, if required, for such actions.

History

Statutory Authority: RCW 47.01.101, 47.28.030 and 47.28.070. WSR 91-04-014 (Order 128), § 468-16-020, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-030 Definitions.

The definitions set forth in this section apply throughout this chapter and have the following meanings, unless the context clearly indicates otherwise.

(1) Above standard - Performance ranging from standard to that meeting the lower range of superior.

(2) Active contractor - A contractor who has participated in department activities through maintaining required prequalification and having a history of performing department work.

(3) Affiliate - An associate, subordinate associate, or subsidiary firm which may involve the intermingling of funds, officers, or officials of one or more firms.

(4) Assistant secretary of engineering and regional operations - The primary representative of the secretary of transportation responsible for the highway construction program and for the qualification of contractors employed thereon.

(5) Below standard - Performance bordering on standard extending to the limits of inadequate.

(6) Bidding proposal - A form issued by the department for the submission of a contractor's bid containing spaces for entering bid amounts, authentication, and other data.

(7) Capacity multiplier - A number between 5.0 and 7.5 multiplied by a firm's net worth to calculate its maximum bidding capacity.

(8) Conditional qualification - A temporary qualification status given a contractor or design-builder who has received a "below standard" or "inadequate" overall rating or for other reasons which result in restrictions to a contractor's ability to bid on department work or a design-builder's ability to be short listed.

(9) Contractor - Any person, partnership, firm, corporation or joint venture who or which, in the pursuit of an independent business, undertakes, offers to undertake, or submits a bid to perform construction work for the department.

(10) Department - The department of transportation.

(11) Design-builder - Any firm, corporation, partnership, or joint venture that acts as a single entity to perform both design and construction phases of a project.

(12) Endorser - The region operations engineer or immediate supervisor of the construction project engineer, or project architect or, under specified conditions, the region administrator responsible for reviewing contractor's or design-builder's performance reports.

(13) Inadequate - Performance failing completely to meet the prescribed standard or requirement.

(14) Instructions to proposers - A document containing requirements for a proposal submitted by a design-builder.

(15) Integrity - The quality of being of sound moral principle, uprightness, honesty, and sincerity.

(16) Joint venture - Two or more persons, sole proprietorships, companies, corporations, or combinations thereof, entering into an agreement for a business venture such as a construction project.

(17) Limited work class - A work classification given when a contractor or design-builder lacks the total experience, organization, equipment, or skills required to perform the entire range of work within a work class.

(18) Maximum capacity rating - The total value of uncompleted prime contract work a contractor or design-builder is permitted to have under contract with the department at any time.

(19) Performance inquiry - A request made to a contractor's or design-builder's previous employers for an evaluation of the quality and manner of that contractor's or design-builder's performance.

(20) Performance rating - A numerical rating which is equal to the grand total of the evaluation elements of the performance report used to measure and quantify the quality of contractor or design-builder performance.

(21) Prequalification - The process of evaluating a contractor's or design-builder's financial status, organizational structure, experience, integrity, and other required qualifications to determine a contractor's responsibility and suitability for performing department work. This term is used interchangeably with qualification.

(22) Performance report - A report prepared to evaluate the performance of a prime contractor or design-builder upon completion of, or at an interim period during a department project which is used to adjust a prime contractor's or design-builder's qualification status. Such reports are designated as either a prime contractor performance report or a design-builder performance report.

(23) Project estimate - A document prepared by the department establishing the estimated value of all items of work, the total estimated value of work within each class of work, and the estimated total value of a project.

(24) Proposal - A document submitted by a design-builder, containing technical approach and pricing, in response to instructions to proposers document.

(25) Rater - The designated individual, normally the project engineer, responsible for evaluation of the quality and manner of performance of a contractor or design-builder in the completion of a project.

(26) Request for qualifications - A document requesting the submittal of a statement of qualifications from a design-builder.

(27) Revocation of qualification - The act by which a contractor's qualification is terminated.

(28) Secretary - The secretary of transportation who may delegate functions under this chapter to the assistant secretary of engineering and regional operations or such other individual as deemed appropriate.

(29) Short list - A document listing design-builders who, upon evaluation of statements of qualifications, qualify for submission of a proposal.

(30) Standard - The expected, acceptable quality of performance, considered to meet the demand, need or requirement.

(31) Standard questionnaire - The application form completed by a contractor or design-builder to present information relating to the applicant's financial status, experience, organization, and equipment for the purpose of becoming qualified to perform department work.

(32) Statement of qualifications - A document submitted by a design-builder in response to a request for qualifications document.

(33) Superior - Preeminent performance consistently at an extremely high level.

(34) Suspension of qualification - The termination of a contractor's qualification for a specified period of time.

(35) Unsatisfactory - Below standard or inadequate performance, failing to meet requirements.

(36) Work class - A specific type of work within the various classifications of work, e.g., grading, draining, fencing, etc.

(37) Work class rating - The maximum value within a class of work that is used to determine a firm's eligibility to receive a bid proposal or submit a statement of qualifications document for a single project.

History

Statutory Authority: RCW 47.28.070. WSR 25-23-007, s 468-16-030, filed 11/6/25, effective 12/7/25. Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 15-01-170, § 468-16-030, filed 12/23/14, effective 1/23/15
WSR 97-09-045 (Order 168), § 468-16-030, filed 4/15/97, effective 5/16/97
WSR 93-03-020 (Order 134), § 468-16-030, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-030, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-040 Criteria for a determination of an unsatisfactory record of performance.

The following list of deficiencies may be considered cause for a determination that an unsatisfactory record of performance exists:

(1) Failure to complete project on time; or

(2) Continued workmanship below the level of standard; or

(3) Failure to adhere to the plans and specifications; or

(4) Disregard for the welfare or safety of traveling public; or

(5) Inadequate supervision and control of subcontractors; or

(6) Insufficient supervision available on project site; or

(7) Inadequate coordination and planning with owner; or

(8) Inadequate procurement and delivery of supplies and materials; or

(9) Inadequate control and utilization of equipment; or

(10) An overall performance rating in the performance report of less than standard as defined in WAC 468-16-030 and 468-16-150.

History

Statutory Authority: RCW 47.28.070. WSR 25-23-007, s 468-16-040, filed 11/6/25, effective 12/7/25. Statutory Authority: RCW 47.01.101, 47.28.030 and 47.28.070. WSR 93-03-020 (Order 134), § 468-16-040, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-040, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-050 Criteria for a determination of an unsatisfactory record of integrity and judgment.

(1) The following deficiencies may be cause for a determination that an unsatisfactory record of integrity and judgment exists:

(a) Conviction of the firm or its principals of violating a federal or state antitrust law by bid-rigging, collusion, or restraint of competition between bidders; or conviction of violating any other federal or state law related to bidding or contract performance; or

(b) Knowingly concealing any deficiency in the performance of a prior contract; or

(c) Falsification of information or submission of deceptive or fraudulent statements in connection with prequalification, bidding, performance of a contract, or in legal proceedings; or

(d) Debarment of the contractor by a federal or state agency; or

(e) Willful disregard for applicable laws, rules or regulations.

(2) Only such data relating to subsection (1)(a) through (e) of this section having taken place within three years next preceding the date of the most recently submitted standard questionnaire may be used for the purpose of this section.

History

Statutory Authority: RCW 47.01.101, 47.28.030 and 47.28.070. WSR 93-03-020 (Order 134), § 468-16-050, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-050, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-060 Criteria for a determination of inability to comply with performance schedules.

The following discrepancies may be cause for a determination of inability to comply with performance schedules:

(1) A majority of responses to inquiries made to owners of previously completed projects reveal that projects have not been completed on time; or

(2) A major portion of projects completed within the last three years for the department have not been completed on time; or

(3) When two or more consecutive performance reports are rated below standard in the area of "progress of work"; or

(4) Neglectful or willful failure to meet interim completion dates as defined in the contract.

History

Statutory Authority: RCW 47.01.101, 47.28.030 and 47.28.070. WSR 93-03-020 (Order 134), § 468-16-060, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-060, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-070 Criteria for a determination of the lack of necessary experience, organization, or technical qualifications.

A determination of lack of necessary experience, organization, or technical qualification may be made when data has been presented which reveals:

(1) A lack of prior experience in the classes of work for which qualification is sought; or

(2) That supervisory experience of key personnel responsible for prior projects has been reported predominantly below standard or less than satisfactory on performance reports and responses to inquiries made to other project owners or agencies; or

(3) That permanent employment status of key supervisory personnel has not been of a duration of at least one year or for the duration of the project in which they have been engaged; or

(4) That previous work experience in a work class presented for qualification did not conform to plans and specifications for the project; or

(5) That work claimed by the contractor was completed by others.

History

Statutory Authority: RCW 47.01.101, 47.28.030 and 47.28.070. WSR 93-03-020 (Order 134), § 468-16-070, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-070, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-080 Qualification procedures for projects under one hundred thousand dollars.

(1) Contractors may be qualified for projects valued under one hundred thousand dollars through submission of a project specific prequalification questionnaire. Submission of a limited prequalification questionnaire (DOT form 272-063) to the contract advertisement and award office or designee is required, except when the contractor is currently prequalified with the department of transportation under the provisions of chapter 468-16 WAC.

(2) Procedures for letting contracts valued under one hundred thousand dollars are published in the Contract Advertisement and Award Manual.

History

Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 15-01-170, § 468-16-080, filed 12/23/14, effective 1/23/15
WSR 00-14-055, § 468-16-080, filed 7/3/00, effective 8/3/00
WSR 97-09-045 (Order 168), § 468-16-080, filed 4/15/97, effective 5/16/97
WSR 91-04-014 (Order 128), § 468-16-080, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-090 Standard questionnaire.

The standard questionnaire and financial statement shall be prepared and transmitted to the secretary, Attn: Contract advertisement and award office. The questionnaire shall include the following information:

(1) The contractor's name, address, phone number, facsimile number, email address, and type of organization (corporation, partnership, sole proprietorship, etc.).

(2) A list of the classes of work for which the contractor seeks qualification.

(3) A statement of the ownership of the firm and, if a corporation, the name of the parent corporation, if any, and the names of any affiliated or subsidiary companies.

(4) A certificate of authority from the office of the secretary of state to do business in Washington state if the applicant is an out-of-state corporation.

(5) A list of officials within the applicant firm who are also affiliated with other firms involved in construction work as a contractor, subcontractor, supplier, or consultant; including the name of the firm and their relationship with the affiliate firm.

(6) A complete list of the highest valued contracts or subcontracts performed in whole or in part within the immediate three years preceding application. The contract amount, contract number, date of completion, class of work; and the name, mailing address, email address, and phone number of the project owner or agency representative must be provided for those projects listed. Only that work completed by the contractor's own organization under its own supervision will be considered for prequalification purposes. A minimum of five completed projects must be listed.

(7) Personnel requirements.

(a) A listing of the principal officers and key employees indicating their years of experience in the classes of work for which prequalification is sought. For qualification in a class of work based on newly acquired personnel rather than the firm's past contract experience, the newly acquired personnel must be available for future employment for the full year for which qualification is sought unless replacement personnel have been approved. The loss of such personnel during the year of qualification, will result in revocation of qualification for the class of work granted pursuant to their acquisition. The department may require resumes of such personnel as deemed proper for making its determination. The firm's performance on department contracts must be currently rated standard or better to be used for qualification purposes.

(b) A firm must have, within its own organization, qualified permanent, full time personnel having the skills and experience including, if applicable, technical or specialty licenses, for each work class for which prequalification is sought. Those firms seeking qualification for electrical work (classes 9 and 16) must provide photocopies of current Washington state electrical licenses. The skills and experience must be substantiated by education and practical experience on completed construction projects.

(c) "Its own organization" shall be construed to include only the contractor's permanent, full time employed office and site supervisory personnel as shown on the most recently submitted or amended prequalification questionnaire. Workers of the organization shall be employed and paid directly by the prime contractor. The term "its own organization," shall also include the equipment owned or rented by the contractor with or without equipment operators. Such term does not include employees or equipment of another contractor, subcontractor, assignee, or agent of the applicant contractor although they are placed on the applicant contractor's payroll.

(8) A financial statement.

For a firm showing a net worth in excess of $100,000, the applicant must provide, with the questionnaire, a copy of its financial statement as audited or reviewed for its last fiscal year, prepared in accordance with the standards of the American Institute of Certified Public Accountants. The statement must be prepared by an independent certified public accountant registered and licensed under the laws of any state. Balance sheets, income statements, a statement of retained earnings, supporting schedules and notes, and the opinion of the independent auditor must accompany the financial statement.

(9) A wholly owned subsidiary firm may file the latest consolidated financial statement of its parent corporation in lieu of a financial statement prepared solely for the subsidiary. When a consolidated financial statement is submitted, the requirements of subsection (8) of this section and WAC 468-16-140 (2)(b) must be fulfilled.

(10) The applicant shall list the following occurrences within the previous three years:

(a) Instances of having been denied qualification, or a license, or instances of having been deemed other than responsible by any public agency.

(b) Convictions for felonies listed in WAC 468-16-050.

(11) The standard questionnaire shall be processed as follows:

(a) The application for qualification shall be prepared on a standard questionnaire provided by the department and sworn to before a notary public or other person authorized to take oaths.

(b) A standard questionnaire will be reviewed and a written notice provided to the applicant, within 30 days of its receipt, stating whether the applicant has been prequalified or qualification has been denied. The applicant will be advised of lack of receipt of data corroborating project completion and errors or omissions in the questionnaire and a request made for additional information necessary to complete evaluation of the applicant. If the information is not provided within 20 calendar days of the request, the application will be processed, if possible, with the information available or it will be returned to the applicant without further action.

(c) When qualification is denied, the applicant shall be advised in writing by email (read receipt requested) of the reasons for the denial and of the right to a hearing upon written request.

(d) Applicants not satisfied with the qualification granted may request in writing, a review of their questionnaire and qualification ratings. The request must be filed within 30 calendar days of the date of receipt of the notice of qualification and must specifically state the basis for the request.

(e) The secretary or designee shall advise the applicant of his or her decision on the reconsideration within 30 calendar days of receipt of the request.

(12) Criteria for initial qualification, renewal, and submission of supplemental data:

(a) Qualification may be established in any calendar quarter and must be renewed annually. Information submitted in the questionnaire will be used as a basis for the contractor's initial prequalification, work class ratings, and maximum capacity ratings. Qualification will be valid for the remainder of the applicant's fiscal year plus two calendar quarters as established by the date of the year-end financial statement. Prequalification will be renewed annually thereafter or at other times as designated by the department.

(b) A standard questionnaire from a contractor, not previously qualified under this chapter, must have been received no less than 15 calendar days and prequalification must be granted by the department prior to the scheduled bid opening to receive consideration for issuance of a bidding proposal for that bid opening unless the contract is under $100,000, in which case the department may waive the 15-day requirement.

(c) The department may, during the period for which the contractor has been prequalified, require the submission of a new standard questionnaire. If the questionnaire is not provided within 30 calendar days of the date of request, the notice of qualification held by the contractor will be declared invalid and the contractor will not be permitted to bid with the department until the contractor is again prequalified.

(d) A supplemental questionnaire shall be submitted when a significant change in the structure of the firm occurs, e.g., incorporation, officers, ownership, etc., or when required by the department.

(e) If prequalification has lapsed for more than six months, the applicant will again be required to submit a fully executed standard questionnaire and financial statement.

(f) The applicant shall authorize the department to request and receive such additional information from any sources deemed necessary for the completion of the qualification process.

(g) Inquiries will be made and investigations, if necessary, will be conducted to verify the applicant's statements and to determine eligibility for qualification.

(h) The department may, upon request, require a list of all major items of equipment used to perform those classes of work for which prequalification is sought. The description, quantity, condition, present location, and age of such equipment must be shown. The schedule must show whether the equipment is owned, leased, or rented.

(i) The department may require a personal interview with a principal or principals of the contracting firm when considering its qualification.

(j) Qualified contractors in good standing shall be notified of impending expiration of their qualification and will be provided the necessary questionnaire forms for renewal at least 45 days before the expiration date.

(13) Financial information supplied by, or on behalf of, a contractor for the purpose of qualification under RCW 47.28.070 shall not be made available for public inspection and copying, pursuant to RCW 42.56.270. The foregoing restriction shall not prohibit the department's providing such information in evidence or in pretrial discovery in any court action or administrative hearing involving the department and a contractor. Insofar as permitted by public disclosure statutes, qualification ratings shall be treated as confidential information.

(14) Qualified contractors will be provided with notices which list projects currently being advertised.

History

Statutory Authority: RCW 47.28.070. WSR 23-23-165, § 468-16-090, filed 11/21/23, effective 12/22/23. Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 15-01-170, § 468-16-090, filed 12/23/14, effective 1/23/15
WSR 97-09-045 (Order 168), § 468-16-090, filed 4/15/97, effective 5/16/97
WSR 94-05-004, § 468-16-090, filed 2/2/94, effective 3/5/94
WSR 93-03-020 (Order 134), § 468-16-090, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-090, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-100 Conditional qualification.

(1) A firm may be conditionally qualified when it has been given a below standard (less than 100) performance rating on a final performance report. A prime contractor may also be qualified conditionally by the secretary when performance has become below standard in either "quality of work" or "progress of work" on an interim report for a current project. A design-builder may also be qualified conditionally by the secretary when performance has become below standard in either "construction/construction quality control: design-builder" or "project goals" on an interim report for a current project. The region administrator or designated assistant may, under the foregoing condition, request in writing that a contractor or design-builder be placed in conditional status. A conditionally qualified contractor or design-builder will be denied bidding proposals or the ability to be short listed while in that status but may receive, at the discretion of the secretary, a bidding proposal or allowed the ability to be short listed for one project.

(2) The assistant secretary of engineering and regional operations shall advise the contractor or design-builder and the region administrator or designated assistant when a contractor or design-builder has been placed in conditional status.

(3) Should the contractor or design-builder be the low successful bidder or apparent best value proposer, respectively, and be awarded a contract subsequent to being placed in conditional status, the issuance of further bidding proposals or the ability to be short listed will be considered only when an interim report is submitted in accordance with WAC 468-16-160 or when a final performance report is submitted in accordance with WAC 468-16-150(12) and the rating thereon is standard or better.

(4) Normally a contractor or design-builder may have only one active prime contract for the department while qualified conditionally.

(5) Return to fully qualified status of a conditionally qualified contractor or design-builder will be effected by:

(a) A performance rating of standard or above on contracts completed during the current prequalification year; or

(b) An interim rating of standard or above on all concurrent contracts; or

(c) A standard or above rating on the first interim report for a project awarded subsequent to conditional qualification.

(6) Should the rating continue to be less than standard, the contractor's or design-builder's prequalification will be suspended in accordance with WAC 468-16-180.

History

Statutory Authority: RCW 47.28.070. WSR 25-23-007, s 468-16-100, filed 11/6/25, effective 12/7/25. Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 00-14-055, § 468-16-100, filed 7/3/00, effective 8/3/00
WSR 97-09-045 (Order 168), § 468-16-100, filed 4/15/97, effective 5/16/97
WSR 93-03-020 (Order 134), § 468-16-100, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-100, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-110 Joint ventures.

(1) Joint ventures are prequalified under two categories as follows:

(a) Individual project joint venture - An association of two or more firms formed for the specific purpose of submitting a bid, statement of qualifications, or proposal on a specific project.

(i) All firms must be individually prequalified with the contracting agency. The joint venture must have the experience to perform a percentage of the total work (by work class) as specified in the current issue of the Standard Specifications. When both firms have experience in the same work class, the higher of the two amounts will be used to determine if the joint venture meets the experience requirements. The maximum bidding capacities of the firms shall be added together, increasing the size of the contract that the joint venture may bid on.

(ii) The firms must file an "individual project statement of joint venture" and a joint venture agreement in the formats prescribed.

(iii) Individual project joint ventures must maintain a standard or higher performance. Should the individual project joint venture receive a less than standard rating, the provisions of WAC 468-16-100 shall apply.

(iv) The performance rating for an individual project joint venture also applies to each firm comprising the joint venture.

(b) Continuing joint venture - An association of two or more firms formed for the purpose of submitting bids, a statement of qualifications, or proposals for projects to be advertised over a period of time.

(ii) The firms must file a "statement of continuing joint venture."

(iii) Continuing joint ventures must maintain a standard or higher performance rating in order to remain qualified.

(iv) A rating of less than standard will cause the joint venture to be placed in conditional qualification status.

(v) The performance rating for a continuing joint venture also applies to each firm comprising the joint venture.

(2) A standard questionnaire and financial statement for each member, if not on file, and a standard questionnaire and financial statement designating the assets and liabilities of the venture shall be submitted for the joint venture with a copy of the joint venture agreement. The agreement shall specify the name under which the joint venture will operate and the names of those individuals authorized to sign proposals, contracts, and other documents on behalf of the joint venture. It shall contain provisions which will unequivocally bind the parties, jointly and severally, to any contract entered into thereunder.

History

Statutory Authority: RCW 47.28.070. WSR 25-23-007, s 468-16-110, filed 11/6/25, effective 12/7/25. Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 15-01-170, § 468-16-110, filed 12/23/14, effective 1/23/15
WSR 94-05-004, § 468-16-110, filed 2/2/94, effective 3/5/94
WSR 91-04-014 (Order 128), § 468-16-110, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-120 Work class ratings.

(1) Qualification shall be granted a contractor in one or more classes of work in which the firm has shown the capability to satisfactorily perform with its own forces under its own immediate supervision.

(2) The department's project estimate shall be the only estimate used to determine the value of the various classes of work within a project for determining a contractor's eligibility to bid that specific project. The contractor will be required to perform a specified percentage of the total work as provided for in the current issue of the Standard Specifications.

(3) Contractors will be given work class ratings on the basis of their financial status, performance record, previous experience, organization, and condition and suitability of equipment.

(4) When it has been determined that adequate competition cannot be afforded as a result of either the lack of prequalified bidders, or the lack of applicants for qualification with sufficient experience in the work class required, the department may take in consideration the firm's experience in performing other related work in order to create competition providing that:

(a) The work class does not require a specialty license.

(b) The firm seeking the work class is deemed qualified in another work class under chapter 468-16 WAC.

(c) The firm seeking such work meets all other requirements prescribed under this chapter including the availability of the necessary equipment for the project being let.

(5) Data provided by project owners, other than the department, to inquiries made concerning new applicants seeking qualification, shall be used to determine initial work class ratings and maximum capacity ratings. Initial work class ratings for new applicants and those of firms which have not renewed their qualification within two years, will be based on performance data provided by agencies or organizations having previously employed the applicant. Such other data as the department may have on file may also be used. Work submitted by the new contractor and verified by the department will be given an initial work class rating equal to 2.5 times the highest value of the work the contractor has completed within that work class during the past three years. If a specific portion of a work class is performed by the contractor, the prequalification for that class will be limited to that portion of the work.

(6) Work reported as less than satisfactory will not be accepted for qualification purposes, but may be included with performance reports in determining the status of the contractor's prequalification.

(7) Work class ratings previously granted will not be reduced providing the contractor has maintained a standard performance record on department work and the contractor continues to submit the required questionnaire annually. Should a significant reduction of resources occur, the contractor's work class ratings may be modified or reduced to an amount within the contractor's current capacity.

(8) A contractor's work class ratings will be reviewed annually effective on the date the renewal questionnaire has been received. Work class ratings for those contractors renewing prequalification will be reviewed for increases, decreases, and additional work classes not previously granted. In determining the annual status of the contractor's work class ratings, prime work completed for the department and the performance rating given for that work shall be weighted more heavily than work completed for other agencies.

(9) Work class ratings shall be computed by multiplying the highest value of the work class completed satisfactorily during the preceding prequalification year by a factor of 2.5 provided that the currently established work class rating is not higher. In that event, the currently established work class shall become the work class rating for the ensuing qualification year. Work class ratings will not change if the contractor has not performed in that work class during the prequalification year.

History

Statutory Authority: RCW 47.01.101, 47.28.030 and 47.28.070. WSR 97-09-045 (Order 168), § 468-16-120, filed 4/15/97, effective 5/16/97
WSR 94-05-004, § 468-16-120, filed 2/2/94, effective 3/5/94
WSR 93-03-020 (Order 134), § 468-16-120, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-120, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-130 Prequalification work classes.

A contractor seeking prequalification under this chapter will be classified for one or more of the following listed work classes in accordance with the adequacy of the firm's equipment and plant facilities and its demonstrated ability to perform the work class sought.

| Class 1 | Clearing, grubbing, grading and draining | | --- | --- | | | Removal of tree stumps, shrubs, modification of the ground surface by cuts and fills, excavating of earth materials, placement of drainage structures, and construction of structural earth walls. | | Class 2 | Production and placing of crushed materials | | | Production and placing crushed surfacing materials and gravel. | | Class 3 | Bituminous surface treatment | | | Placing of crushed materials with asphaltic application. | | Class 4 | Asphalt concrete paving | | | Production and placing Asphalt Concrete Plant Mix Pavement. | | Class 5 | Cement concrete paving | | | Production and placing cement concrete pavement. | | Class 6 | Bridges and structures | | | Construction of bridges and other major structures of timber, steel, and concrete. | | Class 7 | Buildings | | | Construction of buildings and related structures and major reconstruction and remodeling of such buildings. | | Class 8 | Painting | | | Painting bridges, buildings, and related structures. | | Class 9 | Traffic signals | | | Installation of traffic signal and control systems. | | Class 10 | Structural tile cleaning | | | Cleaning tunnels, large buildings and structures and storage tanks. | | Class 11 | Guardrail | | | Construction of a rail secured to uprights and erected as a barrier between, or beside lanes of a highway. | | Class 12 | Pavement marking (excluding painting) | | | Thermoplastic markings, stripes, bars, symbols, etc. Traffic buttons, lane markers, guide posts. | | Class 13 | Demolition | | | Removal of timber, steel, and concrete structures and obstructions. | | Class 14 | Drilling and blasting | | | Controlled blasting of rock and obstructions by means of explosives. | | Class 15 | Sewers and water mains | | | Draining, pipe jacking, water systems, pumping stations, storm drainage systems, sewer rehabilitation, sewage pumping stations, pressurized lines. | | Class 16 | Illumination and general electrical | | | Highway illumination, navigational lighting, wiring, junction boxes, conduit installation. | | Class 17 | Cement concrete curb and gutter | | | Sidewalks, spillways, driveways, monument cases and covers, right of way markers, traffic curbs, and gutters. | | Class 18 | Asphalt concrete curb and gutter | | | Sidewalks, spillways, driveways, monument cases and covers, right of way markers, traffic curbs, and gutters. | | Class 19 | Riprap and rock walls | | | Mortar, rubble, and masonry walls; rock retaining walls, and placing of large broken stone on earth surfaces for protection against the action of water. | | Class 20 | Concrete structures except bridges | | | Cast-in-place median barrier, prestressing, post-tensioned structures, footings, prefabricated panels and walls, retaining walls, and ramps, foundations, rock bolts, and concrete slope protection. | | Class 21 | Tunnels and shaft excavation | | | Tunnel excavation, rock tunneling, and soft bore tunneling. | | Class 22 | Piledriving | | | Driving concrete, steel, and timber piles. | | Class 23 | Concrete surface finishes | | | Architectural concrete surface finishes (fractured fin, random board, exposed aggregate, etc.). Waterproofing concrete surfaces (clear or pigmented sealer). | | Class 24 | Fencing | | | Wire and metal fencing, glare screens. | | Class 25 | Bridge deck repair | | | Bridge expansion joint repair and modification, bridge deck resurfacing and repair, deck seal. | | Class 26 | Not used | | Class 27 | Signing | | | Sign structures and sign foundations. | | Class 28 | Drilled large diameter slurry shafts | | | Drilled shafts 4' diameter or larger and greater than 15' deep when excavation is performed utilizing the wet method and concrete is placed by tremie methods under slurry. | | Class 29 | Slurry diaphragm and cut-off walls | | | Slurry excavation and the construction of structural concrete walls and slurry cut-off walls. | | Class 30 | Surveying | | | Highway construction surveying. | | Class 31 | Water distribution and irrigation | | | Irrigation systems and heavy duty water distribution. | | Class 32 | Landscaping | | | Landscape irrigation, planting, sodding, seeding, fertilizing, mulching, herbicide application, insecticide application, weed control, mowing, liming, soil binder, topsoil. | | Class 33 | Engineering | | | Work other than surveying, including engineering calculations, drawing and other related work for highway construction. | | Class 34 | Erosion control | | | Seeding, fertilizing, mulching, slope protection, topsoil application, hydro-seeding, soil stabilization, soil sampling. | | Class 35 | Precast median barrier | | | A concrete barrier that is cast and cured in other than its final position used to divide the median of two adjacent highways or temporarily placed to divert traffic in construction zones. | | Class 36 | Earth retention and anchoring | | | Installation of permanent soil nails, soldier piles, timber lagging and micropiles. Soldier pile tie-back anchor wall construction. | | Class 37 | Impact attenuators | | | Installation of approved protective systems filled with sand, water, foam, or other substances which prevent errant vehicles from impacting roadside hazards. | | Class 38 | Paint striping | | | Painted bars, letters, symbols, and striping. | | Class 39 | Slope protection | | | The installation of a zinc coated steel wire mesh anchored by wire rope and reinforced concrete posts or anchor rods. Used for dampening the effects of rolling rocks onto the highway. Slope scaling, horizontal drains, rock dowels, and rock bolts for slope stabilization. | | Class 40 | Gabion and gabion construction | | | Construction of walls made with containers of galvanized steel hexagonal wire mesh and filled with stone. | | Class 41 | Intelligent transportation systems (ITS) | | | Traffic sensors systems, highway advisory radios, environmental sensing stations, variable message signs, nonfiber optic based closed circuit television, and video systems. | | Class 42 | Electronics - Fiber optic based communications systems | | | Design and installation of fiber optic based communication systems. | | Class 43 | Mechanical | | | Plumbing work and the installation of heating or air conditioning units. | | Class 44 | Asbestos abatement | | | Asbestos abatement (L & I certified workers). | | Class 45 | Hazardous waste removal | | | The containment, cleanup, and disposal of toxic materials. Companies seeking this classification shall have full-time personnel with current hazardous waste training (certifications). | | Class 46 | Concrete restoration | | | Pavement subseal, cement concrete repair, epoxy coatings, epoxy repair, masonry repair, masonry cleaning, special coatings, epoxy injection, gunite, shotcrete grouting, pavement jacking, gunite repair, and pressure grouting. | | Class 47 | Concrete sawing, coring, and grooving | | | Concrete sawing, concrete planing, grinding, grooving, bump grinding, joint repair, concrete coring and rumble strips. | | Class 48 | Dredging | | | Excavating underwater materials. | | Class 49 | Marine work | | | Underwater surveillance, testing, repair, subaquatic construction, anchors, and cable replacement, floating concrete pontoon repairs and modifications, disassembly and assembly of floating concrete pontoons. | | Class 50 | Ground modification | | | Pressure grouting, blast densification, stone column, jet grouting, compaction, dynamic compaction, soil mixing, gravel drain. | | Class 51 | Well drilling | | | Drilling wells, installing pipe casing and pumping stations. | | Class 52 | Sewage disposal | | | Hauling and disposing liquid and solid wastes. | | Class 53 | Traffic control | | | Providing piloted traffic control, traffic control labor, and maintenance and protection of traffic. | | Class 54 | Railroad construction | | | Construction of railroad subgrade, placing of ballast, ties, and track and other items related to railroad work. | | Class 55 | Steel fabrication | | | Welding of steel members, heat straightening steel. | | Class 56 | Street cleaning | | | Street sweeping with self-propelled sweeping equipment. | | Class 57 | Materials transporting | | | Truck hauling. | | Class 58 | Sand blasting and steam cleaning | | | Steam cleaning, sand blasting, shot blasting, and water blasting. |

History

Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 15-01-170, § 468-16-130, filed 12/23/14, effective 1/23/15
WSR 97-09-045 (Order 168), § 468-16-130, filed 4/15/97, effective 5/16/97
WSR 94-05-004, § 468-16-130, filed 2/2/94, effective 3/5/94
WSR 93-03-020 (Order 134), § 468-16-130, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-130, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-140 Maximum capacity rating.

(1) The maximum capacity rating shall be determined by multiplying the contractor's reported net worth by a factor of 5.0. The factor may be increased at a rate of 0.5 annually, provided the contractor has maintained a satisfactory performance record with the department and has completed a contract of fifty thousand dollars or more within the preceding prequalification year. The maximum factor shall be 7.5. The department may at any time decrease the rating factor if the contractor's performance becomes less than standard, however no decrease in the bidding capacity will become effective until action to appeal, as specified in these rules, has been completed.

(2) For the purpose of prequalification and establishing the maximum capacity rating, the following additional resources may be added to net worth if supported with documentation as specified:

(a) An operating line of credit - Documentation from an acceptable financial institution stating the amount of credit authorized, its expiration date, and the amount currently available. The document must be authenticated by an official authorized to execute lines of credit on behalf of the institution. Should the operating line of credit be revoked, it shall be deducted before computing a new annual maximum capacity rating.

(b) A parent firm guarantee of net worth - A sworn statement from the parent firm that guarantees the performance of the subsidiary for any contracts awarded it. The document shall include a parent firm guarantee in an amount such that when calculated in subsection (1) of this section will not be less than the value of uncompleted contracts of the subsidiary. An audited financial statement, as prescribed in WAC 468-16-090(9), may be requested from the parent firm when deemed appropriate.

(3) Resources listed above will not be accepted in lieu of a minimum net worth of fifty thousand dollars.

(4) For the purpose of prequalification and establishing the maximum capacity rating, a bidding company which has established a leveraged ESOP (Employee Stock Ownership Plan) may use, in place of its net worth, the lesser of:

(a) The company's net worth, as adjusted by eliminating any contra-equity or unearned compensation entry in the net worth section of the balance sheet which is directly related to the ESOP loan; or

(b) The company value as established by the company's most recent valuation for ESOP purposes provided the valuation was performed within the last twelve months which meets federal guidelines for ESOP-related valuations. The department may require submission of a copy of this valuation report for documentation purposes.

(5) When the value of a firm's uncompleted work for the department exceeds its maximum capacity rating, a bidding proposal shall be denied that firm.

History

Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 15-01-170, § 468-16-140, filed 12/23/14, effective 1/23/15
WSR 97-09-045 (Order 168), § 468-16-140, filed 4/15/97, effective 5/16/97
WSR 93-03-020 (Order 134), § 468-16-140, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-140, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-150 Performance reports.

(1) Performance reports described in this section, in the formats established by the department, will be completed for prime contractors and design-builders only for projects valued at $100,000 or more. Each performance report will be classified as to the primary work class being rated. This shall be stated in Section I of the report by listing the major classes of work performed by the contractor or design-builder e.g., clearing, grading, surfacing, etc.

(2) Performance will be rated under the following headings for design-builders: Project management: design-builder; design: lead designer; construction/construction quality control: design-builder or independent quality assurance firm; compliance with laws and contract requirements: design-builder; and project goals. Performance will be rated under the following headings for prime contractors: Administration, management, and supervision; quality of work; progress of work; and compliance with laws and contract requirements.

(3) The following adjectival ratings are established for performance reports:

| (a) | Superior | 131-150 | | --- | --- | --- | | (b) | Above standard | 101-130 | | (c) | Standard | 100 | | (d) | Below standard | 70-99 | | (e) | Inadequate | 50-69 |

(4) The performance report shall be used in evaluating a contractor's or design-builder's prequalification status.

(5) The report shall contain a narrative section which verbally provides the details substantiating the numerical rating. The narrative section shall be based upon documentation prepared during the life of the project, such as the project engineer's diary, the inspector's daily report and other pertinent documents. This documentation shall constitute the major portion of the administrative record to be used for any hearings or litigation that may arise from the rating process.

(6) The performance report will be prepared and discussion held with the contractor or design-builder by the project engineer. The report will include a numerical rating substantiated by a narrative report which describes the contractor's or design-builder's typical performance. The narrative will reference such documents as will substantiate the given numerical rating.

(7) The report will be endorsed by the region construction engineer or designated assistant who will provide a copy to the contractor or design-builder.

(8) The contractor or design-builder may appeal the rating to the region administrator in writing within 20 calendar days of the date the report is received by the contractor or design-builder. If the report is not delivered to the contractor or design-builder in person, it shall be forwarded by email with a delivery receipt and read receipt requested to the contractor's or design-builder's representative who signed the contract. The appeal must set forth the specific basis upon which it has been made.

(9) The region administrator or designated assistant will review all performance reports after they have been endorsed and may modify the numerical or narrative rating if such is deemed appropriate. The contractor or design-builder will be advised of any changes made. The region administrator will be required to make comments thereon only when the contractor's or design-builder's overall performance rating has been rated inadequate, below standard, or superior.

(10) Performance reports, when completed at region level, will be submitted to the secretary, Attn: Manager, contractor, or design-builder prequalification office, not later than 45 calendar days following final completion of the project.

(11) The region administrator or designated assistant shall review the appeal and provide a written response to the contractor or design-builder by email (read receipt requested) within 20 calendar days of its receipt. A copy of the appeal and the response thereto will be forwarded to the secretary, Attn: Contract advertisements and award office.

(12) The contractor or design-builder may further appeal to the secretary in writing setting forth the specific basis for the appeal. The contractor's or design-builder's appeal shall be made within 10 calendar days of the date of receipt of the region administrator's response. When making an appeal, the contractor or design-builder may also present information in person. The secretary will consider the appeal and respond to it by email (read receipt requested) within 60 calendar days of its receipt. This determination shall be the final administrative act of the department.

(13) All performance reports shall be reviewed by the office of the secretary for completeness, objectivity, and substantiation of numerical ratings. The secretary may modify the report as deemed appropriate as a result of the review. The rated contractor or design-builder and region administrator shall be given a copy of the modified report. The contractor or design-builder may appeal the modified report in the manner and within the time allotted in subsection (12) of this section to which the secretary shall respond as cited therein.

(14) A performance report shall be considered a preliminary paper until all reviews and appeals have been accomplished and it shall have been stamped and initialed as having been "filed in the office of the secretary."

History

Statutory Authority: RCW 47.28.070. WSR 25-23-007, s 468-16-150, filed 11/6/25, effective 12/7/25
WSR 23-23-165, § 468-16-150, filed 11/21/23, effective 12/22/23. Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 15-01-170, § 468-16-150, filed 12/23/14, effective 1/23/15
WSR 00-14-055, § 468-16-150, filed 7/3/00, effective 8/3/00
WSR 97-09-045 (Order 168), § 468-16-150, filed 4/15/97, effective 5/16/97
WSR 94-05-004, § 468-16-150, filed 2/2/94, effective 3/5/94
WSR 93-03-020 (Order 134), § 468-16-150, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-150, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-160 Interim reports.

(1) Interim performance reports will be completed for contracts of long duration, particularly those in excess of one year and submitted to the contract advertisement and award office. They will be completed annually on the anniversary of the start date of the contract. An interim report will also be completed when a contractor's or design-builder's total, overall work has become less than standard and the firm has been advised in writing of such performance. An interim report may never cover a period of more than one year. The report will be used by the secretary as a basis for determining whether a contractor or design-builder will be placed in conditional qualification status.

(2) In the case of a conditionally qualified firm, an interim report shall be submitted at sixty calendar day intervals for the project being undertaken by that firm subsequent to its being placed in conditional qualification status. When a contractor's or design-builder's overall performance has not been brought up to standard after two consecutive interim reports have been prepared, no further interim reports shall be made except at the written request of the contractor or design-builder. The date of the report will be the date of the contractor's or design-builder's request.

(3) The project engineer shall submit an interim report when it becomes evident that the project engineer will no longer be involved in the project, providing that project has been in progress for 25 percent of the calendar days assigned the project or 90 calendar days whichever is less.

(4) Interim performance reports will supplement and will be made a part of the final performance report.

(5) The procedures specified in WAC 468-16-150 (5) through (14) are also applicable to the processing of the interim performance report.

History

Statutory Authority: RCW 47.28.070. WSR 25-23-007, s 468-16-160, filed 11/6/25, effective 12/7/25. Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 15-01-170, § 468-16-160, filed 12/23/14, effective 1/23/15
WSR 97-09-045 (Order 168), § 468-16-160, filed 4/15/97, effective 5/16/97
WSR 94-05-004, § 468-16-160, filed 2/2/94, effective 3/5/94
WSR 93-03-020 (Order 134), § 468-16-160, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-160, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-170 Refusal to issue proposal or allow short listing.

The secretary has the discretion to refuse to issue a proposal or allow short listing for reasons as enumerated in WAC 468-16-040 through 468-16-070, inclusive. Refusal to issue a proposal or allow short listing may continue in effect until the cause for these actions has been eliminated. One or more of the following additional conditions may be considered sufficient for refusal to issue a proposal or allow short listing:

(1) The value of outstanding work plus the contract total of the work proposed to be bid exceeds the contractor's or design-builder's maximum capacity rating.

(2) Being placed in conditional status.

(3) Making false, fraudulent, or deceptive statements on the standard questionnaire, related documents, or documents prepared in the course of prosecuting the work.

(4) Debarment or suspension from participation in federal or state projects.

(5) Expiration of qualification.

(6) Failure to update the latest questionnaire to fairly represent the contractor's or design-builder's current organization and financial status.

(7) Bankruptcy.

(8) The existence of any conditions described in WAC 468-16-040 through 468-16-070 inclusive.

History

Statutory Authority: RCW 47.28.070. WSR 25-23-007, s 468-16-170, filed 11/6/25, effective 12/7/25. Statutory Authority: RCW 47.01.101, 47.28.030 and 47.28.070. WSR 97-09-045 (Order 168), § 468-16-170, filed 4/15/97, effective 5/16/97
WSR 93-03-020 (Order 134), § 468-16-170, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-170, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-180 Suspension of qualification.

(1) A suspension may be ordered for cause or for a period pending the completion of investigation and any ensuing legal action for revocation of qualification.

(2) The secretary may, upon determination from reports, other documents, or through investigation that cause exists to suspend the qualification of a contractor or design-builder, impose suspension upon a contractor or design-builder.

(3) The secretary may suspend qualification for:

(a) Incompetency found detrimental to timely project completion or to the safety of the public or employees.

(b) Inadequate performance on one or more projects.

(c) Infractions of rules, regulations, specifications, and instructions which may adversely affect public health, welfare, and safety.

(d) Uncompleted work which might prevent the prompt completion of other work.

(e) A finding of noncompliance and refusal to agree to take corrective action, and/or failure to implement agreed upon corrective action to comply with equal employment opportunity, small, women's, minority, disadvantaged business enterprise, and veteran-owned business requirements or state apprentice utilization requirements.

(f) Repeated findings of noncompliance (two or more) with equal employment opportunity, small, women's, minority, disadvantaged business enterprise, and veteran-owned business requirements or state apprentice utilization requirements.

(g) Debarment or suspension from participation in federal or state projects.

(h) Pending completion of debarment proceedings in federal or state projects.

(4) The minimum periods of suspension for acts or deficiencies enumerated above are as follows:

(a) For subsection (3)(a) and (e) of this section - Three months.

(b) For subsection (3)(b), (c), (d), and (f) of this section - Six months.

(c) For subsection (3)(g) of this section - For duration of debarment or suspension by the federal or other state agency.

(d) For subsection (3)(h) of this section - Until a determination is made by the federal or other state agency.

(5) The secretary may reduce the period of suspension upon the contractor's or design-builder's supported request for reasons including, but not limited to:

(a) Newly discovered evidence;

(b) Elimination of causes for which the suspension was imposed.

History

Statutory Authority: RCW 47.28.070. WSR 25-23-007, s 468-16-180, filed 11/6/25, effective 12/7/25
WSR 23-23-165, § 468-16-180, filed 11/21/23, effective 12/22/23. Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 15-01-170, § 468-16-180, filed 12/23/14, effective 1/23/15
WSR 97-09-045 (Order 168), § 468-16-180, filed 4/15/97, effective 5/16/97
WSR 94-05-004, § 468-16-180, filed 2/2/94, effective 3/5/94
WSR 93-03-020 (Order 134), § 468-16-180, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-180, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-190 Revocation of qualification.

(1) The secretary, upon determination from reports, other documents, or investigation that cause exists to revoke the qualification of a contractor or design-builder, may revoke the contractor's or design-builder's qualifications for a maximum period of two years.

(2) The secretary may revoke the qualification of a contractor or design-builder upon a plea by the firm of nolo contendere, conviction, judgment, or admission for any of the following causes:

(a) Existence of any condition cited in WAC 468-16-050.

(b) Intentional falsification with intent to defraud or unauthorized destruction of project related records.

(3) Revocation of qualification may also be imposed for the following reasons:

(a) Default on a contract within three years prior to the date of application for qualification.

(b) Bankruptcy or insolvency.

(d) Having been suspended two or more times within a two-year period.

(4) When qualification has been revoked, a contractor or design-builder shall be required to reapply for qualification upon again reaching eligibility status.

(5) Revocation of qualification shall be final after 20 calendar days following the read receipt of the email notification, unless a hearing has been requested.

(6) The secretary may reverse the decision to revoke qualifications upon the contractor's or design-builder's supported request for reasons including, but not limited to:

(a) Newly discovered evidence;

(b) Reversal of the conviction or judgment upon which the revocation was based; and

History

Statutory Authority: RCW 47.28.070. WSR 25-23-007, s 468-16-190, filed 11/6/25, effective 12/7/25
WSR 23-23-165, § 468-16-190, filed 11/21/23, effective 12/22/23. Statutory Authority: RCW 47.01.101, 47.28.030 and 47.28.070. WSR 93-03-020 (Order 134), § 468-16-190, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-190, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-200 Hearings procedure.

(1) A contracting firm which has been notified by the secretary that the department is contemplating suspending or revoking its qualification, may request in writing within 20 calendar days of the date of notification by email, that a hearing be conducted. Unless the department is otherwise prohibited from contracting with the contractor, the suspension or revocation shall not become effective until the final decision of the secretary has been rendered. The hearing shall be conducted in accordance with the procedure set forth in this section.

(2) The secretary shall designate a hearing official to conduct any hearing held under this chapter. The hearing official shall furnish written notice by email with a read receipt of a hearing to the contractor and any named affiliates at least 20 calendar days before the effective date of suspension or revocation of qualifications. The notice shall state:

(a) That suspension or revocation of qualification is being considered.

(b) The effective date of the proposed action.

(d) The cause or causes relied upon for proposing the action, i.e., fraud, statutory violations, etc.

(e) If suspension is proposed, the duration of the suspension.

(f) That the contractor may, within 20 calendar days of receipt of the notice, submit to the hearing official by email, read receipt requested, information and argument in opposition to or in clarification of the proposed action.

(g) When the action is based on a conviction, judgment, or admission, fact-finding shall be conducted if the hearing official determines that the contractor's submission raises a genuine dispute over material facts upon which the suspension or revocation is based or whether the causes relied upon for proposing suspension or revocation exist.

(h) The time, place, and date of the hearing.

(i) The name and email address of the hearing official.

(j) That proposals shall not be issued nor contracts awarded to the contractor subsequent to the dispatch of the notice of hearing pending the final decision of the secretary.

(3) The hearing official may extend the date of any hearing upon request of the contractor, but the hearing shall not be extended beyond 45 calendar days from the date of the notice of the hearing. The hearing official shall schedule and conduct the hearing within 30 calendar days of the date of the notice, except when an extension is granted as provided in this subsection.

(4) In the course of the hearing, the hearing official shall:

(a) Regulate the course and scheduling of the hearings;

(b) Rule on offers of proof, receipt of relevant evidence, and acceptance of proof and evidence as part of the record;

(d) At the conclusion of the hearing, issue written findings of fact and recommended administrative action to the secretary. The hearing officer shall deliver the entire record to the secretary.

In actions where it has been established by conviction, judgment or admission, or where it has been established by findings made in accordance with this chapter, that the named contractor has engaged in conduct described in WAC 468-16-050 and the sole issue before the hearing official is the appropriateness of revocation of qualification or the length of suspension of qualification to be recommended to the secretary, prior judicial or administrative decision or findings shall not be subject to collateral attack.

Upon denial, suspension or revocation of prequalification, the respondent may appeal therefrom to the superior court of Thurston County pursuant to RCW 47.28.070. If the appeal is not made within the time prescribed in that statute, the department's action shall be conclusive.

History

Statutory Authority: RCW 47.28.070. WSR 23-23-165, § 468-16-200, filed 11/21/23, effective 12/22/23. Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 15-01-170, § 468-16-200, filed 12/23/14, effective 1/23/15
WSR 93-03-020 (Order 134), § 468-16-200, filed 1/12/93, effective 2/12/93
WSR 91-04-014 (Order 128), § 468-16-200, filed 1/28/91, effective 2/28/91.

Wash. Admin. Code § 468-16-210 Performance report.

(1) The evaluation of contractor or design-builder performance shall be made on a form in the formats established by the department and published on the WSDOT website at https://wsdot.wa.gov/business-wsdot/how-do-business-us/electronic-forms.

(2) The Prime Contractor Performance Report Manual and the Design-Builder Performance Report Manual provide detailed instructions for preparation of the performance report.

History

Statutory Authority: RCW 47.28.070. WSR 25-23-007, s 468-16-210, filed 11/6/25, effective 12/7/25
WSR 23-23-165, § 468-16-210, filed 11/21/23, effective 12/22/23. Statutory Authority: RCW 47.01.101, 47.28.030, and 47.28.070. WSR 15-01-170, § 468-16-210, filed 12/23/14, effective 1/23/15
WSR 94-05-004, § 468-16-210, filed 2/2/94, effective 3/5/94
WSR 91-04-014 (Order 128), § 468-16-210, filed 1/28/91, effective 2/28/91.

Chapter 468-17 Small and veteran-owned business enforceable goals program.

Wash. Admin. Code § 468-17-010 Authority.

RCW 47.01.101 provides that the Washington state department of transportation (WSDOT) may adopt rules that are subject to the adoption procedures contained in the state Administrative Procedure Act. RCW 47.01.260(1) provides that WSDOT "shall exercise all the powers and perform all the duties necessary" to managing the state's transportation systems.

History

Statutory Authority: RCW 47.01.101. WSR 20-04-086, § 468-17-010, filed 2/5/20, effective 3/7/20
WSR 19-17-062, § 468-17-010, filed 8/20/19, effective 9/20/19. Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 19-12-026, § 468-17-010, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-020 Purpose.

(1) The small and veteran-owned business enforceable goals program increases contracting opportunities for small and veteran-owned businesses with WSDOT in a race and gender-neutral fashion. The measures described in this chapter:

(a) Ensure that only eligible firms receive credit for and participate in the small and veteran-owned business enforceable goals program;

(b) Augment the pool of qualified and competitive companies performing work on WSDOT projects, thereby:

(i) Increasing competition for contracts;

(ii) Reducing the cost of public works projects;

(iii) Expanding the pool of talented and qualified consultants bidding on consultant agreements; and

(iv) Creating new opportunities for firms to participate in Washington state transportation projects.

(2) Increased participation by and opportunities for small and veteran-owned businesses, which shall be indicated by:

(a) New WSDOT subcontracts and subcontractors;

(b) New private sector contracts;

(d) Increased gross receipts;

(e) Increased bidding; and

(f) Decreased disparity.

The secretary of transportation may, at his/her discretion, implement or suspend implementation of a small and veteran-owned business enforceable goals program based upon marketplace conditions.

History

Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 19-12-026, § 468-17-020, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-030 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Award" means the formal decision by the department to accept a bid and the intent to enter into a contract with the bidder.

(2) "Commercially useful function" means the activity conducted by a firm responsible for the execution of the work of the contract and that is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the firm must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. Additional requirements are discussed in WAC 468-17-060.

(3) "Condition of award (COA)" means that a prime contractor or consultant, on a design-bid-build or consultant agreement, commits to subcontracting with a public works small business enterprise (PWSBE) or veteran-owned business (VOB). On design-build or general contractor/construction manager contracts, all (PWSBEs) and VOBs in the quarterly small and veteran business plans are considered COA firms.

(4) "Consultant agreement" means a contract entered into by a public body for architectural and engineering services (performed pursuant to chapter 39.80 RCW) with another party, i.e., an independent individual or firm, in which the other party agrees to perform a service, render an opinion, or recommendations according to the consultant's methods and without being subject to the control of the public body except as to the result of the work.

(5) "Contract goal" means a percentage of the contract amount the prime contractor or prime consultant must meet with PWSBE and veteran-owned businesses.

(6) "Department" means the Washington state department of transportation (WSDOT).

(7) "Design-bid-build (DBB) contract" means a contract between a public body and another party in which the public body contracts separately with a designer and a contractor for the design and construction of a facility, portion of the facility, or other item specified in the contract. Designers and contractors bear no contractual obligation to one another under a DBB contract.

(8) "Design-build (DB) contract" means a contract between a public body and another party in which the party agrees to both design and build the facility, portion of the facility, or other item specified in the contract as defined in chapter 39.10 RCW.

(9) "General contractor/construction manager (GC/CM)" means a contract between a public body and another party in which the party agrees to both build and manage the construction of the facility, portion of the facility, or other item specified in the contract as defined in chapter 39.10 RCW.

(10) "Good faith efforts (GFE)" means efforts to achieve a goal or other requirement of this chapter which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. GFE is not necessary when a contract goal has been met.

(11) "Public works small business enterprise (PWSBE)" means a business certified by the office of minority and women's business enterprises, pursuant to WAC 326-20-087.

(12) "Quarterly small and veteran business plans" means documents design-builders are required to submit which outline the strategies the organization will be utilizing to meet the established contract goals.

(13) "Tiered participation" means the amount of additional contract goal credit the prime contractor or prime consultant may receive for using PWSBE and VOBs of different designations, as detailed in WAC 468-17-080.

(14) "Veteran-owned businesses (VOB)" means a business certified by the Washington state department of veterans affairs, pursuant to RCW 43.60A.190.

History

Statutory Authority: Chapter 39.19 RCW and RCW 47.28.030(3). WSR 24-20-080, s 468-17-030, filed 9/27/24, effective 10/28/24. Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 21-19-031, § 468-17-030, filed 9/10/21, effective 10/11/21. Statutory Authority: RCW 34.05.310. WSR 21-07-127, § 468-17-030, filed 3/23/21, effective 4/23/21. Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 19-12-026, § 468-17-030, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-040 Application of chapter.

The small and veteran-owned business enforceable goals program authorized under this chapter is limited to:

(1) Heavy construction public works contracts with a minimum engineer's or preliminary estimate of two hundred fifty thousand dollars and above.

(2) Consultant agreements with a minimum preliminary estimate of two hundred fifty thousand dollars and above.

History

Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 19-12-026, § 468-17-040, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-050 Goals.

On solely state-funded projects, the small and veteran business goals for participation of public works small and veteran-owned enterprises shall be as directed by the department or other state agencies conducting disparity studies. Presently these goals are set as follows:

(1) Veteran business goal of five percent; and

(2) Public works small business enterprise goal of up to 20 percent.

History

Statutory Authority: Chapter 39.19 RCW and RCW 47.28.030(3). WSR 24-20-080, s 468-17-050, filed 9/27/24, effective 10/28/24. Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 21-19-031, § 468-17-050, filed 9/10/21, effective 10/11/21
WSR 19-12-026, § 468-17-050, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-060 Commercially useful function.

Under the enforceable goals program, commercially useful function (CUF) restrictions apply to all PWSBEs and VOBs. These businesses must perform a CUF in order for their participation to be counted against any goal. A business performs a CUF when it is both responsible for the execution of the work of the contract and it meets its responsibility under the contract by actually performing, managing, and supervising the work involved. If any materials or supplies are needed to perform the contract, the business must negotiate price, determine quality and quantity, order the material, install (if applicable), and pay for those materials or supplies itself.

Additional considerations when making a determination on a CUF are as follows:

(1) A PWSBE or VOB does not perform a CUF if its role is limited to that of an extra participant in a transaction or contract or it is involved in a project for the purposes of creating a semblance of PWSBE or VOB.

(2) Other relevant factors that may be considered when evaluating whether a PWSBE or VOB is performing a CUF include industry practices, the amount of work subcontracted and whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing.

(3) In addition, a business that functions as a supplier shall:

(a) Be the manufacturer of the goods or materials or assume the actual and contractual responsibility for furnishing the goods or materials and executing material changes in the configuration of those goods or materials; or

(b) Secure a contract or distributor agreement with a manufacturer to act as an independent authorized representative capable of passing on product warranties to the purchaser.

(4) Factors which may indicate that a supplier is not performing a commercially useful function include, but are not limited to, the following:

(a) A minimum amount of inventory is not maintained;

(b) Billing and shipping arrangements are performed by nonowners or staff of nonowners;

(d) The firm does not take ownership of the product.

History

Statutory Authority: Chapter 39.19 RCW and RCW 47.28.030(3). WSR 24-20-080, s 468-17-060, filed 9/27/24, effective 10/28/24. Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 21-19-031, § 468-17-060, filed 9/10/21, effective 10/11/21
WSR 19-12-026, § 468-17-060, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-070 Mandatory small and veterans' business program.

Public works small business enterprises and veteran-owned businesses intending to benefit from the small and veteran-owned business enforceable goals program must attain a PWSBE certification from OMWBE, or a VOB certification from the Washington department of veteran's affairs.

History

Statutory Authority: Chapter 39.19 RCW and RCW 47.28.030(3). WSR 24-20-080, s 468-17-070, filed 9/27/24, effective 10/28/24. Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 19-12-026, § 468-17-070, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-080 Tiered participation in state goals.

(1) When WSDOT has determined tiered participation will be available on a contract, a prime contractor, design-builder, general contractor/construction manager or consultant may meet the small and veteran business goals by using any combination of qualified contractors or consultants (i.e., VOB or small business contractors including PWSBEs). Prime contractors may receive a multiplied credit for utilizing businesses that fall into certain categories. The categories and respective multipliers are as follows:

(a) Category A. PWSBEs and VOBs that have not worked with WSDOT in the past five years may be credited at four times the actual dollars paid.

(b) Category B. PWSBEs and VOBs that are not eligible for a credit as defined in categories A, B or C will be credited at the actual dollars paid with no additional multiplier.

(2) Prime and subcontractors are responsible for verifying their eligibility for tiered credit participation. Eligible firms submitting multiple quotes as categories A, B, C, and D firms, on multiple projects with bids due on the same week, shall be regarded as such on all projects that receive awards from quotes entered on that week.

History

Statutory Authority: Chapter 39.19 RCW and RCW 47.28.030(3). WSR 24-20-080, s 468-17-080, filed 9/27/24, effective 10/28/24. Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 19-12-026, § 468-17-080, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-090 Small and veteran business plans.

(1) Prime contractors, design-builders, general contractors/construction managers and consultants must submit a small and veterans' business plan that specifies how the contractor will meet PWSBE and VOB participation goals, prior to the award of any contract. The small and veteran business plan for design-bid-build and consultant contracts must list all of the PWSBEs or VOBs that will participate in the contract; a description of the work that each PWSBE or VOB will perform; the dollar amount of the participation of each PWSBE or VOB; the contractor's written commitment to use the PWSBE or VOB submitted; and written confirmation from each PWSBE or VOB firm that it is participating in the contract in the kind and amount of work provided in the inclusion plan. The small and veteran business plan for design-build and general contractor/construction manager contracts must list in detail the contractor's means and methods that it will use to meet the goal and a commitment by the contractor to attempt to meet the goal. If the total PWSBE and VOB participation in the small and veteran business plan does not meet the goal, then the contractor must also submit evidence of good faith efforts (GFEs). A contractor may be awarded a project only after WSDOT has approved its small and veteran business plan or confirmed its GFEs. Revisions of small and veteran business plans may be necessary prior to plan approvals.

(2) Quarterly small and veteran business plans are required for design-build and general contractor/construction manager projects. The first quarterly small and veteran business plan shall be submitted prior to contract award and must be approved by the department prior to contract execution. Subsequent small and veteran business plans must include information, as applicable, regarding:

(a) Small and veteran business goal attainment;

(b) A list all of the PWSBEs or VOBs that have been contracted to date;

(d) The dollar amount of the participation of each PWSBE or VOB;

(e) The contractor's written commitment to use the PWSBE or VOB submitted;

(f) Written confirmation from each PWSBE or VOB firm that it is participating in the contract in the kind and amount of work provided in the small and veteran business plan;

(g) Corrective actions necessary to meet the established goals;

(h) Outreach strategies;

(i) Innovative approaches to secure goal(s); and

(j) Other evidence of GFEs to meet the contract goal.

History

Statutory Authority: Chapter 39.19 RCW and RCW 47.28.030(3). WSR 24-20-080, s 468-17-090, filed 9/27/24, effective 10/28/24. Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 21-19-031, § 468-17-090, filed 9/10/21, effective 10/11/21
WSR 19-12-026, § 468-17-090, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-100 Good faith efforts.

The efforts employed by the prime contractor, design-builder, or consultant should be commercially reasonable and should demonstrate that they are actively and aggressively trying to fulfill the established small and veteran business goals. Mere pro forma efforts are not commensurate with good faith efforts. Actions that may be considered as part of good faith efforts to achieve small and veteran business goals include, but are not limited to:

(1) Identification of interested small and veteran-owned firms that have the capability to perform the work of the contract;

(2) Providing reasonable time for PWSBE or VOB to fully and meaningfully respond to bid solicitations, that includes providing adequate information about the plans, specifications, and requirements of the contract along with timely responses to subcontractor inquiries and proposals;

(3) Apportioning contract work items into economically feasible units to facilitate PWSBE or VOB participation and where possible, establishing flexible time frames for performance to encourage participation;

(4) Effectively using the services of available veteran and small business community organizations, contractors' groups, local and state support offices, and other organizations in the recruitment and placement of targeted firms;

(5) Adequately researching interested subcontractors and their capabilities before rejecting their proposals;

(6) Not relying on price alone in the selection of subcontractors and considering reasonable quotes from PWSBE or VOB, even if other quotes are less expensive.

History

Statutory Authority: Chapter 39.19 RCW and RCW 47.28.030(3). WSR 24-20-080, s 468-17-100, filed 9/27/24, effective 10/28/24. Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 19-12-026, § 468-17-100, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-110 Overhead reimbursement.

WSDOT may reimburse each prime contractor or consultant five percent of the actual amount that the prime contractor or consultant paid to PWSBEs or VOBs and that is counted toward the goal. This overhead reimbursement is available only on construction projects, is to be based on actual dollars paid, excludes multiplier credits, and may not exceed $100,000 for any prime contractor or consultant in a single calendar year. Overhead reimbursement payments will be made only after a contractor has fulfilled its small and veteran business goals. Reimbursement payments will not be paid to contractors for partial completion of aforementioned goals. No contractor may receive an overhead reimbursement if it meets the contract goal using work performed with its own forces.

History

Statutory Authority: Chapter 39.19 RCW and RCW 47.28.030(3). WSR 24-20-080, s 468-17-110, filed 9/27/24, effective 10/28/24. Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 19-12-026, § 468-17-110, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-120 Sanctions.

(1) Upon completion of a project, a prime contractor performance report will display a contractor's goal attainment or GFE. Failure to meet the goal or provide an acceptable GFE may lead to the following sanctions:

(a) Suspension of a contractor's prequalification; or

(b) Liquidated damages as defined under RCW 62A.2-718.

(2) Failure to secure WSDOT approval on quarterly small and veteran business plans for design-build projects may also subject a prime contractor or consultant to fines, penalties, or sanctions, including:

(a) Suspension of a contractor's prequalification; or

(b) Liquidated damages as defined under RCW 62A.2-718.

History

Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 19-12-026, § 468-17-120, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-130 Severability.

If any provision of these regulations, or their application to any person or circumstance, is held invalid, the remainder of the regulations or the application of their provision to other persons or circumstances shall not be affected.

History

Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 19-12-026, § 468-17-130, filed 5/29/19, effective 6/29/19.

Wash. Admin. Code § 468-17-140 Effective date.

Reserved.

History

Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 19-12-026, § 468-17-140, filed 5/29/19, effective 6/29/19.

Chapter 468-18 City/county project coordination.

Wash. Admin. Code § 468-18-010 Consent by local governing body.

Consent by local governing body . . . it is the requirement of the state department of transportation that when consent or concurrence is required of any local governing body as to any project or proposal of the state department of transportation, the local body indicate its concurrence, assent or other action regarding such project or proposal by resolution of the governing body of such authority, duly passed at a regular meeting of such body and directed to be transmitted to the state department of transportation.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-18-010, filed 12/20/78. Formerly WAC 252-10-010.

Wash. Admin. Code § 468-18-030 Policy governing use of county roads as haul roads on state highway projects.

(1) The secretary of transportation or his representative shall, at the time of the preliminary planning for any state highway project requiring the use of any county road or portion thereof as a haul road, contact the county officials and advise them that such use is contemplated.

(2) When the final plans for such project are prepared, and prior to advertising for bids, the secretary of transportation or his representative shall meet with the county officials and inform them of the full particulars regarding the intended use of the county road, including estimates of the total yardage involved and the duration of the project.

(3) Before a contract is awarded, the secretary of transportation and the county officials shall sign an agreement setting forth clearly the obligations of the state for defraying added maintenance costs for the county road involved. The agreement shall specifically set forth that the conclusions of the secretary of transportation as to the actual costs to be paid by the state shall be final and conclusive.

(4) Subsequent to the state's contractor having terminated his use of the county road and as soon thereafter as is possible the county shall submit its claim for compensation for additional maintenance and the secretary shall make such review thereof as shall be necessary to ascertain that the state will pay only that portion of the increased maintenance costs occasioned by the state's contractor's use of the county roads.

(5) A special provision in the contract shall specify that the contractor or contractors using the county road as a haul road in connection with the state project shall abide by all weight and speed laws in the operation of his or their equipment and shall be liable for any increased damage to the road by reason of his or their failure to do so.

(6) For administration purposes moneys paid pursuant to the maintenance agreement shall be included as part of the construction project.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-18-030, filed 12/20/78. Formerly WAC 252-10-030.

Wash. Admin. Code § 468-18-040 Design standards for rearranged county roads, frontage roads, access roads, intersections, ramps and crossings.

Because of the wide variety of rearranged county roads, frontage or access roads, intersections, ramps and crossings encountered by the freeway construction and relocation of other state highways, further understandings are desirable as to the jurisdiction and the responsibility between the county and state.

Following are the criteria, procedure and design standards that the state department of transportation shall use in the planning for frontage roads and access roads that counties will be requested to accept as county roads and the construction of rearranged county roads, intersections, ramps and crossings:

(1) At the early stages of planning, the state and county shall review the proposed improvement and determine what cooperative agreements will be needed between the state and county.

(2) The proposed design standards shall not be less than the current "city-county design standards" located within the "Local Agency Guideline Manual," except where an individual county shall have adopted a higher design standard, in which case the higher standard shall apply.

(3) The proposed construction shall include all the necessary traffic control and safety devices and be signed in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways, as modified and adopted by the Washington state department of transportation, to protect the driving public.

(4) Unless otherwise agreed to between the state and county, the responsibilities of each agency shall conform to the following basic principles:

(a) Where an existing county road is crossed by a state highway underpass, the state will construct the underpass and necessary approaches and maintain the underpass.

The roadway to be provided for county traffic will be constructed by the state.

If illumination exists on the county road at the time of construction of the underpass, the state shall provide the necessary facilities for illuminating the county's portion of the road over the state highway and the necessary approach roadway.

If it is determined that illumination will be necessary at a later date and it will be necessary to place conduits in the structure, the state shall provide same.

The county will maintain the roadway providing for county traffic including traffic stripe, snow removal, sanding and illumination, if needed, for the county road.

(b) Where an existing county road is crossed by a state highway overpass, the state will construct the structure and necessary approach roadway and maintain the structure.

The county will maintain the entire roadway under the structure except special drainage, if needed.

The state shall provide the necessary facilities for illuminating the county's portion of the road under the structure and necessary approach roadway, unless otherwise agreed.

(c) When an existing county road is crossed at grade by a new state highway, the state will assume all costs for the construction including taper sections, acceleration and deceleration lanes and be responsible for all maintenance to the right of way line.

Stop signs after installation shall be maintained in accordance with the state statutes.

The construction and maintenance of illumination will be the responsibility of the state.

When a new county road intersects a state highway, the maintenance responsibilities will be the same as outlined above. The construction costs shall be the responsibility of the county.

(d) Whenever, because of increased traffic, heavy turning movements, accident frequency or other good cause, it becomes necessary to initiate a project for the improvement of an existing intersection not incidental to a construction project, the state and county will cooperate in the cost of the improvement in each case by mutual agreement in accordance with the following formula:

(i) Ascertain the number of legs of the intersection under the existing responsibility of each agency involved.

(ii) Ascertain the traffic volume on each leg.

(iii) Add the traffic counts on each agency's intersection legs.

(iv) The resulting percentage of the traffic volume total falling to each jurisdiction should be the relative proportion of the improvement's cost to be borne by each agency: Provided, That in no case shall the county's share of the total cost of the improvement exceed fifty percent of that cost.

The maintenance responsibilities will be the same as outlined above in subparagraph (c) of this subsection.

(e) When an interchange is constructed at an intersection of a state highway and county road, the ramps, structure and crossroad within the interchange area shall be maintained and reconstructed, if necessary, by the state. Illumination, if required, shall be constructed by the state and that portion located on state right of way maintained by the state or as otherwise agreed.

Traffic signals on state right of way, if required at ramp terminals, shall be constructed, operated and maintained by the state.

(f) Where it is necessary to relocate an existing county road, the state will construct the road and the county will maintain the road.

(g) If a county road or street is dead-ended, the state will construct a cul-de-sac to the county standards.

(h) When it is necessary for the state to construct service roads, landlock prevention roads or dead-end roads, which may be desirable in lieu of damages to property, the provisions of RCW 47.52.105 shall be the guide.

All roads under this subsection shall be the state's responsibility unless otherwise agreed to between the state and county.

(i) Upon completion of the construction of each rearranged county road, frontage road, access road, intersection or crossing for which an agreement has been entered into between the state and county, an inspection by the state and county road engineer shall be made to determine that all the requirements of the agreement have been fulfilled. Upon fulfillment of the agreement, the state shall notify the county in writing and the county shall assume the responsibilities as set forth in said agreement.

(5) The transfer of any right of way by the state to a county for any rearranged county road, frontage road, access road, intersection, crossing, or improvements constructed under this chapter shall be in accordance with WAC 468-30-070, as amended.

History

Statutory Authority: RCW 36.75.090. WSR 09-09-068, § 468-18-040, filed 4/14/09, effective 5/15/09. Statutory Authority: RCW 47.01.101. WSR 99-01-121 (Order 186), § 468-18-040, filed 12/21/98, effective 1/21/99. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-18-040, filed 12/20/78. Formerly WAC 252-10-041.

Wash. Admin. Code § 468-18-050 Policy on the construction, improvement and maintenance of intersections of state highways and city streets.

(1) Legal reference. Section 61, chapter 220, Laws of 1949 provides in part as follows: "...; and all such streets including curbs and gutters and street intersections and such bridges and wharves shall be constructed and maintained by the director from any state funds available therefor.

"The jurisdiction control and duty of the state and city and town with respect to said streets shall be as follows:

"(a)...

"(b) The city and town shall exercise full responsibility for and control over any such street beyond the curbs, and if no curb is installed beyond the portion used for highway purposes."

(2) The problem. The construction of partially and fully controlled limited access freeways or similarly designed state highways through cities and towns is becoming more frequent. The construction of cloverleaf and other types of interchanges makes it difficult to determine exactly which features of the interchange constitute the "street intersection" for which responsibility is established by law.

(3) The policy. After the access plan for any partial, or fully controlled limited access highway has been approved by a city or town, the state and city authorities shall negotiate an agreement establishing responsibility for construction and maintenance of the various features of each interchange. To illustrate the basic principles of these responsibilities and to serve as a guide in such negotiations, the attached sketches of typical intersections and interchanges are hereby made a part of this policy. The scope of this policy does not include the roadside areas enclosed in the loops or ramps of an interchange or the slopes of cuts and fills, responsibility for which is more clearly defined by statute.

| | | --- | | normal intersection existing state highway state maintenance obligation shown in green Figure 1 |

| | | --- | | existing city street crossed by new state highway underpass city maintenance obligation shown in red Figure 2 |

| | | --- | | existing city street crossed by new state highway overpass city maintenance obligation shown in red Figure 3 |

| | | --- | | existing city street crossed at grade by new state highway state maintenance obligation shown in green Figure 4 |

| | | --- | | channelized intersection new state highway state maintenance obligation shown in green Figure 5 |

| | | --- | | typical limited access highway city maintenance obligation shown in red state maintenance obligation shown in green Figure 6 |

| | | --- | | typical limited access highway utilizing city streets as "on" and "off" ramps city maintenance obligation shown in red state maintenance obligation shown in green Figure 7 |

| | | --- | | depressed limited access highway located between city streets city maintenance obligation shown in red state maintenance obligation shown in green Figure 8 |

On April 30, 1997, the department of transportation and the Association of Washington Cities approved guidelines on the interpretation of selected topics of chapter 47.24 RCW and the above figures for the construction, operation and maintenance responsibilities of the department and cities for city streets that are part of state highways. These guidelines are general in nature and do not preclude the department and individual cities from entering into agreements to address particular circumstances.

History

Statutory Authority: RCW 47.01.101. WSR 99-01-121 (Order 186), § 468-18-050, filed 12/21/98, effective 1/21/99. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-18-050, filed 12/20/78. Formerly WAC 252-10-050.

Chapter 468-19 Minority and women business enterprise enforceable goals program.

Wash. Admin. Code § 468-19-010 Counting participation.

(1) When a business certified by the office of minority and women's business enterprises as a minority or women business enterprise (MWBE) pursuant to RCW 39.19.120 participates in a contract (construction or consultant service agreement), only count the value of the work performed by the MWBE.

(2) Count the entire amount of that portion of the contract that is performed by the MWBE's own forces. Include the cost of supplies and materials obtained by the MWBE for the work of the contract, including supplies purchased or equipment leased by the MWBE (except supplies and equipment the MWBE purchases or leases from the prime contractor or its affiliate).

(3) Count the entire amount of fees or commissions charged by a MWBE for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a contract, toward MWBE goals, provided the fee is determined to be reasonable and not excessive as compared with fees customarily allowed for similar services.

(4) When a MWBE participates as a broker (i.e., arranging a transaction or service but does not provide a work product or enhancement), only the dollar value of the fee or commission charged or 20 percent of the total dollar value of expenditures by the MWBE (whichever is greater) counts toward the MWBE goal.

(5) Do not count the cost of the materials and supplies themselves toward MWBE goals.

(6) When a MWBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward MWBE goals only if the MWBE's subcontractor is itself a MWBE. Work that a MWBE subcontracts to a non-MWBE firm for more than 25 percent does not count toward MWBE goals.

(7) Do not count payments to a MWBE when the MWBE firm participates as an extra participant in a transaction, through which funds are passed in order to give the appearance of participation by the MWBE firm and an attempt to count toward the enforceable MWBE goal. Pass-throughs are not countable towards the MWBE goal and are a violation of the program requirements.

(8) When a MWBE firm performs as a participant in a joint venture, count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work, commensurate with the firm's interest in the joint venture, of the contract that the MWBE performs with its own forces toward the goal.

(9) Count expenditures with MWBEs for materials or supplies toward MWBE goals as provided in the following:

(a) If the materials or supplies are obtained from a MWBE manufacturer, count 100 percent of the cost of the materials or supplies toward MWBE goals. For purposes of this paragraph, a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications.

(b) If the materials or supplies are purchased from a MWBE supplier, count 100 percent of the cost of the materials or supplies toward MWBE goals. A supplier is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles, or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business.

(10) Determine the amount of credit awarded to a firm for the provisions of materials and supplies (e.g., whether a firm is acting as a supplier or a broker) on a contract-by-contract basis.

(11) Count expenditures to a MWBE toward MWBE goals only if the MWBE is performing a commercially useful function (CUF) on that contract.

(12) If a firm is certified as a MWBE at the time of initiation of their contract work, count the firm's participation toward the MWBE goals.

(13) If a firm becomes certified during the performance of their work, count the firm's participation from the date of certification.

(14) Do not count the dollar value of work performed under a contract with a firm 60 days after it has ceased to be certified.

(15) When a MWBE is removed from the MWBE program during the contract, all prior participation of that MWBE shall continue to count towards the MWBE goal, as long as the contract with the MWBE was executed prior to the removal notice.

(16) Do not count the participation of a MWBE toward a prime contractor's final compliance with its MWBE obligations on a contract until the amount being counted has actually been paid to the MWBE.

History

Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, 47.28.030, and chapter 39.19 RCW. WSR 24-05-030, § 468-19-010, filed 2/12/24, effective 3/14/24.

Wash. Admin. Code § 468-19-020 Commercially useful function (CUF).

(1) A MWBE performs a CUF when it is responsible for execution of the work of the contract and is carrying out its responsibilities by performing, managing, and supervising the work involved. To perform a CUF, the MWBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. Paying for materials are subject to the joint check rules established herein.

(2) A MWBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed to obtain the appearance of MWBE participation.

(3) If a MWBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own workforce, or the MWBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, WSDOT will presume it is not performing a commercially useful function.

(4) When a MWBE is presumed not to be performing a CUF pursuant to subsection (3) of this section, the MWBE may present evidence to rebut this determination. It may be determined that the firm is performing a CUF given the type of work involved and normal industry practices.

(5) The following factors are used in determining whether a MWBE trucking company is performing a commercially useful function:

(a) The MWBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting MWBE goals.

(b) The MWBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.

(c) The MWBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs.

(d) The MWBE may lease trucks from another MWBE firm, including an owner-operator who is certified as a MWBE. The MWBE who leases trucks from another MWBE receives credit for the total value of the transportation services the lessee MWBE provides on the contract.

(e) The MWBE may also lease trucks from a non-MWBE firm, including from an owner-operator. The MWBE that leases trucks equipped with drivers from a non-MWBE is entitled to credit for the total value of transportation services provided by non-MWBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by MWBE-owned trucks or leased trucks with MWBE employee drivers. Additional participation by non-MWBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. If a recipient chooses this approach, it must obtain written consent from the WSDOT office of equity and civil rights.

(i) The MWBE may lease trucks without drivers from a non-MWBE truck leasing company. If the MWBE leases trucks from a non-MWBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.

(ii) For purposes of this paragraph, a lease must indicate that the MWBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the MWBE, so long as the lease gives the MWBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the MWBE.

History

Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, 47.28.030, and chapter 39.19 RCW. WSR 24-05-030, § 468-19-020, filed 2/12/24, effective 3/14/24.

Wash. Admin. Code § 468-19-030 Termination and substitution.

(1) The prime contractor cannot change the scope or reduce the amount of work committed to an MWBE without good cause. Reducing MWBE commitment is considered termination, and therefore subject to the termination procedures, described herein.

(2) In the event that work committed to an MWBE firm underruns the original planned quantities, the prime contractor may be required by WSDOT to substitute other remaining work to another MWBE.

(3) In instances where WSDOT makes changes that result in reductions to work that was committed to an MWBE, the prime contractor may be directed to subcontract other remaining contract work for possible MWBE participation.

(4) Termination of a MWBE is only allowed in whole or in part for good cause and with prior written approval of WSDOT. If the prime contractor terminates or substitutes a MWBE without the prior written approval of WSDOT, the prime contractor may not be entitled to payment for work committed to, but not performed/supplied by the MWBE.

(5) Prior to requesting approval to terminate or substitute a MWBE, the prime contractor shall give notice in writing to the MWBE with a copy to WSDOT of their intent to terminate the MWBE and the reasons for doing so. The MWBE shall have five days to respond to the prime contractor's notice. The MWBE's response shall either support the termination or advise WSDOT and the prime contractor of the reasons it objects to the termination of its subcontract or MWBE commitment.

(6) If the request for termination is approved, the prime contractor is required to make a good faith effort (GFE) to find another MWBE to perform at least the same dollar amount of work under the contract as the MWBE that was terminated. A plan to replace the MWBE commitment or GFE shall be submitted to WSDOT within seven calendar days of the approval of termination.

(7) Good cause typically includes situations where the MWBE is unable or unwilling to perform the work of its subcontract.

(a) Good cause may exist if:

(i) The MWBE fails or refuses to execute a written contract.

(ii) The MWBE fails or refuses to perform the work of its contract in a way consistent with normal industry standards.

(iii) The MWBE fails or refuses to meet the prime contractor's reasonable nondiscriminatory bond requirements.

(iv) The MWBE becomes bankrupt, insolvent, or fails to pay their suppliers, unions, other creditors, or employees.

(v) The MWBE is ineligible to work on public works projects because of suspension and debarment proceedings pursuant to federal law or applicable state law.

(vi) The MWBE is ineligible to receive credit for the type of work involved.

(vii) The MWBE voluntarily withdraws from the project and provides written notice of its withdrawal.

(viii) The MWBE's work is deemed unsatisfactory by the agency and not in compliance with the contract.

(ix) The MWBE's owner dies or becomes disabled, with the result that the MWBE is unable to complete its work on the contract.

(b) Good cause does not exist if:

(i) The prime contractor seeks to terminate an MWBE so that the prime contractor can self-perform the work.

(ii) The prime contractor seeks to terminate an MWBE so the prime contractor can substitute another MWBE or non-MWBE after the contract has been awarded to the MWBE.

(iii) The failure or refusal of the MWBE to perform its work on its contract results from the bad faith or discriminatory action of the prime contractor (e.g., the failure of the contractor to make timely payments or the unnecessary placing of obstacles in the path of the MWBE's work).

History

Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, 47.28.030, and chapter 39.19 RCW. WSR 24-05-030, § 468-19-030, filed 2/12/24, effective 3/14/24.

Wash. Admin. Code § 468-19-040 Joint checks.

(1) Joint checks may only be used by a MWBE to pay for materials or supplies.

(a) A joint check is a check between a MWBE and the prime contractor to the supplier of materials/supplies, only.

(b) The check is issued by the prime contractor as payer to the MWBE and the material supplier jointly for items to be incorporated into the project.

(2) A joint check agreement must be approved by the WSDOT and requested by the MWBE involved. The MWBE joint check agreement between the parties involved must include the conditions of the arrangement and the expected use of the joint checks.

(3) The prime contractor shall not directly pay the supplier for materials or supplies used by the MWBE.

(4) If the procedures described herein are not followed, the MSVWBE may be determined to not be providing a CUF.

History

Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, 47.28.030, and chapter 39.19 RCW. WSR 24-05-030, § 468-19-040, filed 2/12/24, effective 3/14/24.

Wash. Admin. Code § 468-19-050 Good faith efforts.

(1) The prime contractor shall utilize the MWBEs to perform the work and supply the materials for which each is committed through an executed contract, unless prior written approval by WSDOT has been received by the contractor. The prime contractor shall not be entitled to any payment for work or material completed by the prime contractor or other subcontractors that was committed to be completed by an MWBE.

(2) The prime contractor shall make a good faith effort (GFE) to achieve the MWBE contract goals. The following is a list of the types of actions which would be considered as part of the prime contractor's GFE to achieve MWBE participation. It is not intended to be an exclusive or exhaustive list. Other factors or types of efforts may be relevant in certain cases.

(a) Prime contractor solicited, through all reasonable and available means, the interest of all certified MWBEs who had the capability to perform the work of the contract.

(b) The prime contractor solicited interest with sufficient time to allow MWBEs to respond to the solicitation.

(c) The prime contractor determined with certainty that MWBEs were interested in taking appropriate steps to follow up initial solicitations with potential MWBEs.

(d) Where appropriate, breaking out the contract work items into economically feasible units to facilitate MWBE participation; even when the prime contractor might otherwise prefer to perform these work items with its own forces.

(e) Provided interested MWBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation.

(f) Not rejecting MWBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities.

(g) Made efforts to assist interested MWBEs in obtaining bonding, lines of credit, or insurance as required by WSDOT or the prime contractor.

(h) Made efforts to assist interested MWBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.

(i) Effectively used the services of available community organizations; contractor's groups; local, state, and federal small business assistance offices; and other organizations to provide assistance in recruitment and placement of MWBEs.

(j) Documentation of GFE must include copies of each MWBE and non-MWBE quotes submitted to the prime contractor when a non-MWBE selected over a MWBE for work on the contract.

History

Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, 47.28.030, and chapter 39.19 RCW. WSR 24-05-030, § 468-19-050, filed 2/12/24, effective 3/14/24.

Wash. Admin. Code § 468-19-060 Other program requirements.

(1) The prime contractor shall submit a monthly inclusion report to WSDOT, documenting each MWBE on the contract, the MWBE's original and current contract value, invoice to date, and total payments to date.

(2) The prime contractor shall provide an inclusion manager responsible for developing, overseeing, and managing a contract inclusion program and the inclusion plan, which describes and defines the process for attaining the MWBE goals.

(3) The inclusion plan shall be submitted to WSDOT within 30 days of initiating contract work, and be updated annually, thereafter, until project physical completion.

History

Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, 47.28.030, and chapter 39.19 RCW. WSR 24-05-030, § 468-19-060, filed 2/12/24, effective 3/14/24.

Wash. Admin. Code § 468-19-070 Penalties for noncompliance.

If a person, firm, corporation, or business does not comply with any provision of this chapter or with a contract requirement established under this chapter, WSDOT may impose one or more of the following penalties: Withholding payment, suspension or revocation of the prime contractor's prequalification in accordance with chapter 468-16 WAC, or suspension or termination of the contract.

History

Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, 47.28.030, and chapter 39.19 RCW. WSR 24-05-030, § 468-19-070, filed 2/12/24, effective 3/14/24.

Chapter 468-20 Dishonored checks.

Wash. Admin. Code § 468-20-900 Dishonored checks.

Checks dishonored by nonacceptance or nonpayment; handling fee; liability for interest and collection costs; attorney's fees.

(1) Whenever a check, as defined in RCW 62A.3-104, is dishonored by either nonacceptance or nonpayment for any reason other than by a justifiable stop payment order, the department shall collect from the drawer or maker, in addition to the face amount of the check, a reasonable handling fee, per check, in an amount consistent with current commercial practices but not less than the handling fee authorized in the then current state purchase contract for dishonored check collection services.

(2) When the dishonored check and handling fee have not been paid within fifteen days of the mailing of a notice of dishonor to the drawer or maker at his or her last known address, the drawer or maker shall also be liable for the payment of interest as well as the costs of collection as authorized in statute.

(3) Should the department have to pursue collection of the check through the courts, the drawer or maker may also be liable for reasonable attorneys' fees plus damages as authorized in statute.

History

Statutory Authority: RCW 62A3-515 [62A.3-515]. WSR 96-01-090 (Order 159), § 468-20-900, filed 12/19/95, effective 1/19/96. Statutory Authority: RCW 62A.3-104. WSR 91-02-007 (Order 126), § 468-20-900, filed 12/21/90, effective 1/21/91.

Chapter 468-22 County ferry franchises, tolls, and financial assistance.

Wash. Admin. Code § 468-22-010 Purpose.

23 U.S.C. §129 and RCW 47.04.140 require that counties operating ferries which receive federal aid under Title 23 of the United States Code must obtain from the department a franchise authorizing such ferry operations and approving their tolls. RCW 47.56.720 and 47.56.725 permit the department to enter into continuing agreements to provide financial assistance for counties operating ferries. The purpose of this chapter is to provide procedures for the granting of such franchises and the provision of such financial assistance.

History

Statutory Authority: Chapter 34.05 RCW. WSR 90-19-103 (Order 122), § 468-22-010, filed 9/19/90, effective 10/20/90.

Wash. Admin. Code § 468-22-020 Application for franchise.

At least ninety days before: Beginning operation of a ferry route; or first applying for federal aid under Title 23 U.S.C. for the construction, reconstruction, or modification of any county-operated ferry or approach(es) thereto, a county shall submit to the State Aid Office of the Department, Transportation Building, Olympia, Washington 98504, an application for a county ferry franchise, on a form obtainable upon request from the department. The county shall include with its application:

(1) A map showing the location of the existing or proposed ferry route(s);

(2) A schedule of proposed tolls and charges for the existing or proposed ferry route(s), together with a proposed revenue and expenditure statement;

(3) A certification that the proposed ferry route(s) is/are not otherwise served by adequate transportation facilities; and

(4) A certification that the proposed tolls and charges are consistent with the requirements of RCW 47.04.140(2) and 23 U.S.C. §129.

History

Statutory Authority: Chapter 34.05 RCW. WSR 90-19-103 (Order 122), § 468-22-020, filed 9/19/90, effective 10/20/90.

Wash. Admin. Code § 468-22-030 Review of franchise application by department.

The department shall review a county's application for a ferry franchise, together with any accounting data required by WAC 468-22-060(3). If the department finds that the ferry route(s) described in the application is/are not otherwise served by adequate transportation facilities; and that the proposed tolls and charges are consistent with the requirements of RCW 47.04.140(2) and 23 U.S.C. §129, it shall issue:

(1) A county ferry franchise for the operation of such route(s); and

(2) A toll certification, within sixty days of its receipt of the county's application.

History

Statutory Authority: Chapter 34.05 RCW. WSR 90-19-103 (Order 122), § 468-22-030, filed 9/19/90, effective 10/20/90.

Wash. Admin. Code § 468-22-040 Application for certification of toll changes.

All counties possessing current ferry franchise(s) shall submit to the state aid office of the department an application for certification of toll changes at least sixty days before implementation of any changes in tolls and charges for its route(s). Application shall be made on a form obtainable upon request from the department. The county shall include with its application:

(1) Schedules of both existing and proposed tolls and charges; and

(2) A certification that the proposed tolls and charges are consistent with the requirements of RCW 47.04.140(2) and 23 U.S.C. §129.

History

Statutory Authority: Chapter 34.05 RCW. WSR 90-19-103 (Order 122), § 468-22-040, filed 9/19/90, effective 10/20/90.

Wash. Admin. Code § 468-22-050 Review of application for certification of toll changes.

The department shall review a county's application for certification of toll changes, together with any accounting data required by WAC 468-22-060(3). If the department finds that the proposed tolls and charges are consistent with the requirements of RCW 47.04.140(2) and 23 U.S.C. §129, it shall issue a new toll certification. If the department finds that the proposed tolls and charges are not consistent with the requirements of RCW 47.04.140(2) and 23 U.S.C. §129, it shall:

(1) So advise the county within thirty days of its receipt of the county's toll change application; and

(2) Cancel the county's toll certification, until it receives a revised schedule of proposed tolls which is consistent with the requirements of RCW 47.04.140(2) and 23 U.S.C. §129 after which it shall issue a new toll certification.

History

Statutory Authority: Chapter 34.05 RCW. WSR 90-19-103 (Order 122), § 468-22-050, filed 9/19/90, effective 10/20/90.

Wash. Admin. Code § 468-22-060 Procedures for obtaining financial assistance.

To obtain financial assistance for a ferry or ferry system under RCW 47.56.720 or 47.56.725, a county and the department shall comply with the following procedures:

(1) Before receiving financial assistance, a county shall sign an agreement with the department, the form of which shall be agreed upon between the department, and the county.

(2) County requests for reimbursement and department payments to counties shall be made in the manner specified in the agreement for financial assistance.

(3) No later than April 1 of each year, a county shall provide to the department, on a form prescribed by the department, a complete accounting of that county ferry's toll revenues and operation and maintenance expenditures for the previous county fiscal year.

History

Statutory Authority: RCW 34.05.353 (1)(a) and (c). WSR 10-01-176, § 468-22-060, filed 12/22/09, effective 1/22/10. Statutory Authority: Chapter 34.05 RCW. WSR 90-19-103 (Order 122), § 468-22-060, filed 9/19/90, effective 10/20/90.

Chapter 468-30 Highway property.

Wash. Admin. Code § 468-30-010 Policy and procedure for handling assessments against state highway lands.

(1) The secretary of transportation is the "chief administrative officer" of the department of transportation as that phrase is applied in chapter 79.44 RCW. The secretary of transportation is also the "agency head" as that phrase is applied in chapter 82-12 WAC.

(2) Whenever real property or real property rights are acquired all interests in the real property or real property rights shall be discharged as authorized by law. If any assessing entity may in the course of its operation assess for the maintenance, operation, or any function of the assessing entity subsequent to acquisition, the present value of those subsequent assessments shall be determined by the parties and that amount paid in exchange for a deed releasing the real property or real property interests from all subsequent assessments by the assessing entity and an order entered in the records of the assessing entity to that same effect.

(3) Whenever any assessing district as defined and provided in chapter 79.44 RCW seeks to include any real property or real property interests of the department of transportation the department shall proceed as authorized by law. If any assessing district may assess further for the maintenance, operating, or any function of the assessing district, the present value of those subsequent assessments shall be determined by the parties and that amount paid in exchange for a deed releasing the real property or real property interests from all subsequent assessments by the assessing district and an order entered in the records of the assessing district to that same effect.

(4) Whenever the department of transportation holds any real property or real property interests which are subject to future assessments by an assessing entity the present value of those subsequent assessments shall be determined by the parties and that amount paid in exchange for a deed releasing the real property or real property interests from all subsequent assessment by the assessing entity and an order entered in the records of the assessing district to that same effect.

(5) Whenever any assessing district as defined in chapter 73.44 RCW refuses to release future assessments by payment in advance, the assessments may be paid annually.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-30-010, filed 12/20/78. Formerly WAC 252-12-010.

Wash. Admin. Code § 468-30-020 Policy for the control of irrigation waste waters encroaching upon highway rights of way.

(1) When the United States bureau of reclamation or irrigation districts must permit their irrigation waste waters to encroach upon or cross highway rights of way in carrying them to a natural drainage channel or an established waterway or drainage ditch, said bureau of reclamation or irrigation districts shall request permission to do so under the provisions of chapter 47.44 RCW.

(2) Discharge of irrigation waste waters into normal highway ditches will not be tolerated. Property owners will not be permitted to carry waste waters in laterals paralleling and within highway rights of way.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-30-020, filed 12/20/78. Formerly WAC 252-12-020.

Wash. Admin. Code § 468-30-040 Use of space beneath limited access facilities in cities and towns.

See WAC 468-58-040.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-30-040, filed 12/20/78. Formerly WAC 252-12-030 and 252-20-035.

Wash. Admin. Code § 468-30-050 Policy relative to granting and maintaining road approaches to state highway system.

(1) Approaches granted by right of way negotiation shall include in the instrument a provision that the approach shall be maintained by the grantee outside the shoulder line of the highway. This shall obtain irrespective of whether the state constructs the approach or not.

(2) Approaches granted by permit shall continue to be maintained outside the highway shoulder line by the holder of the permit.

(3) Existing structures, which have been granted under permit but which may be reconstructed by the state with the reconstruction of the highway, shall be maintained by the property owner and provision for such maintenance shall be set forth in the new permit or right of way instrument providing for the approach reconstruction. This is applicable to approaches which have developed but which are not covered by permit or right of way negotiation.

(4) Existing approaches outside the shoulder of the highway which were constructed by the state under a provision of a right of way transaction without mention of maintenance and which have previously been maintained by the state shall hereafter be maintained by the abutting property owner.

(5) Approaches to limited access highways shall be to frontage roads where provided and only to the main roadway where this is specifically intended under the plan showing access for the particular section within which the approach is located.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-30-050, filed 12/20/78. Formerly WAC 252-12-040.

Wash. Admin. Code § 468-30-060 Rental of state highway lands and improvements.

(1) All improved property acquired by the department of transportation for future transportation purposes may be rented to the occupying owner or tenant (initial displacee) for a period of up to ninety days. If the improvement is deemed unrentable or does not meet DS & S standards, there are no further rentals. The improvement is then scheduled for sale and removal or demolition. Other improvements may be rented to subsequent tenants on a month-to-month basis until the property is required by pending construction. In no event shall the property be rented to the original displacee beyond the initial ninety day period unless there are extenuating circumstances and prior written approval of the chief right of way agent.

(2) Leases and rental agreements in furtherance of the policy set forth in subsection (1) of this section and pursuant to authority contained in chapter 162, Laws of 1949, shall be negotiated by the land management branch of the department of transportation where directed by the secretary of transportation. Said division shall prepare all necessary documents to accomplish such leases and shall submit same to the secretary for action thereon as indicated in subsection (4) of this section.

(3) The rental rates are based on the following:

(a) The rental rate is economic rent as determined by either a market data report of rentals or a written determination by appraisal.

(b) For those rentals subject to excise tax under the provisions of chapter 82.29A RCW, the tax is payable in addition to the determined rental rate.

(d) Where the acquired improvement is tenant occupied, the rental rate in effect at the time of acquisition shall continue for ninety days. Thereafter the rental rate shall be economic rent. Should the tenant be paying more than economic rent, the rent is to be immediately lowered to economic rent.

(e) The rent for the first month (pay period) is calculated and adjusted to the next closest first or fifteenth day. This adjusted rent and the last month's (pay period) rent are payable upon execution of the rental agreement.

(4) Authority to approve rental agreements:

(a) All rental agreements in which the rental rate equals or exceeds the "minimum standard rental rates" of the applicable provisions of subsection (3) of this section may be approved by the secretary of transportation or his designee.

(b) The following described agreements (i) and (ii) will not be considered under the provisions of subsection (3) of this section and may be approved by the secretary of transportation.

(i) Interim possession agreements—Interim agreements will give possession to a prospective air space lessee during the period prior to the formalization and approval of an air space lease. The agreements will provide interim rental at a negotiated figure and will be terminable on thirty days' notice.

(ii) Mutual benefits possession agreements—Mutual benefits possession agreements will involve those properties where the benefits to the state will equal those derived by the lessee and will be terminable on thirty days' notice. The value of mutual benefit will be determined by the secretary or his designee.

(5) Leases and rental agreements shall be subject to termination on a maximum of sixty days' written notice, provided, that the secretary or his designee may approve time extensions in specific cases.

History

Statutory Authority: RCW 47.12.120 and 47.01.101(5). WSR 86-18-039 (Order 104), § 468-30-060, filed 8/28/86. Statutory Authority: RCW 47.12.120. WSR 83-19-012 (Order 82), § 468-30-060, filed 9/12/83. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-30-060, filed 12/20/78. Formerly WAC 252-12-050.

Wash. Admin. Code § 468-30-070 Procedure for transfer of abandoned state highways to counties.

A public highway which is or has been a part of the route of a state highway and is no longer necessary as such may be certified to the county in which it is located in the following manner:

The department of transportation shall notify the affected board of county commissioners and the county engineer of any certifications anticipated for the ensuing calendar year not later than August 1 of the previous year, so that the county may provide in its budget for the maintenance and/or reconstruction of roads which are transferred to it by the department of transportation in accordance with RCW 36.75.090.

(1) When a tentative date has been determined on which the transfer of the highway is to be made, the appropriate department of transportation region shall arrange for a joint maintenance inspection by representatives of the department of transportation and the county.

(2) Any and all routine maintenance deficiencies which are noted at the time of this inspection shall be corrected by the department of transportation region maintenance forces.

(3) Upon completion of any maintenance work deemed necessary, the department of transportation shall by letter inform the county engineer to the effect that all maintenance deficiencies noted during the inspection have been corrected.

(4) The county engineer shall by letter subsequently inform the department of transportation that the road or highway to be transferred is either (a) in a condition acceptable to the county, or (b) in a condition not acceptable to the county, in which case the unacceptable conditions shall be enumerated in detail.

(5) In the event that the department of transportation feels that additional maintenance work is required, it shall direct such work to be done and again follow the procedure outlined in subsection (3) of this section; and the county engineer shall then follow the procedure outlined in subsection (4) of this section.

(6) In the event that it becomes impossible for the department of transportation and the county to reach agreement, a full report of the initial inspection and the apparent points of disagreement shall be transmitted to the highways and local programs engineer, who will then consult with the state maintenance engineer and the county engineer and provide the secretary of transportation with all significant information and with their own recommendations.

(7) The secretary of transportation will take final action on the transfer of the road and the county shall be provided with a copy of the decision two weeks before the certification is made.

(8) After the certification has been made, the department of transportation will provide the county with all available maps, conveyances, permits, franchises and other documents which may relate to that portion of the road or highway transferred.

Maintenance is described as being the preservation and upkeep of a highway, including all of its elements, in as nearly its original, or as constructed, or as subsequently improved, condition as possible. This includes traffic control devices and other safety control measures deemed necessary.

In the alternative, the department with any county may enter into an agreement that modifies the above highway certification process so long as the agreement complies with the provisions of RCW 36.75.090.

History

Statutory Authority: RCW 36.75.090. WSR 09-09-068, § 468-30-070, filed 4/14/09, effective 5/15/09. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-30-070, filed 12/20/78. Formerly WAC 252-12-055.

Wash. Admin. Code § 468-30-075 Procedure for transfer of abandoned state highways to cities and towns.

A public highway which is or has been a part of the route of a state highway and is no longer necessary as such may be certified to the city or town in which it is located in the following manner:

The department of transportation shall notify the affected legislative body and the city or town engineer of any certifications anticipated for the first half of July of the ensuing calendar year not later than August 1 of the previous year, so that the city or town may provide in its budget for the maintenance and/or reconstruction of roads which are transferred to it by the department of transportation in accordance with RCW 36.75.090 and 47.24.010.

(1) The department of transportation shall make such certifications between the first and fifteenth of July each year. A reasonable time prior to the certification of a highway, the appropriate department of transportation region shall arrange for a joint maintenance inspection by representatives of the department of transportation and the city or town.

(2) Any and all routine maintenance deficiencies which are noted at the time of this inspection shall be corrected by the department of transportation region maintenance forces or by contract.

(3) Upon completion of any maintenance work deemed necessary, the department of transportation shall by letter inform the city or town engineer to the effect that all maintenance deficiencies noted during the inspection have been corrected.

(4) The city or town engineer shall by letter subsequently inform the department of transportation that the road or highway to be transferred is either (a) in a condition acceptable to the city or town or (b) in a condition not acceptable to the city or town in which case the unacceptable conditions shall be enumerated in detail.

(5) In the event that the department of transportation feels that additional maintenance work is required, it shall direct such work to be done and again follow the procedure outlined in subsection (3) of this section; and the city or town engineer shall then follow the procedure outlined in subsection (4) of this section.

(6) In the event that it becomes impossible for the department of transportation and the city or town to reach agreement, a full report of the initial inspection and the apparent points of disagreement shall be transmitted to the highways and local programs engineer, who will then consult with the department of transportation maintenance engineer and the city or town engineer and provide the secretary of transportation with all significant information and with their recommendations.

(7) The secretary of transportation will take final action on the transfer of the road and the city or town shall be provided with a copy of the decision two weeks before the certification is made.

(8) After the certification has been made, the state will provide the city or town with all available maps, conveyances, permits, franchises and other documents which may relate to that portion of highway transferred.

Maintenance is described as a program to preserve and repair a system of roadways together with its elements to ensure its designed or established structural life and operational expectancy. This includes traffic control devices and other safety control measures deemed necessary.

In the alternative, the department with any city or town may enter into an agreement that modifies the above highway certification process so long as the agreement complies with the provisions of RCW 36.75.090.

History

Statutory Authority: RCW 36.75.090. WSR 09-09-068, § 468-30-075, filed 4/14/09, effective 5/15/09. Statutory Authority: Chapter 34.04 RCW. WSR 79-09-044 (Order 35), § 468-30-075, filed 8/20/79.

Wash. Admin. Code § 468-30-080 Policy and procedure for sales of personalty.

Whenever the department of transportation shall have acquired any lands, except state granted lands, upon which are located any structures, timber or other thing of value attached to the land, same may be severed from the land and sold at public auction subject to the following guidelines:

(1) Such items of value may be approved for sale at public auction or for removal by demolition under contract procedures approved by the secretary of transportation.

(2) Authorized sales of personalty shall be made by the department of transportation acting through the secretary of transportation at public auction upon a date, place and hour to be set by the secretary.

(3) The authorization for sale shall include a minimum price at which any item or items may be sold.

(4) Notice of sale shall be given as follows:

(a) By publishing notice of the time and place of sale two successive times with an interval of one week between publications, in any daily or weekly newspaper of general circulation published in the county in which the sale is to take place. If there is no legal newspaper published in the county, then such notice shall be published in the legal newspaper published in this state nearest to the place of sale.

(b) The notice shall describe with reasonable particularity each item of property to be sold, shall state the location at which said property can be viewed, shall state the date, time and place at which the auction is to be held, and shall be signed by the secretary of transportation or such other person as he may designate.

(5) All items sold shall be removed from the right of way or premises of the department of transportation within a maximum period of sixty days following sale, provided, that the secretary of transportation may increase said maximum period when in his judgment it would not be practical to make such removal within sixty days.

(6) The secretary of transportation is authorized at his discretion to include as a condition of any sale a requirement that the purchaser provide a surety deposit guaranteeing satisfactory performance in removal of the item purchased and correction of all unsightly or hazardous conditions caused by such removal, and the secretary is further authorized to determine the amount of deposit to be required.

(7) If a minimum price shall have been set and the highest bid at the auction is less than such minimum, one of the following alternative procedures shall be pursued:

(a) When time permits, the building shall be readvertised for sale at a later date and this shall be announced to the bidders immediately.

(b) If the building cannot be readvertised due to the imminence of construction, the bidders shall be advised immediately of the minimum acceptable bid and that a sale will be made to the first responsible bidder offering the minimum bid plus the required deposit.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-30-080, filed 12/20/78. Formerly WAC 252-12-060.

Wash. Admin. Code § 468-30-100 Policy relative to the installation of signs and markings on state highway rights of way.

No permits shall hereafter be issued for the installation of signs and markings other than traffic control signs and state historical markers on state highway rights of way. Traffic control signs shall be consistent with the manual on Uniform Traffic Control Devices for Streets and Highways, as modified and adopted by the department of transportation.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-30-100, filed 12/20/78.

Wash. Admin. Code § 468-30-110 Nonhighway use of airspace on state highways.

(1) Definitions:

(a) "Airspace" is that space located above, at or below the highway's established gradeline lying within the approved right of way limits.

(b) "Department" is the Washington state department of transportation.

(2) Any use of such space shall be subject to approval of the Federal Highway Administration.

(3) Any use of such space shall be subject to compliance with all applicable city, town or county zoning requirements.

(4) Any application to the department for the lease of such space shall describe in detail the use to be made of such space and the physical facilities to be installed and maintained on state right of way.

(5) The lessee shall be solely responsible and shall hold the state harmless for liability for any and all damage to persons or to public or private property that may result from or be caused by the use of such space or from the erection or maintenance of any structure or facility upon the highway right of way. The lessee shall be liable to the department for any moneys expended by it for the protection or repair of any state facility required as a result of any such use.

(6) The lessee shall be required to carry liability and property damage insurance in amounts required by the department.

(7) No use of such space shall be allowed which subjects the highway facility or the public to undue risk or impairs the use of the facility for highway purposes.

(8) Use of such space shall be covered by a properly executed airspace lease.

(9) Consideration for occupancy:

(a) Where the airspace can be developed and used as an entity the consideration shall be economic rent.

(b) Where the proposed use of the airspace is in conjunction with an abutting tract, rent shall be based on its contribution value to the abutting property but not less than economic rent.

(c) When the use of the property constitutes a highway purpose the rent may be offset in part or in whole with other valuable considerations as determined by the department.

(d) Where the airspace shall be used by a regional transit authority under chapter 81.112 RCW, the consideration shall be economic rent, or if so agreed to by the department, the economic rent shall be adjusted to reflect only that portion of the value equal to the percentage of the state share of motor vehicle funds originally expended to acquire the property.

(10) The granting of any use of such space shall be subject to the discretion of the department and upon such terms and conditions in addition to those stated herein as it shall deem proper.

(11) No assignment of any lease by the lessee shall be of any force and effect unless prior written approval of such assignment has been given by the department.

History

Statutory Authority: RCW 47.01.101(5) and 47.12.120. WSR 23-21-099, § 468-30-110, filed 10/18/23, effective 11/18/23
WSR 81-19-052 (Order 65), § 468-30-110, filed 9/11/81.

Wash. Admin. Code § 468-30-120 Surplus property sales in agricultural zoned areas.

Priority consideration shall be given to abutting property owners in agricultural zoned areas.

(1) A written notice and offer to sell shall be sent by certified mail to the abutting owner as shown on the records of the county assessor.

(2) The abutting owner shall have thirty days after receiving notice of the proposed sale to respond in writing to the department's offer to sell.

(3) If the abutting owner rejects the state's offer or does not respond in writing within the thirty-day period, the department may then dispose of the property pursuant to RCW 47.12.063.

(4) If there is more than one abutting owner, then the procedures in RCW 47.12.063 (2)(f) shall apply.

(5) Sales to abutting property owners may at the department's option be for cash or by real estate contract.

History

Statutory Authority: RCW 47.12.063 and 47.01.101(5). WSR 89-01-052 (Order 118), § 468-30-120, filed 12/15/88.

Wash. Admin. Code § 468-30-130 Transfer, lease, disposal of public property for affordable housing.

(1) The department may enter into lease agreements with public, private, and nongovernmental bodies, allowing them to construct and operate affordable housing on land under the jurisdiction of the department, for less than fair economic rent if the following conditions are met:

(a) The leased premises is not presently needed for highway purposes;

(b) The leased premises is used for housing for low-income and very low-income households as defined in RCW 43.63A.510, and related facilities that support the goals of affordable housing development in providing economic and social stability for low-income persons;

(c) The tenant pays all appraisal costs, debt services, and any other liabilities to the department for the processing and execution of the lease;

(d) The leased premises is subject to the provisions and requirements of zoning ordinances of political subdivisions of government;

(e) The use of the leased premises is consistent with existing locally adopted comprehensive plans as described in RCW 36.70A.070;

(f) The lease terminates if the tenant fails to use the premises for affordable housing;

(g) The lease authorizes the department to terminate the lease if the leased premises is needed for a highway purpose;

(h) The lease provides that prior to termination, the tenant agrees, if so directed by the department, to restore the leased premises to its condition prior to tenant's occupancy, reasonable wear and tear excepted. This work is to be done at tenant's expense to the satisfaction of the department. In the event tenant fails to restore leased premises upon termination, the department may restore the leased premises as it deems appropriate and at tenant's expense.

(2) The department may transfer real property to public, private, and nongovernmental bodies, at less than fair market value for the construction and operation of affordable housing if the following conditions are met:

(a) The property is no longer required for transportation purposes;

(b) The property is used for housing for low-income and very low-income households as defined in RCW 43.63A.510, and related facilities that support the goals of affordable housing development in providing economic and social stability for low-income persons;

(c) Consideration includes appraisal costs, debt services, all closing costs, and any other liabilities to the department;

(d) The use of the property is consistent with existing locally adopted comprehensive plans as described in RCW 36.70A.070;

(e) The transfer is executed with a quitclaim deed;

(f) The deed contains a covenant or other requirement that the property shall be used for the designated public benefit purpose;

(g) The deed contains remedies that apply if the grantee fails to use the property for the designated purpose or ceases to use it for such purpose. Such remedies shall include clauses reverting title to the department, or the payment of fair market value.

(3) The department must comply with RCW 39.33.020.

History

Statutory Authority: RCW 39.33.015(3). WSR 24-21-010, s 468-30-130, filed 10/3/24, effective 11/3/24.

Chapter 468-32 Safety rest areas.

Wash. Admin. Code § 468-32-010 Rest area rules.

Pursuant to chapter 47.38 RCW, the purpose of these regulations is for the safety of the traveling public by governing the conduct and use of safety rest areas. The following restrictions apply to activities in safety rest areas:

(1) Parking is only permitted in designated areas;

(2) Litter containers are only for picnic and automobile litter;

(3) Pets shall stay in designated areas and shall be on a leash at all times;

(4) Open fires are prohibited;

(5) Aggressive solicitation for money or goods with the intent to intimidate another person into giving money or goods is prohibited; and

(6) Sanitary disposal systems are for dumping sanitary wastes only from recreational vehicles. Commercial vehicles are prohibited from using the sanitary disposal systems.

History

Statutory Authority: Chapter 47.38 RCW. WSR 95-07-106 (Order 150), § 468-32-010, filed 3/20/95, effective 4/20/95.

Chapter 468-34 Utility lines—Franchises and permits.

Wash. Admin. Code § 468-34-010 Applications.

Applications for franchises and permits submitted to the Washington state department of transportation shall conform with the following requirements:

(1) Applications shall be submitted upon forms available from the department.

(2) Applications shall include the utility facility description plus additional plans and data for CAT 1 and CAT 2 installations.

(3) Applications shall indicate compliance with the standards as set forth in the policy on accommodation of utilities on highway rights of way as contained in these rules and any amendments thereto.

(4) The application shall discuss alternate possibilities, especially when a location on or across a limited access facility is considered necessary. Reasons for need to adhere to location as proposed must be adequately set forth in the application.

History

Statutory Authority: Chapter 47.44 RCW. WSR 95-21-037 (Order 152), § 468-34-010, filed 10/10/95, effective 11/10/95. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-010, filed 12/20/78. Formerly WAC 252-04-010.

Wash. Admin. Code § 468-34-020 Costs.

(1) The applicant shall pay the reasonable cost to the department for investigating, handling and granting the franchise or permit, including but not limited to fees of hearing officers and reporters, including basic overhead charges upon the application and for providing an inspector during construction and/or maintenance of the utility facility as follows:

| For permit/franchise/amendment | | | | | --- | --- | --- | --- | | | Category 1 | $500.00 | | | | Category 2 | $300.00 | | | | Category 3 | $150.00 | | | For franchise consolidation | $300.00 | | | | For franchise renewal | $250.00 | | | | For franchise assignment | $50.00 | | |

together with an additional charge in the amount of expenses, if any, actually incurred by the department: Provided, That no charge shall be made for applications for franchise or permit where the applicant is the United States or any of its agencies, or a utility anticipating relocation from its private easement acquired or to be acquired by the department for construction or reconstruction of a state highway.

(2) An equitable portion of the added costs of design and construction of highway structures shall be charged to any utility company which is required to pay the costs of relocation of its facilities and/or to any utility company making new installations.

(3) Before any construction work is started, a surety bond in an amount required by the department, but not less than one thousand dollars, written by a surety company authorized to do business in the state of Washington, may be required by the department to insure completion of construction, including the restoration of surfacing, slopes, slope treatment, top soil, landscape treatment, drainage facilities and cleanup of right of way for a period ending not more than one year after date of completion, except the applicant shall be required to maintain an individual bond for a period to two years after date of completion where the utility facility disturbs the traveled lanes or usable shoulder. A blanket surety bond may be maintained covering multiple franchises or permits in lieu of individual bonds at the department's discretion. A blanket surety bond shall be in an amount of not less than ten thousand dollars.

History

Statutory Authority: Chapter 47.44 RCW. WSR 95-21-037 (Order 152), § 468-34-020, filed 10/10/95, effective 11/10/95
WSR 89-05-022 (Order 119), § 468-34-020, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-020, filed 12/20/78. Formerly WAC 252-04-020.

Wash. Admin. Code § 468-34-030 Determination of need for franchise hearing.

(1) Upon the filing of an application for franchise, the department shall determine whether the work involved with the franchise may:

(a) During construction, significantly disrupt the flow of traffic or use of driveways or other facilities within the right of way; or

(b) During or following construction, cause a significant and adverse effect upon the surrounding environment, in order to determine whether a hearing or hearing opportunity is required.

(2) If the department deems it to be in the public interest a hearing or hearing opportunity may be required for any franchise application. A hearing or hearing opportunity will normally be required for a franchise which involves any of the following:

(a) Overhead transmission lines in excess of 35 kV;

(b) Facilities involving the installation of pipe larger than eighteen inches nominal diameter;

(d) Pipelines carrying transmittants which are flammable, corrosive, expansive, energized or unstable and are larger than four inches nominal diameter;

(e) Pressurized carrier pipes larger than twelve inches nominal diameter;

(f) Underground installations of any size that require excavation through landscaped areas which are authorized by permit and which are maintained by owners of abutting property.

(3) The department may dispense with holding a hearing where the planned facility has already been or is the subject of environmental land use or other hearings or where the applicant presents evidence of a direct contact with owners of abutting property.

(4) Those franchise applications which the department determines warrant a hearing or hearing opportunity shall be processed in accordance with WAC 468-34-040 through 468-34-090. All other franchise applications may be approved by the department without being processed in accordance with WAC 468-34-040 through 468-34-090, including franchises previously filed but not advertised.

History

Statutory Authority: Chapter 47.44 RCW and 1980 c 28. WSR 80-13-042 (Order 58), § 468-34-030, filed 9/15/80.

Wash. Admin. Code § 468-34-040 Franchise hearings.

Arrangements for a hearing before the secretary of transportation or his designee at the earliest possible date will be made by the department on any matters with respect to which a protest has been filed. Based on written objections or disputes which the department is unable to resolve or upon which it may have a divergent recommendation, the applicant and/or affected parties will be given the opportunity to appear before the secretary or his designee in support of their requests or contentions.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-040, filed 12/20/78. Formerly WAC 252-04-040.

Wash. Admin. Code § 468-34-050 Notice of filing.

Upon the filing of application for franchise, the department shall cause notice thereof to be given in the county or counties in which any portion of the highway upon which the franchise applied for is located, at the expense of the applicant, by publishing a notice once a week for two consecutive weeks, in a newspaper having a general circulation in such county or counties. The notice shall state the name of the applicant and a description of the state highway or part thereof over which the franchise application extends.

History

Statutory Authority: Chapter 47.44 RCW. WSR 95-21-037 (Order 152), § 468-34-050, filed 10/10/95, effective 11/10/95. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-050, filed 12/20/78. Formerly WAC 252-04-045.

Wash. Admin. Code § 468-34-060 Protests.

Any person whose interests would be adversely affected by the granting of a franchise may file protests thereto. No form of protest is prescribed, but such protests shall be in writing, mailed to the department of transportation at the address listed in the notice, and to the applicant at the address stated in the application for franchise, and shall briefly state the facts upon which such protest is based. No protest or amendment thereof shall be considered by the department unless received within fourteen days after the notice of filing has been posted and published.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-060, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-060, filed 12/20/78. Formerly WAC 252-04-050.

Wash. Admin. Code § 468-34-070 Uncontested applications.

If no protest to a franchise application is received within fourteen days after the notice of filing has been posted and published, the department may grant the franchise without further proceedings.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-070, filed 12/20/78. Formerly WAC 252-04-052.

Wash. Admin. Code § 468-34-080 Procedure on protests.

If a protest or protests to an application are filed with the department, the secretary or his designee shall, at the time for hearing such application, insofar as is practicable, state the issues raised by the protest or protests, take such other steps as it may deem necessary for complete hearing on such issues, and continue such hearing from time to time until the hearing is completed in accordance with these rules.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-080, filed 12/20/78. Formerly WAC 252-04-055.

Wash. Admin. Code § 468-34-090 Hearing officers.

The secretary may designate any qualified person as hearing officer with respect to hearings on any franchise application. Subject to later review and ruling by the secretary or his designee, such hearing officer may:

(1) Administer oaths and affirmations, examine witnesses, and receive evidence;

(2) Admit evidence which possesses probative value commonly accepted by reasonable, prudent men in the conduct of their affairs, giving effect to the rules of privilege recognized by law and excluding incompetent, irrelevant, immaterial and unduly repetitious evidence;

(3) Rule on offers of proof and receive relevant evidence;

(4) Regulate the course of the hearing;

(5) Hold conferences for the settlement or simplification of the issues by consent of the parties;

(6) Dispose of procedural requests or similar matters;

(7) Prepare the proposed order, including findings of fact and conclusions of law, disposing of such application and submit the same to the secretary or his designee for consideration.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-090, filed 12/20/78. Formerly WAC 252-04-060.

Wash. Admin. Code § 468-34-100 Policy on accommodation of utilities on highway rights of way.

This policy shall apply to all franchises and permits issued subject to chapter 47.44 RCW to all public RCW to all public, private, and governmental utility lines that are to be located, adjusted or relocated within the rights of way of state highways other than provided for in chapter 47.24 RCW.

Nothing in this policy shall be construed as limiting the rights of the department to impose restrictions or requirements in addition to and/or deviations from those stated herein in any franchise or permit where the department deems it advisable to do so.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-100, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-100, filed 12/20/78. Formerly WAC 252-04-065.

Wash. Admin. Code § 468-34-110 Definition of terms.

Unless otherwise stated, words and phrases used herein shall have the following meaning:

(1) Highway - A general term denoting a street, road or public way for purposes of vehicular travel, including the entire area within the right of way.

(2) Conventional highway - An arterial highway without access control.

(3) Limited access highway - A highway upon which the rights to ingress and egress, light, view and air are controlled by law.

(a) Full control of access - Means that the authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads by prohibiting crossings or direct private driveway connections at grade.

(b) Partial control of access - Means that the authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings and some private driveway connections at grade.

(c) Modified control of access - Means that the authority to control access is exercised to give preference to through traffic to such a degree that most approaches, including commercial approaches, existing and in use at the time of establishment, may be allowed.

(d) Freeway - A fully controlled limited access highway of four or more traffic lanes with the opposing traffic lanes separated by a median strip of arbitrary width.

(4) Frontage road - A local street or road auxiliary to an arterial highway for service to abutting property and adjacent areas and for control of access.

(5) Scenic route - A highway forming a part of the scenic and recreational highway system as set forth under chapter 47.39 RCW.

(6) Roadway prism - That portion of the highway right of way between back of ditch, bottom of ditch, back of curbs including slopes, shoulders, pavement and a median of less than sixteen feet in width.

(7) Roadway - The portion of a highway including shoulders, for vehicular use. A divided highway has two or more roadways.

(8) Median - The portion of a divided highway separating the traveled ways for traffic in opposite directions.

(9) Roadside - The roadside is the area between the edge of the roadway shoulder and the right of way line and unpaved medians on multilane highways.

(10) Rest area - A roadside area with parking facilities separated from the roadway provided for motorists to stop and rest. It may include drinking water, toilets, tables and benches, telephones, information, and other facilities for travelers.

(11) Viewpoint - A roadside area provided for motorists to stop their vehicles beyond the shoulder, primarily for viewing the scenery in safety.

(12) Right of way - A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to highway transportation purposes.

(13) Clear roadside policy - The policy employed by a highway authority to increase safety, improve traffic operation and enhance the appearance of highways by designing, constructing and maintaining highway roadsides as wide, flat, and rounded as practical and as free as practical from physical obstructions above the ground such as trees, drainage structures, nonyielding sign supports, utility poles and other ground-mounted obstructions.

(14) Encroachment - Unauthorized use of highway right of way as for signs, fences, buildings, etc.

(15) Restoration - A general term denoting replacing, repairing or otherwise restoring the right of way to the same or equal conditions as before any change or construction thereon.

(16) Franchise - Occupancy and use document required for longitudinal occupancy of highway rights of way in accordance with chapter 47.44 RCW.

(17) Permit - Occupancy and use document required for an occupancy of the highway rights of way other than by franchise as provided in chapter 47.44 RCW.

(18) Private lines - Privately owned facilities which convey or transmit commodities as listed in WAC 468-34-100, but are devoted exclusively to the use of the owner.

(19) Roadway structure - The combination of subbase, base course, and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.

(20) Overcrossing - A grade separation where the subject highway passes over an intersecting highway or railroad.

(21) Undercrossing - A grade separation where the subject highway passes under an intersecting highway or railroad.

(22) Backfill - Replacement of soil around and over a pipe.

(23) Bedding - Organization of soil or fine gravel to support a pipe.

(24) Overfill - Backfill above a pipe.

(25) Sidefill - Backfill alongside a pipe.

(26) Carrier - Pipe directly enclosing a transmitted fluid (liquid or gas).

(27) Casing - A larger pipe enclosing a carrier.

(28) Sleeve - Short casing through pier or abutment of highway structure.

(29) Vent - Appurtenance to discharge gaseous contaminants from casings.

(30) Coating - Material applied to or wrapped around a pipe.

(31) Conduit or duct - An enclosed tubular runway for protecting wires or cables.

(32) Cover - Depth of top of pipe below grade of roadway or ditch.

(33) Drain - Appurtenance to discharge accumulated liquid contaminants from casings or other enclosures.

(34) Encasement - Structural element surrounding a pipe.

(a) Jacket - Encasement by concrete poured around a pipe.

(b) Walled - Partially encased by concrete poured alongside the pipe.

(35) Gallery - An underpass for two or more pipelines.

(36) Grounded - Connected to earth or to some extended conducting body which serves as a ground instead of the earth.

(37) Manhole - An opening in an underground system which workmen or others may enter for the purpose of making installations, inspections, repairs, connections, and tests.

(38) Pipeline - A tubular product made as a production item for sale as such.

(39) Pressure - Relative internal pressure in psig (pounds per square inch gage).

(40) Slab, floating - Slab between but not contacting pipe and pavement.

(41) Trenched - Installed in a narrow open excavation.

(42) Untrenched - Installed without breaking ground or pavement surface, such as by jacking or boring.

(43) Utility service connection - A service connection from a utility's distribution or feeder line or main to the premises served.

(44) Traffic control - Those provisions necessary to safeguard the public during construction activities.

(45) Normal - Crossing at a right angle.

(46) Standard specifications for road, bridge, and municipal construction - The compilation of standard requirements for road, bridge, and municipal construction issued by the Washington state department of transportation.

(47) True line and grade - A line reasonably free from variation on both horizontal and vertical alignment.

(48) Control zone guidelines - Guidelines established to control the placement of above-ground utility facilities within the highway right of way.

(49) Major reconstruction - Upgrading the capacity of the facility and/or replacement of more than fifty percent of the poles or towers within any mile.

(50) Roadbed - The graded part of the roadway within top and side slopes, prepared as a foundation for the pavement structure and shoulders.

(51) Subgrade - The top surface of the roadbed on which subbase, base, surfacing, pavement, or layers of similar materials are placed.

(52) Utility - A term denoting electric power, communication, cable television, water, gas, oil, petroleum products, steam, chemicals, sewage, drainage, irrigation, fire or police signal systems, and similar lines. Also, the term utility includes those utility-type facilities which are owned or leased by a government agency for its own use, or otherwise dedicated solely to governmental use. The term utility does not include utility-type facilities required for the support, control, operation, and maintenance of the highway system, if they are owned and controlled by the highway authority.

(53) Installation categories - Utility installations will be defined by the effect the installation will have on the highway integrity and impact to the traveling public.

(a) Category 1 installations have considerable impact on highway facilities and the public and will require a detailed review effort by more than one department office.

(b) Category 2 installations have limited impact on highway facilities and the public and may require review by more than one department office.

(c) Category 3 installations have little or no impact on highway facilities and the public and will be reviewed only by the office processing the application.

(d) Category 4 installations are same-side service connections below a specified size (see application instructions) and are exempt from the permit/franchise process except in limited access controlled areas.

History

Statutory Authority: Chapter 47.44 RCW. WSR 95-21-037 (Order 152), § 468-34-110, filed 10/10/95, effective 11/10/95
WSR 89-05-022 (Order 119), § 468-34-110, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-110, filed 12/20/78. Formerly WAC 252-04-075.

Wash. Admin. Code § 468-34-120 Application of policy to various types of right of way.

The applicable policy for the accommodation of utilities on various types of highways shall be in accordance with the following:

(1) Freeways - Accommodation of utilities shall be in accordance with "A Policy on the Accommodation of Utilities on Freeway Rights of Way" issued by the American Association of State Highway and Transportation Officials (AASHTO) 1982, and amendments thereto, and this policy.

(2) Limited access highways - Accommodation of utilities shall be the same as for freeways.

(3) Conventional highways - Rural - Accommodation of utilities shall be in accordance with this policy.

(4) Conventional highways - Cities and towns - Accommodation of utilities shall be in accordance with:

(a) Underground

(i) Water and sewer - The current "Standard Specifications for Road, Bridge, and Municipal Construction."

(ii) All other facilities - Accommodation of utilities shall be in accordance with this policy.

(b) Overhead - Accommodation of utilities shall be in accordance with this policy.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-120, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-120, filed 12/20/78. Formerly WAC 252-04-085.

Wash. Admin. Code § 468-34-130 Location.

(1) Utility installations should be located to minimize need for later adjustment to accommodate future highway improvements and to permit access for servicing such lines with minimum interference to highway traffic and must be located in accordance with the control zone guidelines.

(2) Longitudinal installations should be located on a uniform alignment and grade as near as practicable to the right of way line so as to provide a safe environment for traffic operation and preserve space for future highway improvements or other utility installations.

(3) Utility line crossings of the highway shall be normal to the highway center line to the extent feasible and practical. Crossings should be made on a true line and grade. Crossings entering the right of way at an angle greater than forty-five degrees from normal shall be considered longitudinal location except crossings within public road intersections.

(4) The horizontal location shall be placed with relation to the centerline of the highway as approved by the department.

(5) The vertical location of underground utility lines shall be in accordance with the currently applicable design standard for underground utility encroachments. The vertical clearance of above ground facilities shall be consistent with the clearances as provided in WAC 468-34-290.

(6) In all cases, full consideration shall be given to visual quality, sound engineering principles, and overall economic aspects.

(7) Utility installations that are needed for a highway purpose, such as for continuous highway lighting or to serve a weigh station, rest or recreational area, are to be located and designed in accordance with the requirements of this policy.

(8) The department may restrict the number of utility service connections, and require the placement of one or more distribution lines in lieu thereof.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-130, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-130, filed 12/20/78. Formerly WAC 252-04-095.

Wash. Admin. Code § 468-34-140 Utility tunnels and bridges.

The department should ensure adequate study is made by the utility companies to anticipate their needs (present and future) for crossings and to determine if convergence of several crossings can be made to make it more feasible to use a utility tunnel or bridge.

In a combined tunnel or bridge, provision shall be made to isolate mutually hazardous transmittants such as fuels and electric energy by compartmentizing or by auxiliary encasement of incompatible carriers.

The utility tunnel or bridge shall comply in appearance, location, cover, earthwork and markers with the standards as set in the current Standard Specifications for Road, Bridge, and Municipal Construction.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-140, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-140, filed 12/20/78. Formerly WAC 252-04-105.

Wash. Admin. Code § 468-34-150 Design.

(1) The utility company shall be responsible for the design of the utility facility. The department shall review and approve the utility's plans with respect to location and the manner in which the utility facility is to be installed and measures to be taken to preserve safe and free flow of traffic, structural integrity of the roadway or highway structure, ease of highway maintenance, appearance of the highway and the integrity of the utility facility.

(2) Utility installations on, over or under the rights of way and utility attachments to highway structures shall as a minimum comply with the following standards and/or amendments thereto:

(a) Electric power and communication facilities shall conform with the currently applicable National Electric Safety Code and/or Washington State Safety Code.

(b) Water lines shall conform with the current Standard Specifications for Road, Bridge, and Municipal Construction including but not limited to:

| Welded Steel Water Pipe | AWWAC201 & ASTM A 120 AWWAC203 AWWAC205 | | --- | --- | | Reinforced Concrete Water Pipe | AWWAC300 AWWAC301 AWWAC302 | | Cast Iron Water Pipe | AWWAC106 AWWAC108 AWWAC111 | | Wrought Iron Water Pipe | ASTMA72 |

(c) Pressure pipeline shall conform with the currently applicable sections of Standard Code for Pressure Piping of the American National Standards Institute and applicable industry codes, including:

(i) Power Piping, ANSI B 31.10

(ii) Petroleum Refinery Piping, ANSI B 31.3

(iii) Liquid Petroleum Transportation Piping Systems, ANSI B 31.4

(iv) C.F.R. 49, Part 192, Transportation of Natural and Other Gas by Pipeline - Minimum Federal Safety Standards

(v) Liquid petroleum pipelines shall conform with the currently applicable recommended practice of the American Petroleum Institute for Pipeline Crossings Under Railroad and Highways. (API RP 1102)

(d) Sewer pipe shall conform with the current Standard Specifications for Road, Bridge, and Municipal Construction.

(e) Drainage pipe shall conform with the current Standard Specifications for Road, Bridge, and Municipal Construction.

(3) Ground mounted utility facilities shall be of a design compatible with the visual quality of the specific highway section being traversed.

(4) All utility installations on, over, or under highway right of way and attachment to highway structures shall be of durable material designed for long service life expectancy and relatively free from routine servicing and maintenance.

(5) On new installations or adjustment of existing utility lines, provision shall be made for known or planned expansion of the utility facilities, particularly those located underground or attached to structures. They shall be planned so as to minimize hazards and interference with highway traffic when additional overhead or underground lines are installed at some future date.

(6) Government or industry codes required by law or regulation shall be followed in addition to rules and regulations referred to herein. This shall include any highway design standards which the department shall deem necessary to provide adequate protection to the highway, its safe operation, appearance and maintenance.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-150, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-150, filed 12/20/78. Formerly WAC 252-04-115.

Wash. Admin. Code § 468-34-160 Permits and franchises.

Except as provided in WAC 468-34-180, a permit or franchise shall be required for occupancy of highway right of way by utility facilities, including private lines.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-160, filed 12/20/78. Formerly WAC 252-04-125.

Wash. Admin. Code § 468-34-170 Permits and franchises—Contents.

All permits or franchises shall:

(1) Incorporate all pertinent provisions of this policy as to location, construction, traffic protection, maintenance, access restriction, preservation of visual qualities, and such special conditions as the department may deem appropriate.

(2) Generally describe the facilities to be installed as to size, type, nature and extent.

(3) Contain adequate exhibits depicting:

(a) Existing or proposed location in relation to the highway.

(b) Existing or planned highway improvements.

(d) Control of access and access points.

(4) Contain a summarization of the effects the installation will have on the aesthetics of the highway right of way and visible natural features.

(5) Specify the extent of liability and responsibilities associated with future adjustment of the utility facilities to accommodate highway improvements.

(6) Specify the effect of noncompliance with the conditions thereof.

(7) Contain terms which shall commit the holder to a pledge that performance of routine cutting and trimming work will be accomplished in such a manner that the roadside appearance will not be disfigured. When major work is involved, or damage to roadside appearance may become significant, the holder shall secure the approval of the department in advance of the work.

(8) Contain a certification of compliance with the control zone guidelines.

History

Statutory Authority: Chapter 47.44 RCW. WSR 95-21-037 (Order 152), § 468-34-170, filed 10/10/95, effective 11/10/95
WSR 89-05-022 (Order 119), § 468-34-170, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-170, filed 12/20/78. Formerly WAC 252-04-135.

Wash. Admin. Code § 468-34-180 Accommodation where prior right.

Where the utility facilities are to be adjusted to accommodate highway construction and the utility has a prior property right in its location, the department and the utility may enter into a common use agreement providing for joint occupancy of right of way consistent with the requirements of each party.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-180, filed 12/20/78. Formerly WAC 252-04-145.

Wash. Admin. Code § 468-34-190 Pipelines—Location and alignment.

(1) For all crossings, the angle of crossing should be based on economic considerations of practical alternates. The crossings should be as near normal to the highway centerlines as practical.

(2) Pipeline crossings should avoid deep cuts, footings of bridges and retaining walls, wet or rocky terrain or locations where highway drainage would be affected.

(3) Longitudinal installations shall parallel the highway and lie as near as practicable to the highway right of way line. Any longitudinal installation in the roadway or median, as defined in WAC 468-34-110 (7) and (8), shall be considered a variance from this policy. Any request for such a variance must demonstrate that:

(a) The installation will not adversely affect the design, construction, stability, structural integrity, traffic safety or operation of the highway.

(b) The installation, other than in the roadway or median, will create an undue hardship or financial burden by reason of terrain, geology, or environmental damage along the roadside.

(4) Trenched crossing in the roadway as defined in WAC 468-34-110(7) shall be considered a variance from this policy. Any request for such a variance shall comply with subsection (3)(a) and (b) of this section.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-190, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-190, filed 12/20/78. Formerly WAC 252-04-155.

Wash. Admin. Code § 468-34-200 Pipelines—Cover.

(1) The grade of the top of pipe within the highway right of way shall comply with the applicable Design Standard for Underground Utility Encroachment.

(2) Where less than minimum cover is made necessary to avoid obstacles, the pipe should either be rerouted or protected with a casing or concrete slab acceptable to the department.

(3) Cover for pipelines carrying transmittants which are flammable, corrosive, expansive, energized, or unstable shall not be reduced below safety limits as specified in the appropriate industry standards and specifications.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-200, filed 12/20/78. Formerly WAC 252-04-165.

Wash. Admin. Code § 468-34-210 Pipelines—Encasement.

(1) Casings shall not be required for the following conditions:

(a) Pipelines conveying natural or other gas which meet the design, installation and cathodic protection provisions of the Minimum Federal Safety Standards, 49 C.F.R. part 192 and chapter 480-93 WAC Gas companies—Safety.

(b) Local service lines and connections conveying natural or other gas which meet the design, installation and cathodic protection provisions of the Minimum Federal Safety Standards, 49 C.F.R. part 192 and chapter 480-93 WAC Gas companies—Safety.

(2) Casings shall be required for the following conditions:

(a) Pipeline crossings where casing is required by appropriate industry practice or special conditions.

(b) Pressurized carrier pipes and carriers of transmittants other than natural gas which are flammable, corrosive, expansive, energized, or unstable.

(c) Pipeline installations where local features, embankment materials, construction methods or other conditions indicate probability of damage to the pipeline that will render it unusable.

(3) Casings may be required as protection for carrier pipe from external loads or shock during existing highway improvement projects or new highway construction.

(4) Casing pipes shall extend a minimum of six feet beyond the toe of fill slopes, or back of ditch line, or outside curb unless limited by restrictive local conditions. The casing pipe need not be continuous on freeways with or without frontage roads; however, maintenance in the median shall not be required on a routine basis.

(5) Casing pipes shall be sealed at the ends.

(6) Casing pipes shall be designed to support the load of the highway and superimposed loads thereon and, as a minimum, shall equal the structural requirements for highway drainage facilities. Casings shall be composed of materials of sufficient durability to withstand any conditions to which they may be exposed.

History

Statutory Authority: Chapter 47.44 RCW. WSR 07-16-082, § 468-34-210, filed 7/30/07, effective 8/30/07
WSR 89-05-022 (Order 119), § 468-34-210, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-210, filed 12/20/78. Formerly WAC 252-04-175.

Wash. Admin. Code § 468-34-220 Pipelines—Appurtenances.

(1) Vents shall be required for casings, tunnels and galleries enclosing carriers of fuel where required by C.F.R. 49, Part 192, Minimum Federal Safety Standards. Vent standpipes shall be located and constructed so as not to interfere with maintenance of the highway nor to be concealed by vegetation; preferably they should stand by a fence or on the right of way line.

(2) Drains shall be required for casings, tunnels, or galleries enclosing carriers of liquid, liquefied gas or heavy gas. Drains may outfall into the roadway ditch or natural water course at locations approved by the department. The outfall shall not be used as a wasteway for purging the carrier unless specifically authorized by the department.

(3) Marker location and emergency information shall be conspicuously marked for all pipelines, using color if necessary to contrast with the environment. They should be provided at one end of a normal crossing, at both ends of an oblique crossing and at five hundred foot intervals along a longitudinal installation. Markers shall include pipeline identification and station; owner of the pipeline; and telephone number or other means of contact with local office. Markers may also include depth of cover, size, pressure and contents of carrier, and potential of ducted wires and cables.

(4) Manholes shall not be located in the pavement or shoulders of any access controlled highway. Manholes should be designed and located in such a manner that will cause the least interference to other utilities and future highway expansion.

(5) Automatic shut-off valves shall be installed in line at or near ends of structures, near unusual hazards, unless the hazardous segments can be isolated by other sectionalizing devices within a reasonable distance.

(6) Above-ground appurtenances shall be located to comply with the control zone guidelines.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-220, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-220, filed 12/20/78. Formerly WAC 252-04-185.

Wash. Admin. Code § 468-34-230 Pipelines—Uncased carriers.

(1) The carrier pipe shall conform to the material and design requirements of the utility industry and government codes and specifications.

(2) The carrier pipe shall be designed to support the load of the highway plus superimposed loads thereon when the pipe is operated under all ranges of pressure from maximum internal to zero pressures.

(3) Suitable bridging, concrete slabs, or other appropriate measures as approved by the department shall be used to protect existing carrier pipes which by reason of shallow bury or location makes them vulnerable to damage from highway construction or maintenance operations.

(4) Existing carrier pipelines may remain in place without further protective measures if they are of adequate depth and do not conflict with highway construction or maintenance and provided the department (and the pipeline officials) agree that the lines are, and will remain, structurally sound and operationally safe.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-230, filed 12/20/78. Formerly WAC 252-04-195.

Wash. Admin. Code § 468-34-240 Pipelines—Restrictions against varied use.

(1) Pipeline installation requests shall specify the class of transmittant, the maximum working, test, or design pressures, and the design standards for the carrier.

(2) A change in the class of transmittant, or an increase in the maximum design pressure specified in the permit or franchise, shall require approval of the department. The request for the change shall specify the applicable codes to be used.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-240, filed 12/20/78. Formerly WAC 252-04-205.

Wash. Admin. Code § 468-34-250 Pipelines—Installation.

Installation or replacement of pipelines along or crossing highways shall ordinarily be controlled by end-product specifications. However, to insure safety of traffic and preservation of the earth structure supporting the pavement, any required construction shall be in accordance with the following controls:

(1) Trenched construction and backfill. The essential features for trench and backfill construction are:

(a) Restoration of the structural integrity of entrenched roadbed.

(b) Security of the pipe against deformation likely to cause leakage.

(2) Trenched construction - bedding and backfill.

(a) Trenches shall be cut to have vertical faces, where soil and depth conditions permit, with a maximum width of outside diameter of pipe plus two feet. Shoring shall comply with the department of labor and industries safety code for construction and/or as directed by the department.

(b) Bedding shall be provided to a depth of six inches or half the diameter of the pipe, whichever is least. Bedding should consist of granular material free of lumps, clods, stones, and frozen material. Bedding shall be graded to a firm but yielding surface without abrupt change in bearing value. Unstable soils and rock ledges should be subexcavated from the bedding zone and replaced with suitable material or as directed by the department. The bottom of the trench should be prepared to provide the pipe with uniform bedding throughout the length of the installation.

(i) Sidefill to the level of top of pipe.

(ii) Overfill to former grade surface. Sidefill and overfill shall consist of granular material laid in six-inch layers, each consolidated by mechanical tamping and controlled addition of moisture, to a density of ninety-five percent in accordance with the current Standard Specifications for Road, Bridge, and Municipal Construction. Consolidation by saturation or ponding is not permitted. Backfilling and methods of compaction should be adapted to achieve prompt restoration of traffic. Additional cutback of base and surfacing and transitioning of trench shoulders to minimize later development of sag in the grade of the pavement over the trench shall be as directed by the department.

(3) Untrenched construction shall be required on all pipeline crossings of limited access highways and:

(a) The width of untrenched construction shall extend a minimum of six feet outside the roadway prism.

(b) Pipelines installed under a highway without disturbing the surface shall be made using a technique approved by the department.

(c) The size of the opening shall not exceed five percent oversize in diameter. Backfill is required for pipes over twelve inches in diameter.

(d) Overbreaks, unused holes, or abandoned casings shall be backfilled as directed by the department.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-250, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-250, filed 12/20/78. Formerly WAC 252-04-215.

Wash. Admin. Code § 468-34-260 Pipelines—Adjustment.

(1) An existing pipeline should be relocated in plan and/or grade whenever the top of the pipe is less than the requirements of the currently applicable standard design plate for underground utility encroachments.

(2) An existing or relocated pipeline shall be encased or otherwise protected wherever such treatment normally would be required for a future pipeline at the site.

(3) An existing pipeline which would lack adequate cover for protection against vehicular live loads or highway construction operations may, in lieu of encasement, be protected by a floating slab.

(4) Notwithstanding reinforcement or protection otherwise provided, the highway construction contractor should be warned and made responsible for the security of each existing pipeline within the construction zone. Where there are unusual utility hazards and where heavy construction equipment will be needed, it should be arranged that the contractor provide an adequate temporary protective cover of earth or bridge the utility if underground.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-260, filed 12/20/78. Formerly WAC 252-04-225.

Wash. Admin. Code § 468-34-270 Installations on highway structures.

Attachment of utility lines to a highway structure may be allowed where such attachment shall conform to sound engineering considerations for preserving the highway, its safe operation, maintenance and appearance. The attachment shall be in accordance with the following:

(1) Each proposed bridge attachment should be considered on its individual merits and separately designed so as to be compatible with the appearance of the structure.

(2) Bridge attachment of a utility should not be considered unless the structure in question is of a design that is adequate to support the additional load and to accommodate the utility facility without compromise of highway features, including reasonable ease of bridge maintenance.

(3) Utility positionings on a structure which would inhibit access to any structure part for bridge painting, repair or maintenance should not be allowed. Manholes for utility access shall not be allowed in the bridge deck on overcrossings.

(4) Attachment on a structure of a pipeline carrying a hazardous transmittant shall be avoided where practical.

(5) The utility attachment shall not effectively reduce the clearance of the structure where such clearance is critical.

(6) Generally, utility attachments should be beneath the structure's floor, between the girders or beams or within a cell and at an elevation above low superstructure steel or masonry. Attachment to the outside of the bridges should be avoided where there are reasonable alternatives.

(7) Utility mountings should be of a type which will not create noise resulting from vibration.

(8) The hole created in the bridge abutment shall be of the minimum size necessary to accommodate the utility line. The hole shall be sealed to prevent any leakage of water or backfill material.

(9) The utility line back of the bridge abutment should curve or angle out to align outside the roadbed area in as short a distance as is operationally practicable.

(10) Acceptable utility attachment methods are hangers and/or roller assemblies suspended from inserts in the underside of the bridge floor or from hanger rods clamped to the flange of some substructure member or as otherwise specified by the department.

(11) Utility construction shall conform to applicable codes, standards and specifications.

(12) The utility company shall be responsible for any restoration or repair of any portion of bridge or highway disturbed by the utility installation or use.

(13) Communication and electric power line attachments shall be suitably insulated, grounded, and carried in protective conduit or pipe from point of exit from ground to reentry. The cable shall be carried to a manhole located beyond the backwall of the structure. Carrier pipe and casing pipe shall be suitably insulated from electric power line attachments.

(14) WAC 468-34-210 shall apply to installations on structures.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-270, filed 12/20/78. Formerly WAC 252-04-235.

Wash. Admin. Code § 468-34-280 Overhead power and communication lines—Type of construction.

Longitudinal installations on the right of way should be single pole construction. Joint use single pole construction is generally desirable and should be used whenever feasible.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-280, filed 12/20/78. Formerly WAC 252-04-245.

Wash. Admin. Code § 468-34-290 Vertical clearance.

The vertical clearance for overhead power and communication lines above the highway and the lateral and vertical clearance from bridges shall conform with the National Electrical Safety Code and/or with the clearances as shown below, whichever is greater.

| type of utility line | lines crossing roadways | longi- tudinal | | --- | --- | --- | | Communications and Cable Television | 24' | 20' | | Communications and/or Cable Television joint usage with electrical | 20' | 20' | | electrical | | | | 0 - 750 volts | 24' | 24' | | 751 - 15,000 volts | 30' | 27' | | 15,001 - 50,000 volts | 32' | 32' | | 50,001 volts and over | 34' | 32' |

(1) The minimum height of highway crossing shall be measured from the point of the roadway directly under the crossing.

(2) The minimum height of longitudinal lines shall be measured from ground line.

(3) All clearances shall be at State Electrical Construction Code temperature and loading standards, and comply with all other requirements of this code.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-290, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-290, filed 12/20/78. Formerly WAC 252-04-255.

Wash. Admin. Code § 468-34-300 Overhead lines—Location.

(1) Pole lines must be located in accordance with the control zone guidelines.

(2) Guy wires to ground anchors and stub poles shall be located in accordance with the control zone guidelines.

(3) Where irregular shaped portions of the right of way extend beyond the normal right of way limits, variances in the location from the right of way line should be allowed as necessary to maintain a reasonably uniform alignment for longitudinal overhead and underground installations.

(4) On and along conventional highways, poles and related facilities should be located as near as practicable to the right of way line.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-300, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-300, filed 12/20/78. Formerly WAC 252-04-265.

Wash. Admin. Code § 468-34-310 Underground power and communication lines.

(1) The general controls relative to pipelines shall apply to underground installation of power and communication lines.

(2) The general controls set forth in WAC 468-34-270 relative to installations on highway structures shall be followed.

(3) The design of underground installations should reflect consideration of possible future highway and/or utility enlargement.

(4) Manholes shall be designed and located in such a manner that will cause the least interference to other utilities and future highway expansion.

(5) New underground utility installations may be permitted in scenic strips, overlooks, where they will not require extensive removal or alteration of trees visible to the highway user or impair the visual quality of the lands being traversed.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-310, filed 12/20/78. Formerly WAC 252-04-275.

Wash. Admin. Code § 468-34-320 Conversion to underground or relocation of overhead lines—Responsibility.

Consistent with existing statutes and the necessity for protecting roadside appearance and removal or relocation of existing aerial lines within certain areas, the following methods of sharing cost responsibility shall pertain under various circumstances.

(1) Where an aerial utility line exists under franchise and for reasons of visual quality the department desires undergrounding or aerial relocation during the life of the franchise to serve the highway purpose, the department will pay the cost of the new facility, plus cost of removal of the old plant, less a credit for depreciation and salvage on the replaced plant.

(2) For new franchises for new utility lines where none presently exist and where the department determines on the basis of scenic classification (WAC 468-34-330) that the facilities shall be placed underground, the entire cost shall be borne by the utility.

Where a franchise is to be amended or has been renewed for the first time after the effective date (August 20, 1974) of this policy revision and the department determines on the basis of scenic classification (WAC 468-34-330) that the facility should be placed underground or relocated aerially, the cost for such undergrounding or relocation shall be borne by the utility. Such undergrounding or relocation shall occur at the time of reconstruction of the line by the utility or at a time determined by the utility within the renewal period, whichever occurs first.

(3) Within the limits of projects for highway construction where the utility occupies the right of way by right of franchise and where the department determines on the basis of scenic classification (WAC 468-34-330) that the facility should be placed underground or, based on design and/or location considerations the facility may be relocated aerially, the cost responsibilities shall be determined as follows:

(a) The utility shall be responsible for the full cost of that portion of the existing aerial facility that must be relocated within the physical limits of construction.

(b) The department will pay the cost of the new facility, plus the cost of removal of the old plant less a credit for depreciation and salvage on the replaced plant, for that portion of aerial line not physically affected by the highway construction.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-320, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-320, filed 12/20/78. Formerly WAC 252-04-280.

Wash. Admin. Code § 468-34-330 Scenic enhancement.

(1) Undergrounding requirements within scenic areas: In the interest of protection and preservation of roadside appearance and visual quality of scenic areas, the following requirements shall pertain to highway sections classified in accordance with the definitions set forth in subsection (3) of this section.

Class A and B:

Initial franchises and franchise amendments where aerial facilities are nonexistent: Installation shall be underground except as may be justified as special exceptions listed in subsection (2) of this section.

Initial franchises and franchise amendments where aerial facilities exist: An aerial facility may be allowed on existing poles with the franchise to expire on the date of the existing franchise for the aerial line. No major reconstruction of the existing pole line or construction of a new aerial facility will be allowed except as may be justified under subsection (2) of this section.

Franchise renewals of existing aerial facilities: Upon expiration of an existing franchise, one franchise renewal for a period of twenty-five years may be granted for existing aerial lines with a special provision included in the franchise requiring the utility to apply for an initial franchise, franchise amendment or franchise renewal for burial of the facility either at the time major reconstruction of the line, for that portion of line to be reconstructed, or prior to expiration of the first franchise renewal. Existing facilities may be allowed to remain aerial if justified under subsection (2) of this section.

In considering approval of aerial facilities as special exceptions under subsection (2) of this section, greater emphasis upon the justification of facilities within Class A route segments shall be given by the department as compared to those in Class B.

Class C and D:

Aerial installations within highway sections having Class C and D scenic classification are permitted.

Class AX and BX:

An aerial facility may be allowed if found acceptable to the department based on design and/or location which will not detract from scenic values typical of those defined in Classes A and B.

(2) Special exceptions: Special exceptions may be made where one or more of the following conditions exist:

Power lines of voltage in excess of 35 KV. Special design should be incorporated to minimize the visual impact of the facility.

Other utility locations are not available or are usually difficult and unreasonably costly, or are more undesirable from the standpoint of visual quality.

The placing of the utility underground is not technically feasible or is unreasonably costly.

The impact of the required undergrounding adversely affects the utility consumer rates or the long term economics of the utility.

(3) Classifications:

Class A—Superior scenic qualities: Unique settings of superior scenic quality, historic or cultural, interest that should be protected or preserved by special treatment for heritage of others. Panoramic views from the highway of ocean beaches, scenic valleys, lake frontage, mountain forests, rivers, etc.

Class B—High scenic value: Areas where valuable scenic and environmental amenities exist and are enjoyed generally by travelers and public and deserve serious consideration for preservation and protective measures.

Class C—Secondary scenic importance: Scenic characteristics are of marginal importance.

Class D—Industrial, heavily urbanized or deteriorated areas: Industrial areas, urban settings and blighted areas which expense for beautification measures is not appropriate.

Subclass X—Alternative for Class A and B: Areas where based on design alternatives, such as configurations, color and location, an aerial facility could be allowed without changing the landscape quality.

General criteria: Classifications are to be based on the scenic values of the view from the roadway including the roadway appearance attainable after ultimate improvements within the right of way. Sections are to be of sufficient length to sustain separate distinguishable area characteristics.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-330, filed 12/20/78. Formerly WAC 252-04-285.

Wash. Admin. Code § 468-34-340 Miscellaneous.

(1) Preservation, restoration and cleanup

(a) Disturbed areas - The size of the disturbed area shall be kept to a minimum. Restoration methods shall be in accordance with the specifications and/or special provisions of the permit or franchise. Unsatisfactory restoration work shall be promptly redone by the utility. If necessary, restoration work that is not acceptable to the department, may be repaired by the department and billed to the utility company.

(b) Drainage - Care shall be taken in utility installations to avoid disturbing existing drainage facilities. Underground utility facilities should be backfilled with pervious material and outlets provided for entrapped water. Underdrains should be provided where necessary. No jetting or puddling shall be permitted under the roadway.

(c) Spraying, cutting and trimming of trees - The indiscriminate cutting of trees or disfiguring of any feature of scenic value shall not be permitted. The utility shall repair or replace in kind any tree or shrub removed or disfigured when such is not necessary for the utility installation.

(d) If chemical sprays are used to kill weeds and brush, they shall comply with currently applicable federal and state department of agriculture regulations and the following:

(i) A special permit issued by the department shall be required.

(ii) Brush and trees thirty inches or higher shall be close cut and treated with spray to kill the roots and stumps.

(iii) Brush shall be disposed of by chipping or removal from the right of way.

(iv) Brush and weeds thirty inches or less in height may be treated with a chemical spray. After the brush and weeds have died, they shall be immediately removed to prevent a serious fire hazard.

(v) The utility shall be responsible for any drift of the spray that contacts vegetation on private property adjacent to the highway.

(vi) Ingredients that are toxic to livestock, game animals or fowls shall not be used.

(e) Refuse and debris shall be disposed of to the satisfaction of the department.

(2) Safety and convenience

(a) Traffic controls including detours for utility construction and maintenance shall conform with currently applicable "Manual on Uniform Traffic Control Devices for Streets and Highways." All construction and maintenance operations shall be planned to keep interference with traffic to an absolute minimum. On heavily traveled highways construction operations interfering with traffic shall not be allowed during periods of peak traffic flow. Work shall be planned so that closure of intersecting streets, road approaches or other access points is held to a minimum. Adequate provisions shall be made to safeguard any open excavation to include barricades, lights, flagmen, or other protective devices as may be necessary.

(b) All utility facilities shall be kept in good state of repair both structurally and from the standpoint of appearance. The permit or franchise shall specify the maintenance operations which are permitted and the required notification to the department before any work is accomplished. Vehicle parking and the storage of materials on through roadways or ramps shall not be allowed.

(c) If emergency repairs are required, such repairs shall be undertaken and notice given immediately and approval as to the manner of repair secured as soon as possible. The utility shall confine its operations as much as possible to the nontraveled portion of the right of way and shall exercise caution to protect the traveling public during such repairs. Flagmen, warning lights, barricades, and signs shall be employed in accordance with currently applicable Manual on Uniform Traffic Control Devices for Streets and Highways, and Manual for Emergency Traffic Control for Protection of Men and Equipment.

(d) Installations included in the Category 4 exemption require twenty-four hours notice to the department prior to construction. Vehicle parking and the storage of materials on through roadways or ramps shall not be permitted. Flagmen, warning lights, barricades, and signs shall be employed in accordance with currently applicable Manual on Uniform Traffic Control Devices for Streets and Highways, and Manual for Emergency Traffic Control for Protection of Men and Equipment.

History

Statutory Authority: Chapter 47.44 RCW. WSR 95-21-037 (Order 152), § 468-34-340, filed 10/10/95, effective 11/10/95
WSR 89-05-022 (Order 119), § 468-34-340, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-34-340, filed 12/20/78. Formerly WAC 252-04-295.

Wash. Admin. Code § 468-34-350 Control zone guidelines.

Consistent with federal, state, or local laws or regulations all utility installations within the highway right of way shall be located in accordance with the control zone guidelines. The control zone guidelines govern the location of utilities within the right of way for the following:

(1) New installations or reconstruction.

(2) Highway projects involving safety improvements.

(3) Franchise renewal or consolidation of existing utility objects.

History

Statutory Authority: Chapter 47.44 RCW. WSR 89-05-022 (Order 119), § 468-34-350, filed 2/10/89.

Chapter 468-38 Vehicle size and weight—Highway restrictions—Equipment.

Wash. Admin. Code § 468-38-001 Purpose and scope.

What is the purpose and scope of this administrative code chapter for vehicle size and weight? (1) This chapter provides rules necessary for the implementation of certain sections of chapter 46.44 RCW, to include the issuance of special permits that allow vehicles, or combinations of vehicles, to move in a legal or extra-legal configuration on the public highways. The chapter also includes rules on safety and operations as they relate to the permitting of extra-legal configurations.

(2) The chapter avoids, where possible, the restating of revised code and therefore should be used in conjunction with the revised code.

(3) The chapter has been written in a "question and answer" format to enhance communication with users.

History

Statutory Authority: RCW 46.44.090. WSR 05-04-053, § 468-38-001, filed 1/28/05, effective 2/28/05.

Wash. Admin. Code § 468-38-005 Definitions.

What vehicle size and weight words and phrases are used commonly in addition to those codified in chapter 46.04 RCW?

A-dolly: A converter dolly that is towed from a single hitch at the center line of the tow vehicle and contains the lower half of the fifth wheel assembly that when connected by kingpin to a semi-trailer converts the combined configuration into a full trailer.

A-train double: A combination of vehicles composed of a tractor, a semi-trailer and either an A-dolly and a semi-trailer or a full trailer attached to the rear of the forward semi-trailer as if an A-dolly were used.

Axle: The common axis of rotation of one or more wheels, either power-driven or freely rotating, in one or more segments in the same transverse plan. (Expanded from the definition in chapter 46.04.060 RCW.)

Axle group: Any set of two or more parallel axles associated with a single vehicle or vehicle combination.

Axle group weight: The part of the gross vehicle weight transmitted to the highway by the defined axle group.

Axle spacing (spread): The longitudinal distance between the centers of the foremost and rearmost axles of an axle group measured from center to center of the defined axles.

B-train double: A combination of vehicles composed of a tractor, a semi-trailer and a second semi-trailer connected by kingpin to the lower half of a fifth wheel assembly mounted on the rear of the forward semi-trailer.

C-dolly: A converter dolly that is equipped with a single axle that is self-steering, towed from two hitches located in a horizontal transverse line on the towing unit, and is so designed that when the trailer converter dolly is coupled to a towing trailer, the trailer converter dolly cannot pivot horizontally with respect to the towing trailer.

Axle spacing report: A report stating the maximum amount of weight a vehicle, or vehicle combination, can carry, both legally and under permit, based on the number of axles, the axle spacings, and the number and sizes of tires on the vehicle, or vehicle combination.

Combination length: The total length of a combination of vehicles, i.e., truck-tractor—semi-trailer—trailer combination, measured from front extremity of the first vehicle to the rear extremity of the last vehicle, including the connecting space between vehicles and any overhanging load.

Combined trailer length: The total length of a combination of trailers measured from the front extremity of the first trailer to the rear extremity of the last trailer including the connecting space and any overhanging load.

Converter dolly: A vehicle unit that is designed, usually with the bottom half of a fifth wheel assembly, to convert a semi-trailer with kingpin into a full trailer.

C-train double: A combination of vehicles composed of a tractor, a semi-trailer, a C-dolly and a second semi-trailer.

Daylight hours: One-half hour before sunrise until one-half hour after sunset.

Extra-legal vehicle: A vehicle, laden or unladen, which exceeds legal dimensions and/or weights and operates on highways by permit.

Gross weight: The weight of a vehicle and/or combination of vehicles plus the weight of any load thereon.

Height: The total vertical dimension of a vehicle above the ground surface including any load or appurtenance.

Length: The total longitudinal dimension of a single vehicle, vehicle combination (see combination length), or individual trailer or semi-trailer. Trailer length is measured from the front of the cargo-carrying unit to its rear, exclusive of all overhangs from safety or energy efficiency devices (see also measurement exclusive devices). Length of a loaded trailer must include any overhangs of load when determining compliance with length limits or the need for a special permit.

Longer combination vehicle: A combination of truck tractor, semi-trailer, and trailer that exceeds legal length dimensions and operates on highways by permit for transporting reducible loads.

Maximum off track: The maximum difference in the path created by the center of the steering axle and the center of the rearmost axle of the vehicle or vehicle combination during the negotiation of a turn.

Multilane highway: A highway with two or more lanes of travel in the same direction.

Measurement exclusive devices: Certain devices that provide added safety, energy conservation, or are otherwise necessary, and are not designed to carry cargo.

National network: Those interstate and other federal-aid primary highways on which commercial vehicles of the dimensions authorized by the Surface Transportation Assistance Act of 1982 are allowed to operate.

Night: Night means one-half hour after sunset to one-half hour before sunrise.

Nondivisible load: A load that cannot be readily or reasonably dismantled and is reduced to a minimum practical size and weight. Portions of a load can be detached and reloaded on the same hauling unit when the separate pieces are necessary to the operation of the machine or equipment which is being hauled: Provided, That the arrangement does not exceed permit limits for the configuration without the reloaded pieces. The federal definition of nondivisible load to be used for vehicles operating on the interstate is as follows: Any load or vehicle exceeding applicable length or weight limits that, if separated into smaller loads or vehicles, would: Compromise the intended use of the vehicle, destroy the value of the load or vehicle, require more than eight work hours to dismantle using appropriate equipment.

Permit: A written or electronic authorization to:

(a) Move or operate a vehicle, or combination of vehicles, on a highway;

(b) With or without a load;

Pilot/escort vehicle: A motor vehicle used for the express purpose as a warning and guide vehicle for extra-legal vehicles.

Pounds per inch of tire width: A measure of load restriction based on rated tire size. The pounds per inch of tire width are determined by dividing the weight carried on the axle group by the number of tires in the group and dividing again by the manufacturer's rated tire width as indicated on the sidewall of the tire.

Rear overhang: The distance from the center of the last axle to the end of the load, or portion of the vehicle whichever is longer.

Regional permit: Permits issued for interstate movement of certain nondivisible overweight and/or oversize vehicles and/or loads on highways designated by the jurisdictions participating in the "Western Regional Agreement for the Issuance of Permits for Overweight and/or Oversize Vehicles and/or Loads Involved in Interstate Travel."

Regular operation: The movement over highways of motor vehicles with dimensions and weights specified by state and federal codes.

Retractable axle: An axle that can be separately raised and lowered by the driver of the vehicle but may not have its weight bearing capacity regulated from within reach of the driver's compartment. Also known as "lift axle" and "booster axle," or more formally known as a "variable load suspension" (VLS) axle.

Rocky mountain double: A combination of vehicles including a truck-tractor pulling a long semi-trailer and a shorter trailer.

Single axle: An assembly of two or more wheels whose centers are in one transverse vertical plane and which are transmitting weight to the highway.

Single unit: A motor vehicle with no attached vehicles, i.e., truck, bus, truck-tractor.

Steering axle: The axle or axles on the front of a motor vehicle that are activated by the operator to directly accomplish guidance or steerage of the vehicle and/or a combination of vehicles.

Superload: A superload is any load that would require special analysis and approval by one or more state permit offices because of dimensions or weight. Criteria for superloads in Washington state are found in WAC 468-38-405.

Tandem axle: Any two consecutive single axles whose centers may be included between parallel transverse vertical planes spaced at least four feet but not more than eight feet apart, extending across the width of the vehicle, articulating from a common attachment, or designed to automatically equalize the load between the two axles. This working definition is extrapolated from RCW 46.44.041.

Tote: Common term for a motor vehicle used to transport manufactured housing.

Tridem axle: Any three consecutive single axles whose extreme centers may be included between parallel transverse vertical planes spaced not more than twelve feet apart, extending across the width of the vehicle, and are articulated from a common attachment to the vehicle, or are designed to automatically equalize the load between the three axles.

Truck-tractor: A motor vehicle used primarily for pulling other vehicles but not specifically constructed to carry a load other than a part of the weight of the vehicle and load being pulled. This vehicle may include a small freight compartment (also referred to as a dromedary box), deck or plate not more than eight feet in length used for carrying a load. Federal rule allows the interstate use of a vehicle with a dromedary box only if the vehicle was in operation prior to December 1, 1982, proof to be provided by the vehicle operator. This working definition was extrapolated from RCW 46.04.655, 46.44.037 and Code of Federal Regulation, 23 C.F.R. 658.13(f).

Trunnion axle: An axle configuration with two individual axles mounted in the same transverse plane, with four tires on each axle, connected at a pivot point that allows each individual axle to oscillate in a vertical plane to provide constant and equal weight distribution on each individual axle.

Trunnion axle group: Two or more consecutive trunnion axles, that are individually attached to, and/or articulated from, the vehicle, and may include a weight equalizing suspension system.

Turnpike double: A combination of vehicles including a truck-tractor pulling a long semi-trailer and an additional long trailer.

Wide base tire: A tire whose nominal section (sidewall to sidewall) width, as identified by tire nomenclature, is over fourteen inches.

Width: The total outside transverse dimension of a vehicle including any load or load-holding devices thereon, but excluding approved safety devices and tire bulge due to load.

History

Statutory Authority: RCW 46.44.090. WSR 05-04-053, § 468-38-005, filed 1/28/05, effective 2/28/05.

Wash. Admin. Code § 468-38-030 Temporary additional tonnage permits.

(1) What vehicle type or vehicle combination is eligible for the temporary additional tonnage permit provided in RCW 46.44.095? Temporary additional tonnage permits may be issued to the following types of vehicles: Three or more axle single unit trucks; three or more axle truck-tractors, including those equipped with a legal dromedary area; and a truck-tractor with two axles pulling double trailers.

(2) What is the maximum amount of additional tonnage that can be purchased? Tonnage may be purchased up to the legal capacity of the vehicle(s), not to exceed one hundred five thousand five hundred pounds, based on number of axles and axles spacings (RCW 46.44.041), and number and size of tires.

(3) Are temporary additional tonnage permits ever issued to the trailer? Temporary additional tonnage permits are only issued to power units.

(4) Can a department of licensing trip permit be used in lieu of licensed tonnage, to meet the forty thousand pound (single unit) or eighty thousand pound (combination) requirement needed before an additional tonnage permit can be issued? Yes, as provided for in RCW 46.16.160.

(5) Can the additional tonnage permit extend beyond the valid license period? The additional tonnage permit may not extend beyond the valid license period. In the case where department of licensing trip permits are used in lieu of licensed tonnage, a minimum of two three-day trip permits must be used because the additional tonnage permit is sold for a minimum of five days. Only three trip permits can be issued to a vehicle within a thirty-day period, allowing for a maximum of nine days of additional tonnage in any thirty-day period.

History

Statutory Authority: RCW 46.44.090. WSR 05-04-053, § 468-38-030, filed 1/28/05, effective 2/28/05
WSR 94-07-054 (Order 142), § 468-38-030, filed 3/11/94, effective 3/11/94
WSR 89-23-110 (Order 68), § 468-38-030, filed 11/22/89, effective 12/23/89
WSR 82-18-010 (Order 31, Resolution No. 156), § 468-38-030, filed 8/20/82. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-030, filed 12/20/78. Formerly WAC 252-24-030.

Wash. Admin. Code § 468-38-050 Special permits for extra-legal loads.

(1) When can the department or its agents issue a permit for an extra-legal move? The following general conditions must be met:

(a) Application can be made in face-to-face over-the-counter transactions with the department or its agents and the applicant has shown there is good cause for the move. The requestor may self-issue a special motor vehicle permit for their vehicles when applicable. Application may be made in written or electronic format to the department's agents.

(b) The applicant has shown the configuration is eligible for a permit.

(d) The points of origin and destination and the route of travel have been stated and approved.

(e) The move has been determined to be consistent with public safety. The permit applicant has indicated that appropriate safety precautions will be taken as required by state law, administrative rule or specific permit instruction.

(2) How must a vehicle(s), including load, be configured to be eligible for a special permit to move on the state highways? A vehicle(s), including load, that can be readily or reasonably dismantled must be reduced to a minimum practical size and weight. Portions of a load may be detached and reloaded on the same hauling unit when the separate pieces are necessary to the operation of the machine or equipment which is being hauled: Provided, that the arrangement does not exceed special permit limits. Detached and reloaded pieces must be identified on the special permit. Permit requests for specific divisible loads are authorized under WAC 468-38-071.

(3) Are there any exceptions to dismantling the configuration? Yes. A vehicle, vehicle combination or load may stay assembled if by separating it into smaller loads or vehicles the intended use of the vehicle or load would be compromised (i.e., removing the boom from a self-propelled crane), the value of the load or vehicle would be destroyed (i.e., removing protective packaging), and/or it would require more than eight work hours to dismantle using appropriate equipment. The permit applicant has the burden of proof in seeking an exception. Configurations that fall under the exception must not exceed special permit limits.

(4) What does the applicant affirm when he/she signs the permit? The permit applicant affirms:

(a) The vehicle or vehicle combination and operator(s) are properly licensed to operate and carry the load described in accordance with appropriate Washington law and administrative code.

(b) They will comply with all applicable requirements stipulated in the permit to move the extra-legal configuration.

(c) The move (vehicle and operator) is covered by a minimum of seven hundred and fifty thousand dollars liability insurance: Provided, that a noncommercial move (vehicle and operator) shall have at minimum three hundred thousand dollars liability insurance for the stated purpose.

(d) Except as provided in RCW 46.44.140, the official department special permit signed by the permittee, or a copy of the signed permit, must be carried on the power unit at all times while the permit is in effect. Moves made by designated emergency vehicles, receiving departmental permit authorization telephonically, are exempt from this requirement.

(e) A copy of a signed permit as noted in (d) of this subsection includes the electronic display of the signed permit on an electronic device with the following requirements:

(i) When a permittee chooses to display the permit electronically, the permittee accepts all liability for any damage or loss of display to the device during transport, inspection by enforcement personnel, or other times that the permit is to be displayed.

(ii) The displayed permit must be verifiable by law enforcement through the Washington state permitting system known as the electronic system network overweight oversize permit information (eSNOOPI) system.

(iii) The permittee agrees to authorize law enforcement to have physical control of the device for inspection of the permit when requested.

(iv) Permits containing routing information require the electronic device to have a screen display of no less than three and a half inches by five inches. Other permit types may have smaller screen displays.

(v) Display of the permit must be legible or the electronic device must have the ability to zoom the image so it is legible.

(vi) The permittee must comply with the requirements for electronic display of a permit or must have a paper copy of the permit carried on the power unit at all times while transporting the permitted load.

(5) What specific responsibility and liability does the state assign to the permit applicant through the special permit? Permits are granted with the specific understanding that the permit applicant shall be responsible and liable for accidents, damage or injury to any person or property resulting from the operation of the vehicle covered by the permit upon public highways of the state. The permit applicant shall hold blameless and harmless and shall indemnify the state of Washington, department of transportation, its officers, agents, and employees against any and all claims, demands, loss, injury, damage, actions and costs of actions whatsoever, that any of them may sustain by reason of unlawful acts, conduct or operations of the permit applicant in connection with the operations covered by the permit.

(6) When and where can a special permit be acquired? The following options are available:

(a) Special permits may be purchased at any authorized department of transportation office or agent Monday through Friday during normal business hours.

(b) Companies that would like to self-issue permits for their own vehicles may apply to the department for this privilege. Department representatives will work with the company to determine if self-issuing is appropriate.

History

Statutory Authority: RCW 46.44.090. WSR 16-11-011, § 468-38-050, filed 5/5/16, effective 6/5/16. Statutory Authority: RCW 46.44.090, 46.44.0915, and 46.44.101. WSR 11-17-130, § 468-38-050, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 46.44.090. WSR 05-04-053, § 468-38-050, filed 1/28/05, effective 2/28/05. Statutory Authority: RCW 46.44.090 and 47.01.071. WSR 91-10-023 (Order 71), § 468-38-050, filed 4/23/91, effective 5/24/91. Statutory Authority: RCW 46.44.090. WSR 89-23-110 (Order 68), § 468-38-050, filed 11/22/89, effective 12/23/89
WSR 82-18-010 (Order 31, Resolution No. 156), § 468-38-050, filed 8/20/82. Formerly WAC 468-38-150. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-050, filed 12/20/78. Formerly WAC 252-24-050.

Wash. Admin. Code § 468-38-070 Maximums and other criteria for special permits—Nondivisible.

(1) Are there maximum dimensions established for moving nondivisible over-dimensional vehicles and/or loads? Yes. In all instances the general safety of the public is considered paramount and will ultimately govern over-dimensional moves. There are some general rules; however, physical barriers determine most maximums for over-dimensional moves. Over-dimensional maximums are addressed as follows:

(a) Overwidth: As stipulated in RCW 46.44.092, fourteen feet on any two-lane highway; twenty feet on any multiple-lane highway where a physical barrier serving as a median divider (i.e., jersey barrier, cyclone fence, guardrail, etc.) separates the oncoming and opposing traffic lanes; thirty-two feet on any multiple-lane undivided highway. Permits may be issued for widths in excess of the preceding limits when traveling on highway segments that by design can accommodate the greater width.

(b) Overheight: Any move involving height, especially permitted moves exceeding fourteen feet, are governed by the ability to clear overhead obstructions such as bridges, underpasses, wires, overhead signs, and other objects. The issuance of a permit does not insure the route to be free of overhead obstructions. It is the responsibility of the permit applicant to check, or prerun, the proposed route and provide for safe maneuvers around the obstruction or detours as necessary. Structures owned by the state should be reviewed with department field personnel to determine safe navigation of the move, including options for temporary removal of obstructions. Detours off the state route onto county or city roads require authorization from those jurisdictions. A traffic control plan (see WAC 468-38-405 (3)(d)) may be requested for approval by the department before a permit is issued.

(c) Overlength: Routes will be limited to over-dimensional moves based on ability to negotiate curves, interchanges, entrance and exit roadways and other obstacles.

(2) Are there maximum weights established for moving nondivisible overweight vehicles and/or loads? Yes. Weight maximums for the movement of a nondivisible load under special permit are established in RCW 46.44.091. In addition, tire loading for the movement of a nondivisible load is limited to the lesser of six hundred pounds per inch width of tire or the tire manufacturer's rating with proper inflation, as determined by the nomenclature imprinted on the tire.

(3) Are there maximums and/or other criteria established for the use of specific vehicle combinations when moving over-dimensional nondivisible loads? Yes. The maximums for specific vehicle combinations are as follows:

(a) Truck-tractor pulling a semi-trailer or full trailer: Trailers in excess of legal length and/or width dimensions, or the permitted length of fifty-six feet, shall not exceed the length or width of the nondivisible load being transported. The department may grant an exception when the added dimension is necessary to spread the weight of the load to comply with requirements established by the department to protect the infrastructure. Jeeps and/or boosters may be added to the trailer to help distribute weight as necessary. A "pusher" power unit may also be added to the configuration upon approval of the department. Jeeps, boosters and pusher power units will be considered part of the trailing unit plus load measurement.

(b) Truck-tractor pulling semi-trailer and full trailer (or two semi-trailers in B-train configuration): The combined trailer length, including the space between trailers, may not exceed sixty-one feet. This combination is limited to nondivisible loads not to exceed ten feet wide. Both trailers may carry a nondivisible load, with the widest load carried on the first trailer. Trailers in excess of legal width shall not exceed the width of the nondivisible load being transported. This combination may not carry overheight, overlength or overweight loads.

(i) Both truck and trailer carrying loads: The combined overall length of the combination when carrying a nondivisible overlength load must not exceed eighty-five feet. Any nondivisible overlength load is restricted to only one vehicle. The trailer may be loaded with the overhang entirely to the rear of the trailer, or the truck may be loaded with the overhang entirely to the front of the truck. Both truck and trailer may carry overwidth and overheight loads. The truck and/or trailer in this configuration may not carry an overweight nondivisible load.

(ii) Unladen truck and trailer: The unladen truck may be treated as a truck-tractor and the combination addressed as described in (a) of this subsection: Provided, That the truck-tractor is not carrying any load of any kind, and that its use as an unladen truck is specified on the special permit. The trailing unit is measured from the foremost point of the draw bar or load, whichever is greater, to the rearmost part of the trailer or load, whichever is greater. This combination may carry a nondivisible overweight load on the trailer. For example, an unladen dump truck may acquire a special permit to pull a tilt trailer with a dozer or backhoe where the trailer load causes the axles to exceed legal weight. An unladen truck with unladen trailer must not exceed an overall length of eighty-five feet.

(iii) Log truck with pole trailer - nondivisible poles: A log truck with pole trailer hauling a single load of nondivisible poles, where the log truck is supporting a proportionate share of the load, must be permitted for overlength based on load length, similar to a truck tractor semi-trailer configuration. Measurement will be taken from the front of load or bunks, whichever comes first, to the end of the load. No portion of the pole trailer may extend beyond the load in an overlength configuration.

(4) Can a vehicle, or vehicle combination, carry multiple pieces when using an over-dimensional nondivisible special permit? Yes, under the following conditions:

(a) The vehicle(s) and load are transported at legal weights.

(b) The largest nondivisible piece(s) must be loaded to its practicable minimum. No single piece may create a dimension greater than the dimension it would create if loaded properly and carried by itself.

(c) Additional pieces may be added within the envelope dimension created by the largest piece(s) loaded to its practicable minimum. The envelope should be viewed as an imaginary cube with height, length and width defined by the extremities, regardless of shape, of the over-dimensional piece(s) and other legal dimensions as necessary. The department will provide an illustrative example upon request.

(5) Are there any circumstances when an over-dimensional vehicle(s) can move a legal size load? Yes, when the following conditions have been met:

(a) The vehicle(s) are making the move in conjunction with being in route to pick up a nondivisible load under special permit (front haul); or

(b) The vehicle(s) are making the move in conjunction with returning from a delivery of a nondivisible load under special permit (back haul); and

(d) The front haul or back haul is noted on the special permit used for the nondivisible move.

History

Statutory Authority: RCW 46.44.090. WSR 06-07-025, § 468-38-070, filed 3/7/06, effective 4/7/06
WSR 05-04-053, § 468-38-070, filed 1/28/05, effective 2/28/05
WSR 00-11-019 (Order 197), § 468-38-070, filed 5/9/00, effective 6/9/00
WSR 98-21-019 (Order 183), § 468-38-070, filed 10/13/98, effective 11/13/98
WSR 98-09-029 (Order 172), § 468-38-070, filed 4/10/98, effective 5/11/98
WSR 96-23-003, § 468-38-070, filed 11/7/96, effective 12/8/96
WSR 83-16-018 (Order 39, Resolution No. 195), § 468-38-070, filed 7/25/83
WSR 82-18-010 (Order 31, Resolution No. 156), § 468-38-070, filed 8/20/82. Formerly WAC 468-38-170. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-070, filed 12/20/78. Formerly WAC 252-24-080.

Wash. Admin. Code § 468-38-071 Maximums and other criteria for special permits—Divisible.

(1) Can a vehicle, or vehicle combination, acquire a permit to exceed the dimensions for legal vehicles in regular operation when moving items of a divisible nature? Yes. There are specific configurations that receive extra length, extra width, or extra height when carrying a divisible load.

(2) What configurations can be issued a permit, and how are they measured? The configurations and measurement criteria are:

(a) An overlength permit may be issued to a truck-tractor to pull a single trailer or semi-trailer, with a trailer length not to exceed fifty-six feet. The measurement for the single trailing unit will be from the front of the trailer (including draw bar when used), or load, to the rear of the trailer, or load, whichever provides the greater distance up to fifty-six feet. Rear overhang may not exceed fifteen feet.

(b) An overlength permit may be issued to a truck-tractor to pull a set of double trailers, composed of a semi-trailer and full trailer or second semi-trailer, with a combined trailer length not to exceed sixty-eight feet. The measurement for double trailers will be from the front of the first trailer, or load, to the end of the second trailer or load, whichever provides the greatest distance up to sixty-eight feet. Note: If the truck-tractor is carrying an allowable small freight compartment (dromedary box), the total combined length of the combination, combined trailer length notwithstanding, is limited to seventy-five feet.

(c) An overlength permit may be issued to a log truck pulling a pole-trailer, trailer combination, carrying two distinct and separate loads, as if it was a truck-tractor pulling a set of double trailers. Measurement for the log truck, pole-trailer, trailer combination will be from the front of the first bunk on the truck to the rear of the second trailer, or load, whichever provides the greatest distance up to sixty-eight feet.

(d) An overheight permit may be issued to a vehicle or vehicle combination, hauling empty apple bins, not to exceed fifteen feet high. Measurement is taken from a level roadbed. This permit may be used in conjunction with either of the overlength permits in (a) or (b) of this subsection. The permit may also provide an exemption from a front pilot/escort vehicle as required by WAC 468-38-100 (1)(h). The exemption does not limit the liability assumed by the permit applicant.

(e) An overheight permit may be issued to a vehicle or vehicle combination owned by a rancher and used to haul the rancher's own hay from the rancher's own fields to feed the rancher's own livestock, not to exceed fifteen feet high, measured from a level roadbed. This permit may be used in conjunction with either of the overlength permits in (a) or (b) of this subsection. The permit may also provide an exemption from a front pilot/escort vehicle as required by WAC 468-38-100 (1)(h). The exemption does not limit the liability assumed by the permit applicant.

(f) An overwidth permit, termed a tarping system permit, may be issued to a vehicle or vehicle combination for a divisible load when such vehicle is equipped with a tarping system as defined in WAC 468-38-073 (5)(n) and under the following conditions:

(i) The divisible load must be authorized by a tarping system permit in order to display the special conditions on the permit;

(ii) A tarping system permit is required for any divisible load exceeding one hundred and two inches (eight feet six inches) in width but not exceeding nine feet in width, all of which must be within the confines of the tarping system dimensions. For example, bulging of the tarping material, to accommodate the load, is not authorized;

(iii) A tarping system permit is authorized to be used in conjunction with either of the overlength permits authorized under (a) or (b) of this subsection; and

(iv) Vehicles operating with a tarping system permit are exempt from the requirements and restrictions listed in WAC 468-38-075(1).

(3) Are there any measurement exclusive devices related to these permits? Measurements should not include nonload-carrying devices designed for the safe and/or efficient operation of the vehicle, or vehicle combination components, for example: An external refrigeration unit, a resilient bumper, an aerodynamic shell, etc. Safety and efficiency appurtenances, such as, but not limited to, tarp rails and splash suppression devices, may not extend more than three inches beyond the width of a vehicle. The examples are not all inclusive.

(4) Are overweight permits available for divisible loads? Yes. There are specific criteria authorizing overweight permits to divisible loads.

(a) Additional weight allowances are authorized through special permit for a segment of US-97 from the Canadian border to milepost 331.12 designated as a heavy haul industrial corridor. The permits will authorize vehicles to haul divisible loads weighing up to the Canadian inter-provincial weight limits and must comply with the following requirements:

(i) Vehicles applying for the Canadian weight special permit must be licensed to their maximum legal weight limit in Washington state.

(ii) Displaying the US-97 heavy haul industrial corridor permit does not waive registration fees, fuel taxes, operating authority requirements, future legislative or regulatory changes. Except as provided in the provisions for the heavy weight industrial corridor on US-97, all Washington state and federal laws must be complied with.

(iii) Routes of travel are strictly limited: Both directions of US-97 from the Canadian border at milepost 336.48 to milepost 331.12.

(iv) A Washington state axle spacing report is required for Canadian weight verification.

(v) The following descriptions indicate the maximum weight limits that will be permitted:

(A) Primary steering axle - 600 lbs. (272 kg) per inch (25.4 mm) of width of tire* with a maximum limit of 12,100 lbs.

(B) Other axles - 500 lbs. (227 kg) per inch of width of tire*.

(D) Tandem axles - 37,500 lbs. (17,000 kg) maximum.

*Width of tire is determined by tire side-wall nomenclature.

(E) Tridem axles.

| Axle Spread | Pounds | Kilograms | | --- | --- | --- | | 94" (2.4m) to < 118" (3.0m) | 46,300 | 21,000 | | 118" (3.0m) to < 141" (3.6m) | 50,700 | 23,000 | | 141" (3.6m) to < 146" (3.7m) | 52,900 | 24,000 |

| Note: | When computing allowable weights, the most conservative figure (whether weight per width of tire, axle weights, or gross weights) will govern. | | --- | --- |

(F) Maximum gross weight - Pounds (kilograms).

| Number of Axles | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | --- | --- | --- | --- | --- | --- | --- | --- | | Truck | 36,000 (16,350) | 53,000 (24,250) | | | | | | | Truck and Full Trailer | | | 74,000 (33,500) | 91,000 (41,250) | 106,500 (48,250) | 118,000 (53,500) | 139,994 (63,500) | | Truck and Pup | | 56,200 (25,450) | 74,000 (33,550) | 91,000 (41,250) | 99,800 (45,250) | | | | Tractor and Semi | | 52,300 (23,700) | 69,700 (31,600) | 87,100 (39,500) | 95,900 - 102,500* | | | | A-Train** | | | | 92,500 (41,900) | 109,800 (49,800) | 118,000 (53,500) | 118,000 (53,500) | | B-Train** | | | | 90,000 (40,700) | 107,200 (48,600) | 124,600 (56,500) | 139,994 (63,500) | | C-Train** | | | | 92,500 (41,900) | 109,800 (49,800) | 120,500 (54,600) | 130,000 (58,500) |

| *Semi tridem axle spacing and weight limits: | | --- | | 94" to < 118" (2.4m to < 3.0m) spread - 95,900 lbs. (43,500 kg). | | 118" to < 141" (3.0m to < 3.6m) spread - 100,310 lbs. (45,500 kg). | | 141" to < 146" (3.6m to < 3.7m) spread - 102,500 lbs. (46,500 kg). | | **Double trailer vehicles definition for this section: | | A-Train: Double trailers coupled by a single drawbar. | | B-Train: Two semi-trailers coupled by a fifth wheel mounted to rear of first trailer. | | C-Train: Double trailers coupled by double drawbars with self-steering dolly axle(s). |

(b) Additional weight allowances are authorized through a special permit for the transportation of divisible loads on state highways during national emergencies or major disasters declared by the president. Emergency permits are available for loads that comply with the conditions following:

(i) The national emergency must be declared by the president of the United States;

(ii) Permits are issued exclusively for vehicles and loads that are delivering relief supplies for any destination that is part of the geographical area covered by the emergency declaration;

(iii) The entire permitted load must consist of emergency supplies; and

(iv) The weight limits for an emergency permit are as follows:

(A) Single axle weight not to exceed 21,500 lbs.;

(B) Tandem axle weight not to exceed 43,000 lbs.;

(C) Tridem axle group weight not to exceed 53,000 lbs. (Tridem axle group defined for this section as three consecutive axles more than 8 feet apart but less than 13 feet apart measured from the center of the first axle of the group to the center of the last axle of the group);

(D) 160,000 lbs. gross weight;

(E) Must comply with all bridge and road weight restrictions;

(F) When requested by law enforcement, documents must be displayed describing the permitted load and that it is destined for the declared emergency area;

(G) Emergency permits under this section will expire no later than one hundred twenty calendar days after the date of the emergency declaration; and

(H) Permits authorized by the emergency declaration will not be issued for loads originating in the declared emergency area except for activities that clear roadways, staging areas, or locations for temporary structures in specific areas in the disaster area.

(5)(a) Are there special permits available to government vehicles for emergent conditions? Yes. There are specific criteria authorizing issuance of permits to government vehicles during emergent conditions.

(b) The secretary of transportation, or designee, may issue permits to government vehicles used for the emergent preservation of public safety and/or the infrastructure (i.e., snow removal, sanding highways during emergency winter conditions, emergent debris removal or retainment, etc.). The permits will also be valid for the vehicles in transit to or from the emergent worksite. The special permits may allow:

(i) Weight on axles in excess of what is allowed in RCW 46.44.041;

(ii) Movement during hours of the day, or days of the week, that may be restricted in WAC 468-38-175;

(iii) Exemption from the sign requirements of WAC 468-38-155(7) if weather conditions render such signs ineffectual;

(iv) Movement at night that may be restricted by WAC 468-38-175(3), by vehicles with lights that meet the standards for maintenance vehicles established by the commission on equipment; and

(v) Exemption from the pilot/escort vehicle(s) requirements of WAC 468-38-100(1).

History

Statutory Authority: RCW 46.44.090. WSR 19-24-067, § 468-38-071, filed 11/27/19, effective 12/28/19. Statutory Authority: RCW 46.44.098, 46.44.090, and Public Law 112-141, MAP 21, Section 1511. WSR 13-18-009, § 468-38-071, filed 8/22/13, effective 9/22/13. Statutory Authority: RCW 46.44.090, 46.44.0915, and 46.44.101. WSR 11-17-130, § 468-38-071, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 46.44.090 and 46.44.0915. WSR 08-13-042, § 468-38-071, filed 6/12/08, effective 6/12/08. Statutory Authority: RCW 46.44.090. WSR 05-04-053, § 468-38-071, filed 1/28/05, effective 2/28/05
WSR 98-21-019 (Order 183), § 468-38-071, filed 10/13/98, effective 11/13/98
WSR 96-23-003, § 468-38-071, filed 11/7/96, effective 12/8/96.

Wash. Admin. Code § 468-38-073 Measurement exclusive devices.

(1) What are the criteria for being a measurement exclusive device? Generally, measurement exclusive devices are vehicle appurtenances designed and used for reasons of safety, aerodynamics, or efficient vehicle operation. A measurement exclusive device must not carry property, create a space that property could occupy outside of legal or permitted dimensions, or exceed the specific dimensional limitations stated in this section.

(2) What devices at the front of a single unit vehicle, or power unit in a vehicle combination, are excluded from length determinations? The following devices have been identified as measurement exclusive when determining length from the front of a single unit vehicle or power unit in a vehicle combination:

(a) Resilient bumpers that do not extend more than six inches from the vehicle;

(b) A fixed step up to three inches deep at the front of an existing automobile transporter until April 29, 2005. It will be the responsibility of the operator of the unit to prove that the step existed prior to April 29, 2002. Such proof can be in the form of a work order for equipment modification, a receipt for purchase and installation of the piece, or any similar type of documentation. After April 29, 2005, the step shall no longer be excluded from a vehicle's length.

(3) What devices at the front of a semi-trailer or trailer are excluded from length determinations? The following devices have been identified as measurement exclusive when determining length from the front of a semi-trailer or trailer:

(a) A device at the front of a trailer chassis to secure containers and prevent movement in transit;

(b) A front coupler device on a semi-trailer or trailer used in road and rail intermodal operations;

(d) Air compressor;

(e) Certificate holder (manifest box);

(f) Door vent hardware;

(g) Electrical connector;

(h) Gladhand (air hose connectors joining tractor to trailer);

(i) Handhold;

(j) Hazardous materials placards and holders;

(k) Heater;

(l) Ladder;

(m) Nonload carrying tie-down devices on automobile transporters;

(n) Pickup plate lip (plate at front of trailer to guide fifth wheel under trailer);

(o) Pump offline on tank trailer;

(p) Refrigeration unit;

(q) Removable bulkhead;

(r) Removable stake;

(s) Stabilizing jack (antinosedive device);

(t) Stake pocket;

(u) Step;

(v) Tarp basket;

(w) Tire carrier; and

(x) Uppercoupler.

(4) What devices at the rear of a single unit vehicle, semi-trailer or trailer are excluded from length determinations? The following devices have been identified as measurement exclusive when determining length from the rear of a single unit vehicle, semi-trailer or trailer:

(a) Aerodynamic devices that extend up to a maximum of five feet beyond the rear of the vehicle, provided such devices have neither the strength, rigidity nor mass to damage a vehicle, or injure a passenger in a vehicle, that strikes a vehicle so equipped from the rear, and provided also that they do not obscure tail lamps, turn signals, marker lamps, identification lamps, or any other required safety devices, such as hazardous materials placards or conspicuity markings (i.e., reflective tape);

(b) Handhold;

(d) Ladder;

(e) Loading and unloading device not to exceed two feet beyond legal length;

(f) Pintle hook;

(g) Removable stake;

(h) Splash and spray suppression device;

(i) Stake pocket; and

(j) Step.

(5) What devices at the side of a vehicle are excluded from width determinations? The following devices have been identified as measurement exclusive, not to exceed three inches from the side of the vehicle, when determining width of a vehicle:

(a) Corner cap;

(b) Handhold for cab entry/egress;

(d) Lift pad for trailer on flatcar (piggyback) operation;

(e) Load induced tire bulge;

(f) Rain gutter;

(g) Rear and side door hinge and protective hardware;

(h) Rearview mirror;

(i) Side marker lamp;

(j) Splash and spray suppressant device, or component thereof;

(k) Structural reinforcement for side doors or intermodal operation (limited to one inch from the side within the three-inch maximum extension);

(l) Tarping system for open-top cargo area;

(m) Turn signal lamp;

(n) Movable device to enclose the cargo area of a flatbed semi-trailer or trailer, usually called "tarping system," where no component part of the system extends more than three inches from the sides or back of the vehicle when the vehicle is in operation. This exclusion applies to all component parts of a tarping system, including the transverse structure at the front of the vehicle to which the sliding walls and roof of the tarp mechanism are attached, provided the structure is not also intended or designed to comply with 49 C.F.R. 393.106, which requires a headerboard strong enough to prevent cargo from penetrating or crushing the cab; the transverse structure may be up to one hundred eight inches wide if properly centered so that neither side extends more than three inches beyond the structural edge of the vehicle. Also excluded from measurement are side rails running the length of the vehicle and rear doors, provided the only function of the latter, like that of the transverse structure at the front of the vehicle, is to seal the cargo area and anchor the sliding walls and roof. On the other hand, a headerboard designed to comply with 49 C.F.R. 393.106 is load bearing and thus limited to one hundred two inches in width. The "wings" designed to close the gap between such a headerboard and the movable walls and roof of a tarping system are width exclusive, provided they are add-on pieces designed to bear only the load of the tarping system itself and are not integral parts of the load-bearing headerboard structure;

(o) Tie-down assembly on platform trailer;

(p) Wall variation from true flat; and

(q) Weevil pins and sockets on a platform or low-bed trailer (pins and sockets located on both sides of a trailer used to guide winch cables when loading skid mounted equipment).

(6) Are there weight measurement exclusive devices? Yes. Any vehicle equipped with idle reduction technology, designed to promote reduced fuel usage and emissions from engine idling, may have up to four hundred pounds in total gross, axle, tandem or bridge formula weight exempt (excluded) from the weight measurement. To be eligible for the weight exemption, the vehicle operator must be able to prove:

(a) By written certification the weight of the idle reduction technology; and

(b) By demonstration or certification, that the idle reduction technology is fully functional at all times.

The weight exemption cannot exceed five hundred fifty pounds or the certified weight of the unit, whichever is less.

(7) Can exclusion allowances be combined to create a larger allowance (i.e., adding a five-foot aerodynamic device to a two-foot loading/unloading device for a total exclusion of seven feet)? No. Each exclusion allowance is specific to a device and may not be combined with the exclusion allowance for another device.

(8) Can a device receive exclusion if it is not referenced in law or administrative rule? If the device meets the criteria in subsection (1) of this section, a request for measurement exclusion may be made to the administrator for commercial vehicle services. If approved for an exclusion allowance, the administrator will provide the requestor a written authorization.

History

Statutory Authority: RCW 46.44.090 and 46.44.093. WSR 20-21-043, § 468-38-073, filed 10/13/20, effective 11/13/20
WSR 18-21-168, § 468-38-073, filed 10/23/18, effective 11/23/18. Statutory Authority: RCW 46.44.090, 46.44.093, and P.L. 112-141 MAP 21 section 1510. WSR 13-20-002, § 468-38-073, filed 9/19/13, effective 10/20/13. Statutory Authority: RCW 46.44.090. WSR 07-16-083, § 468-38-073, filed 7/30/07, effective 8/30/07. Statutory Authority: RCW 46.44.090 and 2005 c 189. WSR 05-12-002, § 468-38-073, filed 5/18/05, effective 6/18/05.

Wash. Admin. Code § 468-38-075 Special permit exemptions for authorized vehicles and/or loads.

(1) What special permit requirements/restrictions are exempted for an authorized overlength vehicle and/or load? The following exemptions for authorized overlength vehicles and/or loads include:

(a) The requirement to display "oversize load" signs (WAC 468-38-155(7));

(b) The requirement to cease operation on routes governed by commuter hour restrictions, and during holiday travel restrictions (WAC 468-38-175 (1) and (2));

(d) The restriction for movement during winter road conditions when the following sign is displayed: "traction advisory/oversized vehicles prohibited" (WAC 468-38-095(8)). In addition to being an authorized vehicle, the vehicle must also comply with WAC 204-24-050 Use of tire chains or other traction devices.

(2) What overlength vehicles and/or loads are authorized to receive the exemptions? The following vehicles and/or loads are exempted from the requirements/restrictions identified in subsection (1) of this section:

(a) A truck-tractor/semi-trailer combination where the single trailer does not exceed fifty-six feet, including load;

(b) A truck-tractor/semi-trailer/trailer combination where the combined trailer length does not exceed sixty-eight feet, including load;

(c) A vehicle or vehicle combination with a front overhang not exceeding four feet beyond the three foot legal limit set in RCW 46.44.034 (see also bumper criteria set in RCW 46.37.517), and/or a rear overhang not exceeding fifteen feet;

(d) A single unit fixed load vehicle not exceeding an overall length of forty-five feet including the allowable overhangs in (c); and

(e) A nondivisible load, including the trailer upon which it is carried, not exceeding sixty-one feet.

(3) Are there exemptions for permitted vehicles exceeding legal height or width? Yes. A vehicle or vehicle combination that does not exceed a defined envelope of twelve feet wide, fourteen feet six inches high and an overall combined length of one hundred five feet is exempt from the restriction on movement at night, as referenced in subsection (1)(c) of this section.

(4) Are there exemptions for vehicles operating with an overweight special permit? Yes. A vehicle or vehicle combination operating on a special permit for overweight only, in compliance with all legal dimension limits, is exempt from all of the requirements/restrictions included in subsection (1)(a) through (d) of this section: Provided, That the vehicle or vehicle combination can maintain posted speed limits. This exemption may be used in conjunction with the height and width exemption in subsection (3) of this section.

History

Statutory Authority: RCW 46.44.090. WSR 06-07-025, § 468-38-075, filed 3/7/06, effective 4/7/06
WSR 05-04-053, § 468-38-075, filed 1/28/05, effective 2/28/05
WSR 02-06-106, § 468-38-075, filed 3/5/02, effective 4/5/02
WSR 94-07-055 (Order 143), § 468-38-075, filed 3/11/94, effective 3/11/94
WSR 93-21-008 (Order 139), § 468-38-075, filed 10/8/93, effective 11/8/93.

Wash. Admin. Code § 468-38-080 Emergency load restrictions for heavy vehicles.

(1) When would the department implement a load restriction? Pursuant to RCW 46.44.080, when the department determines that an emergency road condition exists, a freeze thaw condition for example, and that vehicles with gross tire loadings exceeding acceptable limits will damage the highway or endanger other traffic using the highway, the department shall without delay restrict or close that highway segment temporarily to all vehicles or to a designated class of vehicle.

(2) How will vehicle operators be notified of the restrictions? Signs will be erected at each end of the closed/restricted highway segment, and at all intersecting state highways. Depending upon conditions, one of the following signs will be in use:

(a)

| emergency load restrictions | | | | | --- | --- | --- | --- | | CONVENTIONAL TIRES | TUBELESS OR SPECIAL WITH .5 MARKING | | | | Tire Size | Gross Load Each Tire | Tire Size | Gross Load Each Tire | | 7.00 | 1800 lbs. | 8-22.5 | 2250 lbs. | | 7.50 | 2250 lbs. | 9-22.5 | 2800 lbs. | | 8.25 | 2800 lbs. | 10-22.5 | 3400 lbs. | | 9.00 | 3400 lbs. | 11-22.5 | 4000 lbs. | | 10.00 | 4000 lbs. | 11-24.5 | 4000 lbs. | | 11.00 | 4500 lbs. | 12-22.5 | 4500 lbs. | | 12.00 | | 12-24.5 | | | and over | 4500 lbs. | and over | 4500 lbs. |

(b)

| severe emergency load restrictions | | | | | --- | --- | --- | --- | | CONVENTIONAL TIRES | TUBELESS OR SPECIAL WITH .5 MARKING | | | | Tire Size | Gross Load Each Tire | Tire Size | Gross Load Each Tire | | 7.00 | 1800 lbs. | 8-22.5 | 1800 lbs. | | 7.50 | 1800 lbs. | 9-22.5 | 1900 lbs. | | 8.25 | 1900 lbs. | 10-22.5 | 2250 lbs. | | 9.00 | 2250 lbs. | 11-22.5 | 2750 lbs. | | 10.00 | 2750 lbs. | 11-24.5 | 2750 lbs. | | 11.00 | | 12-22.5 | | | and over | 3000 lbs. | and over | 3000 lbs. |

| Note: | The department recommends that carriers check the department's website www.wsdot.wa.gov/freight/mcs for possible advance warning on road restrictions. | | --- | --- |

(3) Are the tires identified in the aforementioned table the only tires authorized for use under permit when the signs in subsection (2) of this section are posted? During periods when "emergency load restrictions" or "severe emergency load restrictions" are in effect, only vehicles equipped with tires required by the table in subsection (2) of this section may operate under permit.

(4) Will there be an allowance for any second axle that is suspended from the frame of a vehicle independent of the regular drive axle, commonly known as a "rigid trail axle"? No.

(5) Will there be an allowance for more than two tires on the steering, or front, axle? No.

(6) What restrictions are there on axle load distributions? The load distribution on any axle must not load the tires on that axle in excess of the prescribed load listed in subsection (2) of this section: Provided, That a truck, truck-tractor, passenger bus or school bus having conventional 10:00 x 20 tires or 11:00 x 22.5 tires, or larger, may carry a maximum load of ten thousand pounds on the front axle over any highway placed under emergency load restrictions.

(7) Is there a permitting process to allow necessary vehicles to use the restricted highway segment? Permits may be issued by the department to allow the operation of school buses and vehicles transporting perishable commodities or commodities necessary for the health and welfare of local residents. These vehicles will be subject to specific weight and speed restrictions, as directed by the department.

(8) Will a temporary additional tonnage permit supersede the restrictions? Operators of vehicles that have been issued a temporary additional tonnage permit must comply with the posted restriction and related rules.

(9) Can this rule supersede or modify any rule in force that has established a lower load limitation on a state highway bridge? No.

History

Statutory Authority: RCW 46.44.090. WSR 05-04-053, § 468-38-080, filed 1/28/05, effective 2/28/05
WSR 82-18-010 (Order 31, Resolution No. 156), § 468-38-080, filed 8/20/82. Formerly WAC 468-38-130. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-080, filed 12/20/78. Formerly WAC 252-24-090.

Wash. Admin. Code § 468-38-095 Emergency road restrictions due to weather or other conditions.

(1) Who has the authority to implement emergency procedures to restrict the movement of a vehicle(s) operating on state highways? RCW 47.48.031 and 46.44.080 provide authority for the chief or another officer of the state patrol, or the secretary of transportation or designee, to restrict vehicle movement by closing or restricting movement on a section(s) of state highway(s) to all vehicles or specific class of vehicles.

(2) Under what conditions would a road restriction be put in place? A restriction or closure may be put in place whenever the department or the state patrol believe that weather or other conditions have created a substantial risk to public safety.

(3) How are the restrictions maintained? The department and the state patrol shall exchange notices of conditions that require a restriction(s) or closure to be placed on the highway, and notices when conditions change that will allow the restriction to be terminated. Either the department or the state patrol, whichever agency can best respond to the condition, shall manually control traffic as needed until the restriction is terminated or until the department can install traffic control devices.

(4) How will the notification of a restriction be communicated to the highway users? The department and the state patrol have a joint responsibility to provide notice of both the placement and removal of highway restrictions/closures. Notices shall be provided to the news media, affected law enforcement agencies, and other appropriate organizations, both public and private. For areas requiring vehicles to apply tire chains, see subsection (8) of this section.

(5) At what point does visibility play a factor in the movement of a vehicle operating under special permit? Moves must not be made when visibility is reduced to one thousand feet or less. If visibility is reduced during transport, the vehicle or vehicle combination must clear the highway at the nearest safe location.

(6) Can an individual move under special permit be restricted through enforcement intervention? Yes. An enforcement officer, at his/her discretion, may require the driver of the permitted vehicle or vehicle combination to pull off of the highway when weather or other conditions become unsafe for further movement. The enforcement officer may direct or escort the permitted vehicle to a place of safety where it may be parked until the unsafe conditions abate.

(7) Do vehicles carrying hazardous or radioactive cargo have greater opportunity of being affected by restrictions? Yes. Due to the potential risks to the public, RCW 47.01.270 and 47.48.050 have provided the department and the state patrol with the specific authority to close a section(s) of the highway(s) to transporters of placarded radioactive or hazardous cargo. The basis for closure is the same as stated in subsection (2) of this section.

(8) Who has authority to prohibit permitted vehicles from chain/approved traction device control areas, and how is this communicated? The department and the state patrol may prohibit a vehicle, whether moving under special permit for oversize/overweight or not, from entering chain/approved traction device control areas. Prohibitions are put in place when it is determined the vehicle will experience difficulty in safely traveling the area. Traffic control signs will generally communicate prohibitions (i.e., "traction advisory/oversized vehicles prohibited," "chains required on all vehicles except all wheel drive," "vehicles over 10,000 gvwr chains required," etc.). In addition, specific vehicle combinations may be required to operate with specified traction devices (i.e., "tractors pulling double trailers must chain up"). Also, refer to WAC 204-24-050 (2)(h) for a list of areas where sufficient tire chains must be carried on the vehicle(s) between November 1 and April 1 of each year.

(9) What penalties are in place for vehicles moving in prohibited areas? Movement into a restricted area when the vehicle is prohibited, or without the specified traction device, is a violation of the special permit, which is a traffic infraction, and subject to the penalties of RCW 46.44.105.

(10) What responsibilities must the operator of a vehicle(s) operating under special permit, during winter road conditions, assume when signs or other traffic control devices are not present? A vehicle, or vehicle combination, operating under special permit for oversize, must stop movement at the nearest safe location during periods when:

(a) Snow is falling to a degree that visibility is limited to less than one thousand feet; or

(b) Immediately following a severe storm when snow removal equipment is operating; or

(d) When compact snow and ice conditions require the use of chains.

Movement must not resume until conditions have abated and clearance obtained from the nearest department or state patrol office. Failure to stop is a violation of the permit and subject to the penalties of RCW 46.44.105.

(11) What services may a business or person provide under the department's tire chain service provider program, as authorized under chapter 47.04 RCW? If the department has issued a permit as provided under subsection (18) of this section to a business or person, hereinafter permittee(s), they are only allowed to install and/or remove motorist-provided tire chains under this program. Providing other services for a fee on highway right of way is prohibited. Permittees are not allowed to sell or rent tire chains to motorists on the highway right of way. If needed, minor repair of motorist-provided tire chains or selling elastic cords to motorists to ensure the proper fit of chains to tires is allowed as part of the installation or removal of tire chains. For example, a minor repair may be the replacement of a link that is missing from a tire chain.

(12) Where on the highway right of way will permittees be allowed to establish work stations? The department will designate chain-on and chain-off areas. Permittees will be allowed to establish work stations in authorized locations only in these designated areas. Permittees are prohibited from establishing work stations on the highway right of way outside of department specified locations. Permittees shall set up a sign to identify their work station. The sign shall display the permittee's permit number and prices charged for services.

(13) When may permittees establish work stations in designated areas? Permittees may establish work stations in designated areas only when they are requested to do so by the department's maintenance personnel responsible for highway operations. Department maintenance personnel will also notify permittees when chains are no longer required and work stations must be closed. Establishing work stations without a request from department maintenance personnel is prohibited.

(14) Are motorists required to use tire chain installation and/or removal services? Use of tire chain services is voluntary. Motorists installing or removing their own tire chains will be able to use designated chain-on and chain-off areas for this purpose.

(15) What fees may permittees charge for their services? A set fee schedule will be annually determined by the department with input from interested parties. All permittees will charge the same fee schedule for services provided. The schedule will include fees for minor repairs and selling elastic cords to motorists for the proper fit of chains to tires. Charging amounts outside of the set fee schedule while working on the highway right of way is prohibited.

(16) What worker safety standards do permittees have to meet while working on the highway right of way? All permittees must follow, at a minimum, all safety work standards and requirements that are listed in the permit. Safety apparel worn by chain installers will meet standards of the American National Standard Institute and the International Safety Equipment Association (ANSI/ISEA). The permittee's permit number shall be visibly displayed on his/her vest, jacket, or other outer garment.

(17) If multiple permittees are authorized to work on highway right of way, how will a fair opportunity to work be afforded to all permittees? If multiple permittees are permitted, the department will utilize a rotational call-out system.

(18) What process is available for acquiring a permit? An application/permit form must be completed and submitted to the department. An orientation session provided by the department, must be attended by all chain installers. Chain installers must exhibit tire chain installation/removal competency. After the applicant has participated in the orientation session, the department may issue a permit to the applicant. The department may limit the number of permits issued on a first-come first-served basis. The department, in issuing a permit for the installation or removal of tire chains, assumes no responsibility for the actions, inactions, competence, or reliability of the permittee in performing those services and shall not be liable for the damages relating to acts or omissions of the permittees in accordance with RCW 47.04.270.

(19) What happens if any permit condition is violated by the permittee or if the permittee has made false or misleading statements on the permit application? If a permittee violates any permit condition or if the permittee has made a false or misleading statement on the permit application, the department may immediately revoke the permit. The permittee is not entitled to a permit revocation hearing.

History

Statutory Authority: Chapter 47.04 RCW. WSR 06-22-015, § 468-38-095, filed 10/23/06, effective 11/23/06. Statutory Authority: RCW 46.44.090. WSR 05-04-053, § 468-38-095, filed 1/28/05, effective 2/28/05.

Wash. Admin. Code § 468-38-100 Pilot/escort vehicle and operator requirements.

(1) A certified pilot/escort operator, acting as a warning necessary to provide safety to the traveling public, must accompany an extra-legal load when:

(a) The vehicle(s) or load exceeds 11 feet in width: Two pilot/escort vehicles are required on two lane highways, one in front and one at the rear.

(b) The vehicle(s) or load exceeds 14 feet in width: One escort vehicle is required at the rear on multilane highways.

(c) The vehicle(s) or load exceeds 20 feet in width: Two pilot/escort vehicles are required on multilane undivided highways, one in front and one at the rear.

(d) The trailer length, including load, of a tractor/trailer combination exceeds 105 feet, or when the rear overhang of a load measured from the center of the rear axle exceeds one-third of the trailer length including load of a tractor/trailer or truck/trailer combination: One pilot/escort vehicle is required at the rear on two-lane highways.

(e) The trailer length, including load, of a tractor/trailer combination exceeds 125 feet: One pilot/escort vehicle is required at the rear on multilane highways.

(f) The front overhang of a load measured from the center of the front steer axle exceeds 20 feet: One pilot/escort vehicle is required at the front on all two-lane highways.

(g) The rear overhang of a load on a single unit vehicle, measured from the center of the rear axle, exceeds 20 feet: One pilot/escort vehicle is required at the rear on two-lane highways.

(h) The height of the vehicle(s) or load exceeds 14 feet six inches: One pilot/escort vehicle with height measuring device (pole) is required at the front of the movement on all highways.

(i) The vehicle(s) or load exceeds 12 feet in width on a multilane highway and has a height that requires a front pilot/escort vehicle: One rear pilot/escort vehicle is required.

(j) The operator, using rearview mirrors, cannot see 200 feet to the rear of the vehicle or vehicle combination when measured from either side of the edge of the load or last vehicle in the combination, whichever is larger: One pilot/escort vehicle is required at the rear on all highways.

(k) In the opinion of the department, a pilot/escort vehicle(s) is necessary to protect the traveling public. Assignments of this nature must be authorized through the department's administrator for commercial vehicle services.

(2) Can a pilot/escort vehicle be temporarily reassigned a position relative to the load during a move? When road conditions dictate that the use of the pilot/escort vehicle in another position would be more effective, the pilot/escort vehicle may be temporarily reassigned. For example: A pilot/escort vehicle is assigned to the rear of an overlength load on a two-lane highway. The load is about to enter a highway segment that has curves significant enough to cause the vehicle and/or load to encroach on the oncoming lane of traffic. The pilot/escort vehicle may be temporarily reassigned to the front to warn oncoming traffic.

(3) Can a certified flag person ever substitute for a pilot/escort vehicle? In subsection (1)(d) and (e) of this section, the special permit may authorize a riding flag person, in lieu of a pilot/escort vehicle, to provide adequate traffic control for the configuration. The flag person is not required to ride in the pilot/escort vehicle but may ride in the transport vehicle with transporter's authorization.

(4) Must an operator of a pilot/escort vehicle be certified to operate in the state of Washington? Yes. To help assure compliance with the rules of this chapter, consistent basic operating procedures are needed for pilot/escort vehicle operators to properly interact with the escorted vehicle and the surrounding traffic. Operators of pilot/escort vehicles, therefore, must be certified as having received department-approved base level training as a pilot/escort vehicle operator and must comply with the following:

(a) A pilot/escort vehicle operator with a Washington state driver's license must have a valid Washington state pilot/escort vehicle operator certificate/card which must be on the operator's person while performing escort vehicle operator duties.

(b) A pilot/escort vehicle operator with a driver's license from a jurisdiction other than the state of Washington may acquire a Washington state escort vehicle operator certificate/card, or operate with a certification from another jurisdiction approved by the department, subject to the periodic review of the issuing jurisdiction's certification program. A current list of approved programs will be maintained by the department's commercial vehicle services office.

(c) A pilot/escort vehicle operator certification does not exempt a pilot/escort operator from complying with all state laws and requirements of the state in which she/he is traveling.

(d) Every applicant for a state of Washington pilot/escort operator certificate shall attend an eight-hour initial training course or if renewing their certification, may attend a four-hour recertification course. Every applicant must attend a course offered and presented by a business, organization, government entity, or individual approved by the department. At the conclusion of the course, the applicant will be eligible to receive the certification card after successfully completing a written test with at least an 80 percent passing score. State of Washington pilot/escort vehicle operator certification cards must be renewed every three years.

(5) What are the pretrip procedures that must be followed by the operator of a pilot/escort vehicle?

(a) Discuss with the operator of the extra-legal vehicle the aspects of the move including, but not limited to, the vehicle configuration, the route, and the responsibilities that will be assigned or shared.

(b) Prerun the route, if necessary, to verify acceptable clearances.

(c) Review the special permit conditions with the operator of the extra-legal vehicle. When the permit is a single trip extra-legal permit, displaying routing information, the pilot/escort operator(s) must have a copy of the permit, including all special conditions and attachments.

(d) Determine proper position of required pilot/escort vehicles and set procedures to be used among the operators.

(e) Check mandatory equipment, provided in subsections (9) and (10) of this section. Each operator is responsible for his or her own vehicle.

(f) Check two-way communication system to ensure clear communications between the pilot/escort vehicle(s) and the transport vehicle and predetermine the channel to be used.

(g) Acknowledge that nonemergency electronic communication is prohibited except communication between pilot/escort operator(s) and the transport vehicle during movement.

(h) Adjust mirrors, mount signs and turn on lights, provided in subsections (8)(e) and (9)(a) and (b) of this section.

(6) What are the responsibilities of the operator of a pilot/escort vehicle when assigned to be in front of the extra-legal movement? The operator shall:

(a) Provide general warning to oncoming traffic of the presence of the permitted vehicle by use of signs and lights, provided in subsection (9) of this section;

(b) Notify the operator of the extra-legal vehicle, and the operator(s) of any trailing pilot/escort vehicle(s), about any condition that could affect either the safe movement of the extra-legal vehicle or the safety of the traveling public, in sufficient time for the operator of the extra-legal vehicle to take corrective action. Conditions requiring communication include, but are not limited to, road-surface hazards; overhead clearances; obstructions; traffic congestion; pedestrians; etc.;

(c) Provide guidance to the extra-legal vehicle through lane changes, egress from one designated route and access to the next designated route on the approved route itinerary, and around any obstacle;

(d) In the event of traffic buildup behind the extra-legal vehicle, locate a safe place adjacent to the highway where the extra-legal vehicle can make a temporary stop. Notify the operator of the extra-legal vehicle, and the operator(s) of any trailing pilot/escort vehicle(s), in sufficient time for the extra-legal vehicle to move out of the traffic flow into the safe place, allowing the following traffic to pass safely;

(e) In accordance with training, be far enough in front of the extra-legal vehicle to allow time for the extra-legal vehicle to stop or take corrective action as necessary when notified by the front pilot/escort operator. Be far enough in front of the extra-legal vehicle to signal oncoming traffic to stop in a safe and timely manner before entering any narrow structure or otherwise restricted highway where an extra-legal vehicle has entered and must clear before oncoming traffic can enter;

(f) In accordance with training, do not be any farther ahead of the extra-legal vehicle than is reasonably prudent, considering speed of the extra-legal vehicle, other traffic, and highway conditions. Do not exceed a distance between pilot/escort vehicle and extra-legal vehicle that would interfere with maintaining clear two-way radio communication; and

(g) Assist in guidance to a safe place, and/or traffic control, in instances when the extra-legal vehicle becomes disabled.

(7) What are the responsibilities of the operator of a pilot/escort vehicle when assigned to be at the rear of the extra-legal movement? The operator shall:

(a) Provide general warning to traffic approaching from the rear of the extra-legal vehicle ahead by use of signs and lights, provided in subsection (9) of this section;

(b) Notify the operator of the extra-legal vehicle, and the operator(s) of any leading pilot/escort vehicle(s), about any condition that could affect either the safe movement of the extra-legal vehicle or the safety of the traveling public, in sufficient time for the operator of the extra-legal vehicle to take corrective action. Conditions requiring communication include, but are not limited to, objects coming loose from the extra-legal vehicle; flat tires on the extra-legal vehicle; rapidly approaching traffic or vehicles attempting to pass the extra-legal vehicle; etc.;

(c) Notify the operator of the extra-legal vehicle, and/or the operator of the lead pilot/escort vehicle, about traffic buildup or other delays to normal traffic flow resulting from the extra-legal move;

(d) In the event of traffic buildup behind the extra-legal vehicle, notify the operator of the extra-legal vehicle, and the operator(s) of any pilot/escort vehicle(s) in the lead, and assist the extra-legal vehicle in its move out of the traffic flow into the safe place, allowing the following traffic to pass safely;

(e) In accordance with training, be far enough behind the extra-legal vehicle to provide visual warning to approaching traffic to slow or stop in a timely manner, depending upon the action to be taken by the extra-legal vehicle, or the condition of the highway segment (i.e., limited sight distance, mountainous terrain, narrow corridor, etc.);

(f) Do not follow more closely than is reasonably prudent, considering the speed of the extra-legal vehicle, other traffic, and highway conditions. Do not exceed one-half mile distance between the pilot/escort vehicle and the extra-legal vehicle in order to maintain radio communication, except when necessary to safely travel a long narrow section of highway; and

(g) Pilot/escort operators shall not perform tillerman duties while performing escorting duties. For this section, tillerman refers to an individual that operates the steering of the trailer or trailing unit of the transport vehicle; and

(h) Assist in guidance to a safe place, and/or traffic control, in instances when the extra-legal vehicle becomes disabled.

(8) What kind of vehicle can be used as a pilot/escort vehicle? In addition to being in safe and reliable operating condition, the vehicle shall:

(a) Be either a single unit passenger car, including passenger van, or a two-axle truck, including a nonplacarded service truck;

(b) Not exceed a maximum gross vehicle weight or gross weight rating of 16,000 pounds;

(d) Not exceed the legal limits of size and weight, as defined in chapter 46.44 RCW;

(e) Be equipped with outside rear-view mirrors, located on each side of the vehicle; and

(f) Not tow a trailer while escorting.

(9) In addition to equipment required by traffic law, what additional equipment is required on the vehicle when operating as a pilot/escort, and when is it used?

(a) A minimum of one flashing or rotating amber (yellow) light or strobe, positioned above the roof line, visible from a minimum of 500 feet to approaching traffic from the front or rear of the vehicle and visible a full 360 degrees around the pilot/escort vehicle. Light bars, with appropriately colored lights, meeting the visibility minimums are acceptable. Lights must only be activated while escorting an extra-legal vehicle, or when used as traffic warning devices while stopped at the side of the road taking height measurements during the prerunning of a planned route. The vehicle's headlights must also be activated while escorting an extra-legal vehicle.

(b) A sign reading "OVERSIZE LOAD," measuring at least five feet wide, 10 inches high with black lettering at least eight inches high in a one-inch brush stroke on yellow background. The sign shall be mounted over the roof of the vehicle and shall be displayed only while performing as the pilot/escort of an extra-legal load. When the vehicle is not performing as a pilot/escort, the sign must be removed, retracted or otherwise covered.

(c) A two-way radio communications system capable of providing reliable two-way voice communications, at all times, between the operators of the pilot/escort vehicle(s) and the extra-legal vehicle(s).

(d) Nonemergency electronic communications is prohibited except communication between the pilot/escort vehicle(s) and the transport vehicle during movement.

(10) What additional or specialized equipment must be carried in a pilot/escort vehicle?

(a) A standard 18-inch STOP AND SLOW paddle sign.

(b) Three bi-directional emergency reflective triangles.

(d) For daytime and nighttime activities, a high visibility safety garment designed according to Class 2/3 specifications in ANSI/ISEA 107-2004, American National Standard for High Visibility Safety Apparel, to be worn when performing pilot/escort duties outside of the vehicle. The specifications at a minimum will meet the standard in the Manual on Uniform Traffic Control Devices (MUTCD).

(e) A highly visible colored hard hat, also to be worn when performing pilot/escort duties outside of the vehicle, per WAC 296-155-305.

(f) A height-measuring device (pole), which is nonconductive and nondestructive to overhead clearances, when required by the terms of the special permit. The upper portion of a height pole shall be constructed of flexible material to prevent damage to wires, lights, and other overhead objects or structures. The pole may be carried outside of the vehicle when not in use. See also subsection (14) of this section.

(g) First-aid supplies as prescribed in WAC 296-800-15020.

(h) A flashlight in good working order with red nose cone. Additional batteries should also be on hand.

(11) Can the pilot/escort vehicle carry passengers? A pilot/escort vehicle may not contain passengers, human or animal, except that:

(a) A certified individual in training status or necessary flag person may be in the vehicle with the approval of the pilot/escort operator.

(b) A service animal may travel in the pilot/escort vehicle but must be located somewhere other than front seat of vehicle.

(12) Can the pilot/escort vehicle carry any other items, equipment, or load? Yes, as long as the items, equipment or load have been properly secured; provided that, no equipment or load may be carried in or on the pilot/escort vehicle that:

(a) Exceeds the height, length, or width of the pilot/escort vehicle, or overhangs the vehicle, or otherwise impairs its immediate recognition as a pilot/escort vehicle by the traveling public;

(b) Obstructs the view of the flashing or rotating amber lights, or "OVERSIZE LOAD" sign on the vehicle;

(d) Otherwise impairs the performance by the operator or the pilot/escort vehicle of the duties required by these rules.

(13) Can a pilot/escort vehicle escort more than one extra-legal load at the same time? No, unless the department determines there are special circumstances that have resulted in an express authorization on the special permit.

(14) When and how must a pilot/escort vehicle use a height-measuring device? The height-measuring device (pole) must be used when escorting an extra-legal load in excess of 14 feet six inches high, unless an alternative authorization has been granted by the department and stated on the special permit. The height pole must extend between three and six inches above the maximum height of the extra-legal vehicle, or load, to compensate for the affect of wind and motion. The height measuring device (pole) shall be mounted on the front of the lead pilot/escort vehicle. When not in the act of escorting an extra-legal height move, or prerunning a route to determine height acceptance, the height pole shall be removed, tied down or otherwise reduced to legal height.

(15) Do the rules change when a uniformed off-duty law enforcement officer, using official police car or motorcycle, performs the escorting function? While the spirit of the rules remains the same, specific rules may be modified to fit the situation.

(16) Are certified pilot/escort vehicle operators required to have commercial auto insurance? Yes, for hire certified pilot/escort vehicle operators are required to have insurance to conduct the duties associated to this rule:

(a) One hundred thousand dollars for bodily injury to or death of one person in any one accident;

(b) Three hundred thousand dollars for bodily injury to or death of two or more persons in any one accident; and

Satisfactory evidence of the insurance shall be carried at all times by the operator of the pilot vehicle, which evidence shall be displayed upon request by a law enforcement officer.

History

Statutory Authority: RCW 46.44.090 and 46.44.093. WSR 23-06-027, § 468-38-100, filed 2/22/23, effective 3/25/23
WSR 20-21-042, § 468-38-100, filed 10/13/20, effective 11/13/20
WSR 18-13-029, § 468-38-100, filed 6/11/18, effective 7/12/18
WSR 17-11-001, § 468-38-100, filed 5/3/17, effective 6/3/17
WSR 16-11-012, § 468-38-100, filed 5/5/16, effective 6/5/16. Statutory Authority: RCW 46.44.090. WSR 06-07-025, § 468-38-100, filed 3/7/06, effective 4/7/06
WSR 05-04-053, § 468-38-100, filed 1/28/05, effective 2/28/05
WSR 89-23-110 (Order 68), § 468-38-100, filed 11/22/89, effective 12/23/89
WSR 82-18-010 (Order 31, Resolution No. 156), § 468-38-100, filed 8/20/82. Formerly WAC 468-38-180. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-100, filed 12/20/78. Formerly WAC 252-24-100.

Wash. Admin. Code § 468-38-120 Transport of extra-legal manufactured housing.

(1) How many vehicles can be combined in the move of a manufactured home? The vehicle combination is limited to two vehicles, a towing unit, sometimes referred to as a "toter," and the semi-trailer designed housing unit.

(2) What are the dimensional limits of the combination? While the overall combination is not limited by dimension, the following limits are established:

(a) Length: The length of the manufactured housing unit may not exceed seventy-five feet, including the length of the tongue.

(i) The department's administrator for commercial vehicle services, or designee, is authorized to issue permits, on an individual basis, authorizing the transport of a unit when the length exceeds that specified in (a) of this subsection, but the housing unit will not exceed eighty feet in length, including the length of the tongue.

(ii) In issuing permits under this rule, the administrator will determine the following:

(A) The safety of other highway users will not be impaired; and

(B) The adjacent states, through which the manufactured home may be transported, must also authorize the movement.

(b) Width: The width of the manufactured housing unit must not exceed a box (base) width of sixteen feet. The unit may have an eave provided it does not extend beyond either side by:

(i) More than thirty inches for units with a box width less than sixteen feet wide; or

(ii) More than sixteen inches for a unit with a box width of sixteen feet; however, the overall width shall not, under any circumstances, exceed eighteen feet.

(c) Width exemptions: External features, such as doorknobs, window fasteners, eave cap, clearance lights, and load securing devices, that extend no more than two inches on each side of the unit, are exempt from the overall width measurement.

(d) Height: The height of the unit is limited to the actual overhead clearance of the route.

(3) What are the criteria for receiving an annual/monthly special permit versus a single trip special permit?

(a) Annual/monthly permits are issued only to dealers or manufacturers described in chapter 46.70 RCW or licensed transporters described in chapter 46.76 RCW. Use of the annual/monthly permit is restricted to the movement of housing units with a box width not exceeding fourteen feet wide, plus an eave not to exceed twelve inches, and a height not to exceed fifteen feet measured from level ground when in transit mode.

(b) Single trip permits are required when the permit applicant is not a qualified dealer or transporter as described in (a) of this subsection, or when the width of the housing unit box exceeds fourteen feet wide, the overall width exceeds fifteen feet wide, and/or the height exceeds fifteen feet measured from level ground when in transit mode. Housing units that exceed sixteen feet wide and/or sixteen feet high must also comply with the requirements of WAC 468-38-405 Superloads, prior to the issuance of a special permit.

(4) When is it necessary to include a pilot/escort vehicle(s) in the movement of a manufactured house? The requirements for a pilot/escort vehicle escorting a manufactured home are the same as those found in WAC 468-38-100, except that the use of a height measuring device (pole) on the front pilot/escort vehicle is not required until the overall height of the housing unit exceeds fifteen feet. With respect to pilot/escort requirements for height in this section, the term housing unit includes modular homes as defined in RCW 46.04.303. The vehicle or load width referenced in WAC 468-38-100 is to be interpreted as overall width when measuring a manufactured home.

(5) What are the insurance requirements, and what special reporting responsibilities does the transporter have in case of an accident?

(a) Insurance requirements for the movement of a manufactured home are outlined in RCW 46.44.180.

(b) When an incident occurs while transporting a manufactured house under special permit, the transporter must immediately notify the nearest state patrol office if the damage to the manufactured home is greater than two hundred fifty dollars or if the damage to other vehicles or structures exceeds one hundred dollars. The transport of the home must not resume without permission from the state patrol.

(6) What requirements must a manufactured home meet for axles, brakes, tires and other suspension components before it can be transported?

(a) Axles on each housing unit in transport must be in sufficient number to support enough tires to comply with (c)(i) and (ii) of this subsection. Any housing unit exceeding fourteen feet wide must have a minimum of four axles.

(b) Brakes must be designed and installed to activate if the housing unit accidentally breaks away from the towing vehicle. The brakes on all vehicle/housing unit combinations must be capable of complying with the braking performance requirements of RCW 46.37.351. In addition, there must be compliance with the following special installation criteria:

(i) For housing units manufactured prior to June 15, 1976, brake installation must, at a minimum, comply with the following table:

| Width of Unit at Base | Number of Axles Required | Wheels w/ Brakes | | --- | --- | --- | | ˃ 8' 6" but < 10' | 2 or more | All wheels on 2 axles (a towing unit w/minimum. 9,000 GVWR all wheels on 1 axle) | | 10' to 14' (under 60' in length) | 2 or more (3 or more if ˃ 60' long) | All wheels on 2 axles (tires w/minimum 8:00 x 14.5, 10 ply) |

(ii) For all vehicle/housing unit combinations exceeding fourteen feet wide, all wheels on at least three of the axles must be properly equipped with brakes.

(i) Tire loadings on housing units manufactured after January 1, 2002, (labeled pursuant to Code of Federal Regulation, 24 C.F.R. 3282.362 (c)(2)(i)) may not exceed the manufacturer's rating as marked on the sidewall. In the absence of a sidewall marking, the tires on the housing unit must comply with the load rating specified in any of the publications of any organization listed in the Federal Motor Carrier Safety Standard (FMCSS) No. 119 (49 C.F.R. 571.119, S5.1 (b)). Housing units with no verifiable date of manufacture must also not exceed the manufacturer's tire load rating.

(ii) Tire loadings on housing units manufactured before January 1, 2002, (labeled pursuant to 24 C.F.R. 3282.362 (c)(2)(i)) must not exceed more than eighteen percent above the manufacturer's rating as marked on the sidewall. In the absence of a sidewall marking, the tires on the housing unit must not exceed eighteen percent above the load rating specified in any of the publications of any organization listed in the Federal Motor Carrier Safety Standard (FMCSS) No. 119 (49 C.F.R. 571.119, S5.1 (b)). Housing units transported on tires overloaded by nine percent or more must not be moved at speeds exceeding fifty miles per hour (eighty kilometers per hour).

(d) Tow spare tires, inflated and ready for use, must be carried during transport.

(e) The manufacturer's rating must not be exceeded for any wheel, axle, drawbar, hitch, or other suspension device.

(7) Does a tow vehicle (toter) have any special requirements? Yes. The tow vehicle must:

(a) Be equipped with dual wheels on the drive axle.

(b) Have a combined minimum gross axle weight rating, assigned by the manufacturer, of thirty-two thousand pounds, if the housing unit being transported exceeds fourteen feet wide.

(c) Have sufficient engine horsepower to maintain towing speeds of forty-five miles per hour on the interstate and thirty-five miles per hour on other highways.

(8) What unique travel requirements must be complied with? Requirements for signs, lights, unit covering, routes, speed, moving multiple units at the same time and lane of travel are as follows:

(a) Signs for the towing unit and housing unit must comply with WAC 468-38-155(7). The sign for the housing unit must be mounted on the rear of the unit, on a horizontal plane, between five and seven feet above the road surface.

(b) In addition to any other lighting requirements in law or rule, two six-inch flashing amber lights, with a minimum of thirty-five candle power, a flashing cycle of sixty to one hundred twenty times per minute during transit, must be mounted on the rear of the housing unit, on a horizontal plane, at least ten feet above the road surface. An additional two lights, of the same specifications, must be mounted above the roofline of the towing vehicle, either on the towing vehicle roof or the front of the housing unit. The two lights at each location, front and rear, must be located as close to the outside extremities of the housing unit as practical.

(c) Coverings of open sides may be with a rigid material such as plywood or hardboard, or a sufficiently strong ply plastic. When plastic is used, a grillwork of lumber or similar material must be applied to prevent tears and/or billowing of the material.

(d) Routes of travel with restrictions must be strictly adhered to. Housing units in transport mode that exceed sixteen feet high or sixteen feet wide must be approved for travel on a case-by-case basis, as per WAC 468-38-405, Superloads. Dealers selling extra-legal manufactured homes must advise the prospective purchaser in writing that not all state highways are approved for the transport of manufactured homes in excess of twelve feet wide.

(e) Speed of the in-transit housing unit is governed by WAC 468-38-175(5).

(f) Multiple housing units moving together must comply with WAC 468-38-175(6), Moves in convoy.

(g) The right-hand lane must be used for travel, except when passing or avoiding an obstruction. On two-lane highways, housing units must not pass other vehicles except when required to pass a slow moving vehicle that is hindering safe traffic flow.

(9) Is a decal from the county treasurer required before a manufactured home can be transported? Yes, except as provided for in RCW 46.44.170 (2)(a) and (b), a decal issued by the county treasurer must be displayed on the rear of the manufactured home during transport on public highways of this state. If the manufactured home is being transported as multiple units (double-wide or more), an individual decal must be displayed on each unit being transported.

(10) How is the county treasurer decal issued? The decal is issued at the same time the county treasurer issues the tax certificate that shows all taxes have been paid to date.

(11) RCW 46.44.170 requires the department to design the decal for uniform implementation. What are the design specifications? The decal must:

(a) Be at least eight and one-half inches square.

(b) Be printed on Appleton Radiant Fluorescent Bristol (weight .010) or paper of comparable quality.

(d) Disclose the make, model and serial number of the manufactured home, the date issued, the name of the transporter, the transporter's WUTC permit number ID required, the department of transportation special motor vehicle permit number, and the name of the county issuing the decal.

(e) Clearly display the expiration date of the decal, which must not be more than fifteen days after the date issued.

(12) Can decals be transferred to other housing units? Under no circumstance can the decal be transferred.

(13) What other vehicles are treated like manufactured housing for permitting purposes? Any enclosed structure built on a manufactured housing type chassis with its own axles must comply with the provisions of this section to receive an overlegal permit, including, but not limited to: Portable construction offices, portable classrooms, and "park-model" trailers.

History

Statutory Authority: RCW 46.44.090. WSR 16-11-010, § 468-38-120, filed 5/5/16, effective 6/5/16. Statutory Authority: RCW 46.44.090 and 46.44.093. WSR 12-18-007, § 468-38-120, filed 8/23/12, effective 9/23/12. Statutory Authority: RCW 46.44.090. WSR 06-07-025, § 468-38-120, filed 3/7/06, effective 4/7/06
WSR 05-04-053, § 468-38-120, filed 1/28/05, effective 2/28/05. Statutory Authority: RCW 46.44.090 and 46.44.170. WSR 02-17-004, § 468-38-120, filed 8/8/02, effective 9/8/02. Statutory Authority: RCW 46.44.090. WSR 98-16-087 (Order 180), § 468-38-120, filed 8/5/98, effective 9/5/98
WSR 96-18-053, § 468-38-120, filed 8/30/96, effective 9/30/96
WSR 95-24-073, § 468-38-120, filed 12/4/95, effective 1/4/96
WSR 87-20-040 (Order 62, Resolution No. 307), § 468-38-120, filed 10/1/87
WSR 86-21-115 (Order 58, Resolution No. 286), § 468-38-120, filed 10/21/86. Statutory Authority: RCW 46.44.170. WSR 85-22-003 (Order 51, Resolution No. 254), § 468-38-120, filed 10/24/85. Statutory Authority: RCW 46.44.090. WSR 83-16-018 (Order 39, Resolution No. 195), § 468-38-120, filed 7/25/83
WSR 82-18-010 (Order 31, Resolution No. 156), § 468-38-120, filed 8/20/82. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-120, filed 12/20/78. Formerly WAC 252-24-150.

Wash. Admin. Code § 468-38-155 Safety equipment for special permit moves.

In addition to any codified vehicle safety requirements, what other safety equipment may be required on a special permit move? The following items may be required on a vehicle or vehicle combination making a move under special permit:

(1) Brakes.

(a) Braking equipment must comply with the performance and maintenance requirements of RCW 46.37.360, unless specifically stated on the special permit.

(b) A special permit will not be issued to a vehicle "in tow" of another vehicle without brakes unless a three-axle truck or truck-tractor with a minimum unladen weight of fifteen thousand pounds is employed as the power unit. The power unit must also have sufficient power and brakes to control the towed unit at all times.

(2) Drawbar—Towline.

(a) The drawbar or other connection between vehicles in combination must be of sufficient strength to hold the weight of the towed vehicle on any grade where operated.

(b) No trailing unit shall whip, weave, or oscillate or fail to follow substantially in the course of the towing vehicle.

(3) Flags.

(a) Flags must be displayed on all four corners of all overwidth loads, and at the extreme ends of all protrusions, projections, or overhangs as required by RCW 46.37.140. During hours of darkness, lights as required by RCW 46.37.140 shall be located at each point where flags are required.

(b) When the distance between the towed vehicle and the towing vehicle exceeds fifteen feet, a white flag or cloth not less than eighteen inches square must be fastened at the approximate middle of the span.

(4) Lights. Vehicles, whether factory direct or custom built, used in the transport of extra-legal loads must be equipped with brake lights and turn signals as required by RCW 46.37.200.

(5) Two-way communications. When pilot/escort vehicle(s) are required, the transport vehicle must be equipped with a two-way radio communications system capable of providing reliable two-way voice communications at all times between the operators of the pilot/escort vehicle(s) and the transport vehicle.

(6) Rear-view mirrors.

(a) Rear-view mirrors must be mounted in compliance with RCW 46.37.400.

(b) Pilot/escort vehicles may be used in lieu of the two hundred-foot rear sight/distance requirement in RCW 46.37.400.

(7) Safety chains and devices.

(a) A load being moved by special permit must be securely fastened and protected by safety chains or other load securing devices pursuant to Code of Federal Regulation, 49 C.F.R. Part 393.100.

(b) Dragging of the load on the highway shall not be permitted.

(c) A vehicle with a boom or other aerial device attached must have the boom or device secured in such a manner that it cannot elevate (ratchet up) or sway during transport.

(8) Signs.

(a) Warning signs displaying "OVERSIZE LOAD" shall be mounted in the front and rear of the transporting vehicle where the lights and license plate(s) are not blocked and the sign is visible from the front and rear of the transport vehicle.

(b) Signs are to be displayed only during transit of an over dimensional load and must be removed or retracted at all other times.

(c) An "OVERSIZE LOAD" sign must be at least seven feet wide and eighteen inches high with black lettering at least ten inches high in with a brush stroke between 1.4 and 1.5 inches on yellow background.

History

Statutory Authority: RCW 46.44.090 and 46.44.093. WSR 16-11-012, § 468-38-155, filed 5/5/16, effective 6/5/16. Statutory Authority: RCW 46.44.090. WSR 05-04-053, § 468-38-155, filed 1/28/05, effective 2/28/05.

Wash. Admin. Code § 468-38-175 Highway travel restrictions—Days, times and highway use.

What restrictions are imposed on vehicles operating under special permit relative to days, times and use of the highway? Day, time and highway use are divided into the following categories:

(1) Days when travel is restricted: Vehicles operating under special permit for overweight/overdimensional, except as provided for in WAC 468-38-075, may be restricted from the state highways on the holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day after Thanksgiving, Christmas Day, and commencing at noon of the day preceding said holidays.

(2) Commuter traffic restrictions: Vehicles operating under special permit for overweight/overdimensional, except as provided for in WAC 468-38-075, may be restricted from specified sections of state highways having excessive volumes of traffic during morning and afternoon commuting hours. The department shall identify and publish on the internet, and as an addendum to the special permit, specific areas, hours and vehicle widths relating to the restrictions.

(3) Nighttime travel: Vehicles or combinations operating under a special permit for overweight/overdimensional may be permitted to move at night on state highways subject to department preferred hours and routes of travel. "Night movement approved" must be stated on the permit, except as provided for in WAC 468-38-075. Overdimensional moves authorized to move at night must have lighting equipment that complies with the Code of Federal Regulation, 49 C.F.R., Part 393.11. No movements shall be made when visibility is reduced to five hundred feet or when hazardous roadway conditions exist (including, but not limited to: Snow, ice, mudslide, wind or water flooding over roadway). It is the responsibility of the vehicle operator to discontinue the move and exit the highway to a safe location when any of the above conditions exist.

(4) Reversible lane use: Trucks carrying flammable liquid cargoes, as described in chapter 470-12 WAC, are restricted from using the reversible lanes on SR 5, Seattle freeway, between James Street and 110th Street N.E. The term flammable liquid as applied to this rule shall be as defined in RCW 46.04.187. This rule applies to all vehicles, whether operating under special permit or not.

(5) Speed limits: Speed of travel must comply with the following:

(a) Unless otherwise stated, maximum speed for a vehicle(s) under special permit shall be the same speed limit posted for trucks.

(b) When travel on the roadway shoulder is required on a two-lane highway to allow overtaking traffic to pass, the speed must not exceed twenty-five miles per hour.

(c) If a speed limit is stated on the special permit, it becomes one of the conditions under which the permit was issued. This stated speed must not be exceeded; however, if a lower speed is posted, it shall take precedence. Violation of the speed limit stated on the permit shall render the permit null and void.

(6) Moves in convoy: Extra-legal vehicles or loads requiring pilot/escort accompaniment must not travel in convoy, unless specifically authorized to do so by the department, or as provided for in WAC 468-38-290 (8)(e).

History

Statutory Authority: RCW 46.44.090. WSR 06-07-025, § 468-38-175, filed 3/7/06, effective 4/7/06
WSR 05-04-053, § 468-38-175, filed 1/28/05, effective 2/28/05.

Wash. Admin. Code § 468-38-265 Tow trucks—Permitting for oversize/overweight.

(1) What classes of tow trucks are eligible for special permits?

Special permits may be issued to Class B and Class C tow trucks, including Class E tow trucks with either a Class B or Class C rating.

(2) What is the duration of a special permit issued to tow trucks?

The special permit issued specifically to tow trucks is an annual permit from date of purchase.

(3) Are there size and weight limitations and/or requirements to the special permit for tow trucks?

Permit limits and/or requirements are categorized as follows:

(a) Weight of tow truck: Maximum weights for tow trucks are as follows:

(i) All classes of tow trucks must conform to RCW 46.44.041 when towing a disabled unit by draw bar or tow chain method.

(ii) When any portion of the weight of the disabled unit rests upon a Class B, C or E (with B or C rating) tow truck; the weight must not exceed:

(A) Six hundred pounds per inch width of tire up to twenty-two thousand pounds per single axle; or

(B) Forty-three thousand pounds per tandem axle set; or

(iii) The tow truck steer axle must carry sufficient weight to maintain safe operation.

(iv) A Class B tow truck steer axle must carry a minimum of three thousand pounds at all times.

(v) A Class C tow vehicle steer axle must carry a minimum of three thousand five hundred pounds at all times.

(vi) A Class E tow truck with B or C rating must meet the requirement for minimum steer axle load for the rating.

(vii) The special permit does not allow a tow truck to exceed legal weight limits when not in tow or haul status.

(b) Weight of disabled unit: Maximum weight for disabled units towed under an annual special permit are as follows:

(i) When being towed by a Class B, C or E (with B or C rating) tow truck, using a draw bar or tow chain method, the weight of the disabled unit must conform with weight limits in RCW 46.44.041, or to the limits of any special permit issued to the disabled unit.

(ii) When a Class B, C or E (with B or C rating) tow truck carries a portion of the weight of the disabled unit, the first load bearing axle(s) of the disabled unit must not exceed:

(A) Six hundred pounds per inch width of tire;

(B) Twenty-two thousand pounds per single axle;

(D) Weight limits for axle groups per formula in RCW 46.44.091.

(iii) A load recovery vehicle configured as a truck-tractor/semi-trailer, or solo vehicle may carry either a divisible or nondivisible load. The recovery vehicle is limited to weight limits in RCW 46.44.041 when carrying divisible loads, or to the weight limits in (a)(ii) of this subsection when carrying nondivisible loads. The recovery vehicle must be rated as either a Class B or Class C tow truck in order to be issued the annual special permit.

(c) Height and width: No disabled unit, including load, shall exceed fourteen feet in height or eight feet six inches in width, except:

(i) When the disabled unit is authorized under a special permit allowing a greater height or width. The allowances granted under the special permit shall apply only to the route identified on the special permit; or

(ii) Where an accident or collision has caused a disfigurement of the disabled unit resulting in a width greater than eight feet six inches, but not exceeding ten feet in width. In this event, during daylight hours the disabled unit must be flagged per WAC 468-38-155, and during the hours of darkness the extreme width must have clearance lights that comply with the requirements of Code of Federal Regulation, 49 C.F.R. 393.11.

(iii) Rear view mirrors may exceed the width authorized in the special permit to a point that allows the driver a view to the rear along both sides of the vehicle(s) in conformance with Federal National Safety Standard 111 (49 C.F.R. 571.111).

(d) Length: All classes of single unit tow vehicles may not exceed forty feet in length. The length of the disabled unit shall not exceed the length for such vehicle established in statute or as allowed by a special permit issued to the disabled unit. The towing of a vehicle combination (i.e., tractor/trailer or truck/trailer) is not authorized, except during an emergent situation when directed by the state patrol or the department to remove the disabled combination to the nearest safe location off the highway.

(e) Restrictions and postings: An annual special permit must not be used to exceed published road and bridge restrictions, or posted bridges. Restrictions and postings should be reviewed online daily for changes, each permit will contain this instruction. It is the operator's responsibility to remain current with bridge restriction and posting information.

(f) Exceptions: Exceptions to the rules provided in this section will be handled on an individual basis by separate special permit, after the disabled unit has been moved to the nearest safe location.

(4) Is there ever a time when a Class A or D tow truck is authorized to exceed legal weight?

Class A and D tow trucks are not eligible for special permits. In an emergent situation, when no other class of truck is available, either class truck may make or assist in making short moves, at the direction of the state patrol or the department, to the nearest safe location off the highway.

(5) What constitutes an emergent situation?

An emergent situation, for purposes of this section, is defined as a disabled vehicle on any public highway, including shoulders and access ramps.

(6) Is there ever a time when a heavy duty tow truck can move in combination exceeding legal weights without a permit?

When a heavy duty tow truck weighs the same or greater than the disabled vehicle, a permit is not required to move the disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility. The operator shall check the restrictions on WSDOT's commercial vehicle website prior to each movement. The load bearing axle(s) of the combination shall not exceed:

(a) Six hundred pounds per inch width of tire;

(b) Twenty-two thousand pounds per single axle;

(d) Weight limits for axle groups per formula in RCW 46.44.091; and

(e) Posted limits and restrictions listed on WSDOT's commercial vehicle services website on the route traveled.

History

Statutory Authority: RCW 46.44.090, 46.44.0941. WSR 17-04-023, § 468-38-265, filed 1/23/17, effective 2/23/17
WSR 04-16-060, § 468-38-265, filed 7/30/04, effective 8/30/04. Statutory Authority: RCW 46.44.090 and 46.44.015. WSR 03-19-026, § 468-38-265, filed 9/8/03, effective 10/9/03. Statutory Authority: RCW 46.44.090. WSR 95-24-074, § 468-38-265, filed 12/4/95, effective 1/4/96.

Wash. Admin. Code § 468-38-270 Specialized equipment.

(1) Why are certain vehicles designated as specialized equipment? Certain vehicles are designed and built for very unique functions other than transporting persons. The federal highway administration classifies and references some of these vehicles as specialized equipment in Title 23 C.F.R. Part 658.13(e) and sets minimum and/or maximum parameters for the vehicle to operate. The department adopted these specialized classifications and accepted or further defined the legal parameters for operation on state highways. In addition to federal rule, the department has also recognized certain specially designed vehicles that, by necessity, exceed one or more of the vehicle size and weight parameters in chapter 46.44 RCW. The department has also classified these over-legal vehicles as specialized equipment in order to authorize their movement on state highways, using a special motor vehicle permit, and provide a consistent administrative and enforcement treatment. All vehicles exceeding legal requirements are subject to the requirements of this section and the requirements of chapter 46.44 RCW.

(2) What vehicle types are classified by Title 23 Code of Federal Regulations (C.F.R.) 658.13(e) as specialized equipment, including size limits, and authorized to operate on the state highways without a special permit? Listed in alphabetical order:

Automobile transporter: To be considered an automobile transporter, the power unit and the trailing unit must be modified to carry assembled automobiles. If the combination consists of a truck and stinger-steered trailing unit, the overall dimension for length must not exceed eighty feet, plus a front overhang of four feet and rear overhang of six feet. If the combination consists of a tractor and semi-trailer (traditional high mount), overall dimension for length will not exceed sixty-five feet, plus three-foot front overhang and four-foot rear overhang.

• The conventional and stinger steered automobile transporter is authorized to haul general freight on a backhaul. Backhaul for this section means a return trip back over all or part of the same route.

Boat transporter: See automobile transporter.

Driveaway saddlemount vehicles: A combination consisting of a maximum of four trucks or truck tractors used in driveaway service where three of the vehicles are towed by the fourth in triple saddlemount position. The overall dimension for the length of the saddlemount combination will not exceed ninety-seven feet. Such combinations may include all axles of one vehicle loaded upon another, known as a fullmount.

Munitions carriers with dromedary equipment: A truck tractor equipped with a dromedary unit operating in combination with a semi-trailer transporting Class 1 explosives and/or any munitions related security material, as specified by the U.S. Department of Defense in compliance with 49 C.F.R. 177.835, overall dimension for length not to exceed seventy-five feet.

(3) What other vehicle types does the department recognize as specialized equipment for the purpose of oversize and overweight permitting? The following specialized equipment, including size and weight parameters, can operate with special permit. Listed in alphabetical order:

Concrete pumper trucks: As a single unit fixed load vehicle, may exceed the legal weight limits in RCW 46.44.041 and 46.44.042 with a special motor vehicle permit, but must comply with the requirements in RCW 46.44.091. Tire loading for the movement is limited to the lesser of six hundred pounds per inch width of tire or the tire manufacturer's rating with proper inflation, as determined by the nomenclature imprinted on the tire. Pumper hose extensions and a volume of water to flush the system, when the pumping process is complete.

Construction equipment: Equipment used primarily for off-road heavy construction activity may be permitted for use on designated highway segments identified in RCW 46.16.010 (5)(h)(i)(B) and (C) and must comply with the weight limits in RCW 46.44.091. Equipment may operate without permit on highway segments designated as part of the construction zone.

Cranes: As a single unit fixed load vehicle, may exceed the legal weight limits in RCW 46.44.041 and 46.44.042 with a special motor vehicle permit but must comply with the requirements in RCW 46.44.091. Tire loading for the movement is limited to the lesser of six hundred pounds per inch width of tire or the tire manufacturer's rating with proper inflation, as determined by the nomenclature imprinted on the tire. Cranes may be permitted with standard working components that are included within the rated capacity of the crane. A boom trailer or boom dolly will be permitted only when the boom is attached to the crane upper works, for the purpose of transferring load to meet weight requirements. A crane may be permitted with counterweights, outrigger assemblies, load block, hook and cable tension ball assembly also loaded on the boom trailer or boom dolly, as long as those components are included in the rated capacity of the crane and do not cause the vehicle to exceed permitted weight limits.

Well drilling trucks: As a single unit fixed load vehicle, may exceed the legal weight limits in RCW 46.44.041 and 46.44.042 with a special motor vehicle permit but must comply with the requirements in RCW 46.44.091. Tire loading for the movement is limited to the lesser of six hundred pounds per inch width of tire or the tire manufacturer's rating with proper inflation, as determined by the nomenclature imprinted on the tire. The vehicle may carry drill extensions as part of the fixed load.

(4) Can specialized equipment tow a licensed vehicle used for commute purposes? A specialized self-propelled single unit vehicle registered as a fixed load, operating under a fixed load permit, and/or cranes operating under an oversize/overweight permit (exclusive of boom dollies or trailers), may be permitted to tow a vehicle with a gross vehicle weight rating not to exceed eight thousand pounds. The overall length of the combination must not exceed seventy-five feet. The towed vehicle must be used for the sole purpose of commuting to and from the job site where the specialized equipment is in service.

(5) Does a specialized vehicle operating under an overweight or fixed load permit receive any exemption from weight postings or weight restrictions placed on highway infrastructure? No. Specialized mobile equipment must not cross load-restricted infrastructure when the equipment, either as a result of gross weight, axle weight or tire loadings, exceeds the stated capacity of the posting or restriction. However, exemptions to specific requirements, in WAC 468-38-075, may apply to specific fixed loads as identified in WAC 468-38-075.

History

Statutory Authority: RCW 46.44.090 and 46.44.093. WSR 16-21-093, § 468-38-270, filed 10/19/16, effective 11/19/16. Statutory Authority: RCW 46.44.090, 46.44.0915, and 46.44.101. WSR 11-17-130, § 468-38-270, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 46.44.090 and 2005 c 189. WSR 05-12-001, § 468-38-270, filed 5/18/05, effective 6/18/05. Statutory Authority: RCW 46.44.090. WSR 82-18-010 (Order 31, Resolution No. 156), § 468-38-270, filed 8/20/82. Formerly WAC 468-38-380. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-270, filed 12/20/78. Formerly WAC 252-24-336.

Wash. Admin. Code § 468-38-280 Retractable axles.

(1) What criteria must a retractable axle meet in order to carry the weight provided in RCW 46.44.041? The retractable axle must meet three criteria:

(a) The retractable axle must have a manufacturer's rating of at least eight thousand pounds. The weight carried on the axle must not exceed the design load capacity as indicated by an attached data plate or written certification from the vendor/manufacturer; and

(b) The weight carried per tire must not exceed the lesser of manufacturer's rating or five hundred pounds (six hundred when operating under a special permit for overweight) per inch width of tire as described in RCW 46.44.042; and

(2) Are there restrictions on the location of the operating controls for the retractable axle? Yes. The simple "up/down" control may be in the driver's compartment; however, any variable control used to adjust axle loadings, by regulating air pressure or other means, must not be within reach of the driver's compartment.

(3) Are there any exceptions to the self-steering requirement? Yes. The self-steering requirement does not apply when:

(a) The retractable axle, equipped with four tires, is used for the purpose of weight distribution on a truck or truck-tractor and gives the appearance of, but does not function as, a tandem axle drive configuration. The distance between the drive axle and the retractable axle must not exceed sixty inches.

(b) A retractable axle is used adjacent to a fixed axle on a trailing unit and distance between the two axles does not exceed sixty inches.

History

Statutory Authority: RCW 46.44.090. WSR 06-07-025, § 468-38-280, filed 3/7/06, effective 4/7/06
WSR 05-04-053, § 468-38-280, filed 1/28/05, effective 2/28/05
WSR 95-24-075, § 468-38-280, filed 12/4/95, effective 1/4/96
WSR 93-19-056 (Order 138), § 468-38-280, filed 9/10/93, effective 10/11/93
WSR 85-22-002 (Order 50, Resolution No. 253), § 468-38-280, filed 10/24/85
WSR 82-18-010 (Order 31, Resolution No. 156), § 468-38-280, filed 8/20/82. Formerly WAC 468-38-390. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-280, filed 12/20/78. Formerly WAC 252-24-339.

Wash. Admin. Code § 468-38-290 Farm implements.

(1) For purposes of issuing special farm implement permits and certain permit exemptions, what is considered a farm implement? A farm implement includes any device that directly affects the production of agricultural products, including fertilizer and chemical applicator apparatus (complete with auxiliary equipment). For purposes of this section, the implement must be nondivisible, weigh less than sixty-five thousand pounds, and comply with the requirements of RCW 46.44.091. The implement must be less than twenty feet in width and not exceed sixteen feet in height. However, for purposes of this section, farm implements must not exceed fourteen feet in height in the counties of Whatcom, Skagit, Island, Snohomish, and King. If the implement is self-propelled, it must not exceed forty feet in length, or seventy feet overall length if being towed. The implement must move on pneumatic tires, or solid rubber tracks that will not damage public highways with parts that extend beyond the tracks. Implements exceeding any of these criteria must meet all requirements for special permits as referenced in other sections in this chapter and chapter 46.44 RCW.

(2) What dimensional criteria requires a special permit to move extra-legal farm implements? Self-propelled farm implements, including a farm tractor pulling no more than two implements, that exceed fourteen feet in height or sixteen feet in width, but less than twenty feet in width, are required to get a special permit for movement of farm implements on state highways. Note: A tow vehicle capable of carrying a load (i.e., a truck of any kind) may not tow more than one trailing implement.

(3) Will the opportunity to purchase a special permit to move oversize farm implements be affected if the implement(s) is carried on another vehicle? The opportunity to purchase a special permit for farm implements as defined in subsection (1) of this section will not be affected unless one of the following circumstances occurs:

(a) The authorized users of the permit outlined in subsection (5) of this section use a commercial for-hire service to move the implement(s); or

(b) The loaded farm implement creates a combined height that exceeds sixteen feet; or

(c) The loaded farm implement causes the hauling vehicle to exceed legal weight limits. The farm implement weight may exceed sixty-five thousand pounds when carried on another vehicle; however, the combined gross weight of the hauling unit carrying the implement may not exceed the legal weight limits established in RCW 46.44.041 Maximum gross weights—Wheelbase and axle factors.

If any of these circumstances occur, the provisions of this subsection will not apply to the movement of the farm implement. The movement will be required to comply with the requirements for special permits as provided in chapter 46.44 RCW and in other sections in this chapter.

(4) How does the special permit farm implement application process differ from the special permit process outlined in WAC 468-38-050? Due to the size of the implement and the potential for use in multiple jurisdictions, the written application must be submitted to the department's Olympia office for approval. Permits can be requested for three-month periods up to one year. Once approved, a special permit may be generated from the Olympia office by facsimile or a letter of authorization will be sent authorizing the applicant to acquire a special permit at the nearest permit sales location. If the movement of the farm implement(s) is confined to a single department maintenance area, the applicant may make direct written application to that maintenance area office in lieu of the Olympia office.

(5) Who is authorized to purchase a farm implement special permit? The purchase and use of a special permit to move farm implements is restricted to a farmer, or anyone engaged in the business of selling, repairing and/or maintaining farm implements.

(6) Will the special permit restrict the movement to a specific area? The special permit to move farm implements is generally restricted to six contiguous counties or less. With proper justification, the area can be expanded. Farm implements may only travel on highway structures that are designed to support the weight of the farm implement.

(7) Is department notification required before moving implement(s)? Affected department maintenance areas must be notified at least eight (8) hours in advance of implement(s) movements in excess of sixteen feet wide. Movements of implements that exceed the legal weight limit established in RCW 46.44.041 must contact all affected department maintenance areas at least eight hours in advance for weight restriction information. The notification is for the purpose of ensuring that there will not be any planned activity or weight restrictions that would restrict the move. Locations of department maintenance area offices and phone listings are provided with each letter authorizing the purchase of the farm implement special permit.

(8) What safety precautions must be taken when moving extra-legal farm implement(s)? The movement of extra-legal farm implements must comply with the safety requirements following:

(a) Oversize load signs: If the farm implement exceeds ten feet in width or exceeds fourteen feet in height from the road surface, it must display an "oversize load" sign(s) visible to both oncoming traffic and overtaking traffic. Signs must comply with the requirements of WAC 468-38-155(7). If the implement is both preceded and followed by pilot/escort vehicles, a sign is not required on the implement itself.

(b) Curfew/commuter hours: Movement of a farm implement in excess of ten feet wide or fourteen feet in height must comply with any published curfew or commuter hour restrictions, which are an attachment to the farm implement special permit.

(c) Red flags: If the farm implement is moving during daylight hours, and exceeds ten feet in width, the vehicle configuration must display clean, bright red flags. The red flags must measure at least eighteen inches square and be able to wave freely. The red flags are to be positioned at all four corners, or extremities, of the overwidth implement and at the extreme ends of all protrusions, projections or overhangs. If a transported implement overhangs the rear of a transporting vehicle or vehicle combination by more than four feet, one red flag is required at the extreme rear. If the width of the rear overhang or protrusion exceeds two feet, two red flags must be positioned at the rear to show the maximum width of the overhang or protrusion.

(d) Warning lights and slow moving emblem: Lamps and other lighting must be in compliance with RCW 46.37.160. In addition to lighting requirements, RCW 46.37.160 requires the use of a "slow moving emblem" for moves traveling at twenty-five miles per hour or less.

(e) Convoys: Convoys, the simultaneous movement of two or more individually transported implements, are authorized when the criteria are met following:

(i) A minimum of five hundred feet is maintained between vehicles to allow the traveling public to safely pass;

(ii) If five or more vehicles are lined up behind any one of the convoy implements, the operator must pull off the road at the nearest point wide enough to accommodate the implement(s) and to allow the vehicles to safely pass; and

(iii) The convoy is preceded and followed with properly equipped pilot/escort vehicles.

(9) Are there any unique requirements or exemptions regarding the use of farm implement(s) pilot/escort vehicles? Pilot/escort vehicles must comply with the requirements of WAC 468-38-100, except for the specific exemptions related only to special permits for moving farm implement(s) following:

(a) A farmer, farm implement dealer, or agri-chemical dealer (including employees of each) is exempt from WAC 468-38-100(4) regarding operator certification, WAC 468-38-100 (8)(a) and (b) regarding pilot/escort vehicle physical description, WAC 468-38-100 (10)(f) regarding use of height measuring device when the implement does not exceed fifteen feet in height measured from the road surface, and WAC 468-38-100(11) regarding passengers, when moving a farm implement off the interstate and to the interstate segments following:

(i) I-90 between Exit 109 (Ellensburg) and Exit 270 (Four Lakes);

(ii) I-82 between Junction with I-90 (Ellensburg) and Exit 31 (Yakima);

(iii) I-82 between Exit 37 (Union Gap) and Washington/Oregon border;

(iv) I-182 between Junction with I-82 (West Richland) and Junction with SR-395; or

(v) I-5 between Exit 208 (Arlington) and Exit 250 (south of Bellingham).

(b) On two lane highways, one pilot/escort vehicle must precede and one must follow the implement(s) when the width exceeds twelve feet six inches. Implements up to twelve feet six inches wide are exempt from using pilot/escort vehicles.

(c) On all highways, one pilot/escort vehicle equipped with a height measuring device in compliance with WAC 468-38-100 (10)(f) and (14) must precede the farm implement when the height of the farm implement exceeds fifteen feet measured from the road surface. Movements within a sixty mile radius from the place where the implement(s) is principally used or garaged are exempt from this requirement.

(d) A flag person(s) may be used in lieu of a pilot/escort vehicle for moves under five hundred yards. This allowance must be stated on any farm implement special permit that may be required for the move.

(e) Posting a route may also be used in lieu of a pilot/escort vehicle(s) when the route is less than two miles. Signs must state, "oversize vehicle moving ahead" on a background square at least three feet on each side (in diamond configuration), with black lettering on orange background. The signs must be placed at points before the oversize implement enters or leaves the highway, and at access points along the way. Signs must be immediately removed after the move has been completed.

History

Statutory Authority: RCW 46.44.140. WSR 11-13-074, § 468-38-290, filed 6/15/11, effective 7/16/11. Statutory Authority: RCW 46.44.090 and 46.44.0915. WSR 08-13-042, § 468-38-290, filed 6/12/08, effective 6/12/08. Statutory Authority: RCW 46.44.090. WSR 06-07-025, § 468-38-290, filed 3/7/06, effective 4/7/06
WSR 05-04-053, § 468-38-290, filed 1/28/05, effective 2/28/05
WSR 00-17-060, § 468-38-290, filed 8/9/00, effective 9/9/00
WSR 00-11-038 (Order 199), § 468-38-290, filed 5/10/00, effective 6/10/00
WSR 99-18-019 (Order 192), § 468-38-290, filed 8/23/99, effective 9/23/99
WSR 85-11-062 (Order 46, Resolution No. 243), § 468-38-290, filed 5/20/85
WSR 83-16-018 (Order 39, Resolution No. 195), § 468-38-290, filed 7/25/83
WSR 82-18-010 (Order 31, Resolution No. 156), § 468-38-290, filed 8/20/82. Formerly WAC 468-38-460. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-290, filed 12/20/78. Formerly WAC 252-24-342.

Wash. Admin. Code § 468-38-360 Building/house moves.

(1) Are there special requirements for the movement of a house/building that is not defined as a manufactured house or modular building? The department's regional administrator, or designee, must approve an application for movement of buildings or houses exceeding sixteen feet wide on two lane roads, or twenty feet on multilane roads with a median barrier.

(2) Is there a limit to the distance a building/house can move? A building/house that exceeds the dimensions in subsection (1) of this section is limited to a distance of five miles. Additional consecutive five-mile permits will not be issued to exceed the five-mile limitation. The regional administrator, or designee, may grant an exemption if the special permit applicant can justify the move as in the public interest or as the avoidance of extreme hardship. Justification will generally require independent documented evidence, to include, but not be limited to:

(a) Cost, equity and sales data;

(b) Historic significance;

(d) National defense.

(3) How much lead-time is necessary to have an application for special permit reviewed? The application (DOT Form 720-028) must be completed and submitted to the regional office at least ten working days before the proposed move.

(4) If the weight of the building meets the criteria for a superload (WAC 468-38-405), does the superload lead-time requirement apply? Yes. Generally loads of two hundred thousand pounds or more require review and analysis by the department's bridge condition office and the pavements office, both located in the Olympia area. Per RCW 46.44.091, a written application must be submitted at least thirty calendar days in advance of the proposed move to accommodate the review and analysis process.

(5) What information must be included on the application? The application must show at a minimum:

(a) Name, address and contact phone number of the owner;

(b) Name, address and contact phone number of the mover, if different than the owner;

(d) Physical description of the structure, including estimated weight and dimensions;

(e) Arrangements for moving overhead obstacles;

(f) Number and configuration of hauling vehicles (tow unit, dollies, etc.); and

(g) Any additional requirements outlined in this section.

(6) Will inspections be performed prior to the move? When deemed necessary, a department employee will make a visual inspection of the structure, hauling vehicles, and proposed route. The owner will provide equipment necessary for the inspection, such as a ladder, on-site. The inspection must, at a minimum:

(a) Verify dimensions of the structure, including all appurtenances, i.e., porches, eaves, etc., that could not be removed without affecting the structural integrity;

(b) Check for appropriate strapping for brick or other masonry;

(c) Verify all overhead obstacles, including traffic signals, wires, and/or mast arms have been identified and approved for movement by the region traffic engineer;

(d) Insure all dollies are not equipped with hard rubber or solid cushion rubber tires;

(e) Verify tow vehicles (a back-up vehicle may be required) have a valid certificate of inspection from the state patrol; and

(f) Determine if state forces will be required to participate in the move (state force work will be estimated and paid in advance with a billing/refund adjustment made after the move is completed).

(7) What is the maximum speed of travel for a building/house move governed by this section? The maximum speed must not exceed twenty-five miles per hour.

(8) Is there a limit to the amount of time traffic can be delayed? Time allotted for traffic delays will be at department discretion, but must not exceed five minutes.

(9) Is there consideration for emergency vehicles? Reasonable accessibility for emergency vehicles navigating around the move must be maintained.

(10) Must the applicant notify the state patrol of the move? The applicant must notify the state patrol forty-eight hours in advance of the scheduled move. The notification must provide the state patrol with the time of the move and the route. The region may also require the applicant to contract, at applicant expense, with the state patrol to assist with traffic control.

(11) What precautions must be taken regarding railroad crossings? If railroad tracks are to be crossed, the applicant must notify the appropriate railroad company of the move. Contact information must be obtained in order to communicate with the railroad immediately prior to accessing the crossing to ensure safe passage. This information must be part of the traffic control plan submitted with the application.

Additionally, each crossing must have a pretrip analysis to assure vehicle(s) will clear the grade crossing.

(12) Is there an insurance requirement for the mover of the structure? The permit applicant must provide proof of insurance in the following amounts:

(a) Commercial operators must have at least seven hundred fifty thousand dollars of liability insurance; and

(b) Noncommercial operators must have at least three hundred thousand dollars of liability insurance.

History

Statutory Authority: RCW 46.44.090. WSR 05-04-053, § 468-38-360, filed 1/28/05, effective 2/28/05
WSR 93-04-071 (Order 136), § 468-38-360, filed 1/29/93, effective 3/1/93
WSR 82-18-010 (Order 31, Resolution No. 156), § 468-38-360, filed 8/20/82. Formerly WAC 468-38-440. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-360, filed 12/20/78. Formerly WAC 252-24-363.

Wash. Admin. Code § 468-38-405 Superloads.

(1) What are the criteria that defines a superload in Washington state? A superload is any nondivisible load that exceeds two hundred thousand pounds and/or exceeds outside dimensions of sixteen feet in height, or sixteen feet in width or have a trailing unit(s) plus load in excess of one hundred twenty-five feet in length.

(2) Will a special permit applicant need to provide additional lead-time for processing the superload application? Pursuant to RCW 46.44.091(5), applicants attempting to move loads in excess of two hundred thousand pounds must submit their application at least thirty calendar days in advance of the proposed move. Applicants that are attempting to move a load that does not meet the weight criteria for a superload but does meet the dimensional criteria must submit their application at least seven calendar days before the proposed move. All applications must be submitted in written form. Electronic submissions are considered as written format. These lead-times are necessary to allow the department sufficient time to perform an analysis of pavements and structures that would be affected by the proposed move.

(3) Are there requirements for additional information to accompany the standard application form? All, or selections from, the following information may be required as part of the standard application:

(a) Documentation that the move is in the public interest and that an alternative method of transport is not feasible.

(b) A schematic or photograph of the item to be moved, including an explanation of why it cannot be moved in smaller pieces.

(c) A schematic of the loaded vehicle(s), including axle loadings, axle spacings (measured from the center of each axle), tire sizes, number of tires per axle, and the proposed height, length and width of the configuration.

(d) A traffic control plan depicting the route and specific procedures to be followed to provide safe movement along the route, including:

(i) Identified locations where anticipated traffic delays will occur and where the delays can be allowed to clear;

(ii) Description of any lane restrictions;

(iii) How pilot/escort vehicles and flag persons will be used;

(iv) Arrangements for the movement of overhead obstacles;

(v) Identification of railroad crossings and contact information, including a pretrip analysis of each crossing to assure vehicle(s) will clear the grade;

(vi) Provisions for emergency vehicles to navigate around the configuration; and

(vii) Contact information for on-call services in case of mechanical failure (i.e., need to replace tow vehicle during movement).

(4) Will the applicant bear any of the cost of analysis performed by the department? If, due to the size of the configuration, the analysis will require a significant expenditure of department resources, the applicant may be required to share in those costs. Estimates would be provided to the applicant prior to beginning the analysis, allowing the applicant to make the decision on whether or not to proceed.

(5) If either pavements or structures are found to be inadequate, what options does the applicant have? When either the pavement or a structure on the proposed route is found to be inadequate, the permit application will be denied. The applicant must find an alternative acceptable route, or reconfigure the transported item on a vehicle(s) that can conform to the limitations of the proposed route.

(6) Will a superload require the use of pilot/escort vehicles beyond the requirements established in WAC 468-38-100(1)? Additional pilot/escort vehicles, and/or law enforcement vehicles, may be required as a result of the dimension of the load relative to the route and the time of day the move will be made. As indicated in WAC 468-38-100 (1)(j), assignments of this nature must be authorized through the department's administrator for commercial vehicle services. The motor carrier when planning a superload move must take into consideration the potential for additional vehicles.

History

Statutory Authority: RCW 46.44.090. WSR 05-04-053, § 468-38-405, filed 1/28/05, effective 2/28/05
WSR 95-24-076, § 468-38-405, filed 12/4/95, effective 1/4/96.

Wash. Admin. Code § 468-38-420 Bridge restrictions.

(1) What is the difference between posted bridges and restricted bridges, and how do they apply to legal and extra-legal vehicles?

(a) Posted bridges: The department performs periodic inspections and evaluates the capacity to carry loads on all bridges on state highways. Bridges that are identified as unable to safely carry vehicles with legal weight, per RCW 46.44.041, must be posted (signed) with the maximum weight limits. Applications for extra-legal weight moves that exceed a posted bridge limit on the requested route will be returned to the applicant by the department. The applicant may change the vehicle configuration to comply with the posted limit or change the proposed route. Vehicles that exceed the posted load limit must not cross the bridge.

(b) Restricted bridges: Most bridges on state highways can safely carry legal vehicle weights, per RCW 46.44.041; however, some bridges may not be capable of carrying extra-legal weights, provided for in RCW 46.44.091. The department, based on periodic inspections and evaluations, may determine that a vehicle cannot safely cross a bridge at extra-legal weights. As a result, the department must restrict axle weights on the identified bridges. These restrictions are not posted on the bridge, but are disclosed to the special permit applicant during the permitting process. Applications that exceed a bridge restriction on the requested route are returned to the applicant by the department. The applicant may change the vehicle configuration to comply with the restriction or change the proposed route. Vehicles with extra-legal weight authorized by special permit must comply with any bridge restriction noted on the permit. A violation of any restriction will cause the special permit to become null and void.

(2) Is there a published list of posted and restricted bridges? Yes. The department publishes and maintains both lists on the department's website. A hard copy is also available upon request, but has limited value due to the frequency of changes.

History

Statutory Authority: RCW 46.44.090. WSR 05-04-053, § 468-38-420, filed 1/28/05, effective 2/28/05
WSR 82-18-010 (Order 31, Resolution No. 156), § 468-38-420, filed 8/20/82. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-420, filed 12/20/78. Formerly WAC 252-24-381.

Wash. Admin. Code § 468-38-425 Permitting for emergency responses.

(1) What constitutes an emergency? The term "emergency," as used in this section, shall mean an event or set of circumstances that meet the following criteria:

(a) Demand immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or

(b) Reaches such a degree of destructiveness as to warrant the governor declaring a "state of emergency."

Notification will normally come to the department from the public agency responsible for responding to the emergency, but may also be made by a utility or railroad entity when applying for a permit.

(2) Do oversize and/or overweight vehicles responding to an emergency require a special motor vehicle permit? Yes. RCW 46.44.090 provides for the authorization to move oversize or overweight vehicles by special permit only after application and good cause being shown. "Good cause," in the event of an emergency, is interpreted to mean that by issuing a special motor vehicle permit to a responding oversize and/or overweight vehicle it is reasonable to assume that said vehicle will provide relief of the conditions causing the declaration of emergency.

(3) Why is acquiring a permit important for emergency responders? The infrastructure was designed to be used by vehicles that fall within the specific size and weight parameters of RCW 46.44.010, 46.44.020, 46.44.030, 46.44.036, 46.44.037, 46.44.041 and 46.44.042. Vehicles exceeding these parameters must be screened to determine if they can safely move on a specific route given their over-dimension or overweight status. A permit provides for the authorization and may also contain any restrictions or special conditions that apply to the overlegal vehicle using a specific route.

(4) What processes are available for acquiring a permit in an emergent situation? Application for emergency permits can be requested directly from the office of motor carrier services during normal business hours Monday through Friday. During nonbusiness hours requests must be submitted through one of the department's traffic management centers (TMCs). Contact information and specific procedures will be maintained, and posted electronically, by the office of motor carrier services. Certain carriers that perform emergency response on a routine basis may contact the office of motor carrier services to explore other permitting options.

(5) Are there specific compliance requirements for obtaining an emergency special motor vehicle permit? Yes. The emergency must be verifiable through the entity declaring the emergency. The vehicle configuration to be permitted must comply with all size and weight criteria for permitted moves as provided in chapter 46.44 RCW and chapter 468-38 WAC, except for WAC 468-38-175 Highway travel restrictions—Days, times and highway use subsections (1), (2), (3) and (6).

History

Statutory Authority: RCW 46.44.090. WSR 06-12-036, § 468-38-425, filed 5/31/06, effective 7/3/06.

Wash. Admin. Code § 468-38-435 Federal weight increases on the interstate system.

(1) Are there any weight exemptions for natural gas engines or electric battery vehicles?

Yes, for the interstate system and no more than one mile access to and from the interstate system, natural gas vehicles or electric battery vehicles, if operated by an engine fueled primarily by natural gas or electric batteries, may exceed vehicle weight limits set in RCW 46.44.041 up to 2,000 pounds with a maximum gross vehicle weight of 82,000 pounds. The increase in weight shall equal the difference between:

(a) The weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and

(b) The weight of a comparable diesel tank and fueling system.

(2) What weights are authorized for emergency vehicles to travel on the interstate system?

(a) Emergency vehicles may operate without a permit on the interstate system and no more than one mile to and from the interstate system to a maximum gross vehicle weight of 86,000 pounds and axle weights of:

(i) Twenty-four thousand pounds on a single steering axle;

(ii) Thirty-three thousand five hundred pounds on a single drive axle;

(iii) Sixty-two thousand pounds on a tandem axle; or

(iv) Fifty-two thousand pounds on a tandem rear drive steer axle.

(b) In this section, the term emergency vehicle means a vehicle designed to be used under emergency conditions:

(i) To transport personnel and equipment; and

(ii) To support the suppression of fires and mitigation of other hazardous situations.

(c) Operators of emergency vehicles described in this section shall check their route on Washington state department of transportation, commercial vehicle services website for restrictions prior to travel. These vehicles shall obtain approval/permit from the local jurisdiction when traveling on any local roads. Any firefighting apparatus or emergency vehicle shall obtain a permit from commercial vehicles services office prior to traveling on state highways that are not part of the interstate system if their weights exceed what is prescribed in RCW 46.44.190(4).

(3) Can liquid bulk milk be treated as a nondivisible load? Per the Fixing America's Transportation Act (FAST Act), a vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided (nondivisible). Carriers may obtain annual permits up to 129,000 lbs., and up to 85 ft. of load length when using a double trailer combination. For this section, a double trailer is a tractor, semi-trailer and a second semi-trailer. This section applies to a vehicle that transports raw milk from a farm and/or raw milk products to or from a milk plant, receiving station or transfer station. Transporters of liquid bulk milk are exempt from holiday and commuter curfew restrictions when operating under a permit.

(a) Annual double trailer milk permits cannot exceed legal axle weight per RCW 46.44.041;

(b) Cannot exceed a load length of 85 ft.; and

History

Statutory Authority: RCW 46.44.098, 46.44.090, and 46.44.0941. WSR 23-23-162, § 468-38-435, filed 11/21/23, effective 12/22/23. Statutory Authority: RCW 46.44.098, 46.44.090, and 23 U.S.C. 127. WSR 19-06-036, § 468-38-435, filed 3/1/19, effective 4/1/19.

Chapter 468-46 Transit vehicle stop zones.

Wash. Admin. Code § 468-46-010 Engineering and traffic investigation of request for transit vehicle stop zone.

When requesting a transit vehicle stop zone outside of any incorporated city or town, the public transit agency shall be responsible for conducting a field review to evaluate accessibility to the proposed location. When the requested location is within the roadway, the transit agency shall have a policy for in-lane stops that addresses safety and operational issues. Upon receipt of a request from a public transit authority for approval of a transit vehicle stop zone outside of any incorporated city or town, the department of transportation shall assess the sight distance at the proposed location.

History

Statutory Authority: RCW 46.61.560. WSR 15-02-019, § 468-46-010, filed 12/29/14, effective 1/29/15. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-46-010, filed 12/20/78. Formerly WAC 252-34-01001.

Wash. Admin. Code § 468-46-020 Secretary of transportation or designee to approve transit vehicle stop zones.

The secretary of transportation or any assistant secretary or district engineer to whom the secretary has delegated the authority, may approve a transit vehicle stop zone that conforms to WAC 468-46-010 or where the secretary deems the circumstances warrant such exceptions.

History

Statutory Authority: RCW 46.61.560. WSR 15-02-019, § 468-46-020, filed 12/29/14, effective 1/29/15. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-46-020, filed 12/20/78. Formerly WAC 252-34-02001.

Wash. Admin. Code § 468-46-030 Transit vehicle stop symbol sign.

A transit vehicle stop (bus stop) symbol sign shall be installed at each approved location with the cost to be the obligation of the transit authority.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-46-030, filed 12/20/78. Formerly WAC 252-34-030.

Wash. Admin. Code § 468-46-040 Advance transit vehicle stop symbol sign.

The department of transportation shall install at its own expense in advance of each approved transit vehicle stop zone where the transit vehicle is not visible for a distance of 500 feet an advance warning sign consistent with the manual on uniform traffic control devices, (chapter 468-95 WAC).

History

Statutory Authority: RCW 46.61.560, 47.36.030, 47.36.050 and 47.36.053. WSR 83-07-025 (Order 76), § 468-46-040, filed 3/14/83. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-46-040, filed 12/20/78. Formerly WAC 252-34-040.

Wash. Admin. Code § 468-46-050 Transit vehicle warning lights at stop zone.

While stopped on the roadway at approved transit vehicle stop zones for the purpose of receiving or discharging passengers each transit vehicle shall be so equipped and the driver thereof shall activate the four-way warning lights as specified by RCW 46.37.210(4).

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-46-050, filed 12/20/78. Formerly WAC 252-34-050.

Chapter 468-48 Highway corridor and alignment authority.

Wash. Admin. Code § 468-48-010 Definitions.

For the purposes of this chapter, the following definitions of the terms shall apply unless the context clearly indicates otherwise.

(1) "Department" means the Washington state department of transportation.

(2) "Route" means a statutory designated state highway, being a new highway or existing highway with new alignment, and is laid out as running to or by way of certain designated points, without specifying the particular way to be followed to or by way of such points. Each route may contain one or more corridors.

(3) "Corridor" means one of several general paths a highway can take to satisfy the route requirements and has one or more specific alignment alternatives. A corridor can include, as a whole or in part, any existing state highway facility, county highway facility, city street, new alignments or any combination of these.

(4) "Alignment" means the specific path a highway will take between two designated points within a corridor.

History

Statutory Authority: RCW 47.01.071. WSR 94-14-065, § 468-48-010, filed 7/1/94, effective 8/1/94.

Wash. Admin. Code § 468-48-020 Selection of corridors and alignments for highway facilities.

The secretary of transportation is hereby delegated the commission's authority to conduct all hearings and adopt a specific highway corridor whenever the general route has been designated but there are several alternatives within that route. The secretary is further delegated the authority of the commission contained in RCW 47.28.010.

Nothing herein shall be construed as to restrict the ability of the department to select specific alignments and design elements within the corridor as part of the design process.

History

Statutory Authority: RCW 47.01.071. WSR 94-14-065, § 468-48-020, filed 7/1/94, effective 8/1/94.

Chapter 468-51 Highway access management access permits—Administrative process.

Wash. Admin. Code § 468-51-010 Purpose.

This chapter is adopted for use by the Washington state department of transportation to implement chapter 47.50 RCW for the regulation and control of vehicular access and connection points of ingress to, and egress from, the state highway system within unincorporated areas that are under the jurisdiction of the Washington state department of transportation. However, this chapter and chapter 468-52 WAC may be used, as a default, by cities that are the permitting authorities if they have not adopted an enacting ordinance as required under chapter 47.50 RCW.

This chapter describes the connection permit application process and procedures, including a preapplication conceptual review process, and requirements for closure of unpermitted and nonconforming connections to the state highway system.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-010, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-010, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-020 Definitions.

For the purposes of this chapter, the following definitions of terms shall apply unless the context clearly indicates otherwise:

(1) "Application" means an application form supplied by the department and completed by the applicant, a certified check or money order for the required application fee, and related property site, driveway, roadway, and traffic information.

(2) "Average daily traffic (ADT)" means the volume of traffic passing a point or segment of a highway, in both directions, during a period of time, divided by the number of days in the period and factored to represent an estimate of traffic volume for an average day of the year.

(3) "Average weekday vehicle trip ends (AWDVTE)" means the estimated total of all trips entering plus all trips leaving the applicant's site based on the final stage of proposed development.

(4) "Conforming connection" means a connection that meets current department location, spacing, and design criteria.

(5) "Connection" means approaches, driveways, turnouts, or other means of providing for the right of access to or from controlled access facilities on the state highway system.

(6) "Connection category" means a permit category of all state highway connections, in accordance with the type of property served and the estimated traffic generated by the applicant's site based on rates accepted by the department.

(7) "Connection permit" means a written authorization given by the department for a specifically designed connection to the state highway system at a specific location for a specific type and intensity of property use and specific volume of traffic for the proposed connection, based on the final stage of proposed development of the applicant's property. The actual form used for this authorization will be determined by the department.

(8) "Controlled access facility" means a transportation facility (excluding limited access facilities as defined in chapter 47.52 RCW) to which access is regulated by the governmental entity having jurisdiction over the facility. Owners or occupants of abutting lands and other persons have a right of reasonable access to and from such facility at such points only and in such manner as may be determined by the governmental entity.

(9) "Department" means the Washington state department of transportation.

(10) "Development approval" means an official action by a governmental land use planning authority authorizing the developer or land owner to begin construction of any permanent improvements on the property.

(11) "Governmental entity" means, for the purpose of this chapter, a unit of local government or officially designated transportation authority that has the responsibility for planning, construction, operation, maintenance, or jurisdiction over transportation facilities.

(12) "Joint use connection" means a single connection point that serves as a connection to more than one property or development, including those in different ownerships or in which access rights are provided in the legal descriptions.

(13) "Limited access facility" means a highway or street especially designed or designated for through traffic, and over, from, or to which owners or occupants of abutting land, or other persons have no right or easement, or only a limited right or easement of access, light, view or air by reason of the fact that their property abuts upon such limited access facility, or for any other reason to accomplish the purpose of a limited access facility.

(14) "Median" means the portion of a divided highway or divided connection separating vehicular traffic traveling in opposite directions; not including speed change lanes, storage lanes for left turning or U-turning vehicles, or two way left turn lanes.

(15) "Median opening" means either a full opening in a continuous median for the specific purpose of allowing vehicles to make a left turn maneuver into or out of a property abutting the highway, to facilitate U-turns, or to allow for a vehicle to totally cross the road, or a directional opening allowing for left turn maneuvers into the property and U-turn maneuvers, but not allowing for left turns or cross movements out of the property.

(16) "Nonconforming connection" means a connection not meeting current department location, spacing, or design criteria.

(17) "Permit" means written approval issued by the department, subject to conditions stated therein, authorizing construction, reconstruction, maintenance, or reclassification of a state highway connection and associated traffic control devices on or to the department's right of way.

(18) "Permitting authority" means the department or any county, municipality, or transportation authority authorized to regulate access to their respective transportation systems.

(19) "Reasonable access" means an access connection that is suitable for the existing and/or proposed property use and does not adversely affect the safety, operations or maintenance of the highway system.

(20) "Right of way (R/W)" means a general term denoting land or interest therein, acquired for or designated for transportation purposes. More specifically, land in which the department, a county, or a municipality owns the fee simple title, has an easement devoted to or required for use as a public road and appurtenant facilities, or has established ownership by prescriptive right, or lands that have been dedicated for public transportation purposes.

(21) "Shoulder" means the portion of the highway contiguous with the traveled lanes for the accommodation of stopped vehicles for emergency use, and for lateral support of base and surface courses and for other uses as allowed by law.

(22) "State highway system" means all roads, streets, and highways designated as state routes in compliance with chapter 47.17 RCW.

(23) "Temporary connection" means a permitted connection for a specific property use, conditioned to be open for a specific purpose and traffic volume for a specific period of time with the right of way to be restored by the permit holder to its original condition upon connection closure.

(24) "Variance permit" means a special nonconforming or additional connection permit, issued for a location not normally permitted by current department standards, after an engineering study demonstrates, to the satisfaction of the department, that the connection will not adversely affect the safety, maintenance or operation of the state highway in accordance with its assigned classification. This permit will remain valid until modified or revoked by the permitting authority.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-020, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-020, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-030 General provisions.

(1) When connection permits required. Every owner of property which abuts a state highway, or has a legal easement to the state highway, where limited access rights have not been acquired has a right to reasonable access, but may not have the right to a particular means of access, to the state highway system. The right of access to the state highway may be restricted if, in compliance with local regulation, reasonable access to the state highway can be provided by way of another public road which abuts the property. These public roads shall be of sufficient width and strength to reasonably handle the traffic type and volumes that would be accessing that road. All new connections including alterations and improvements to existing connections to state highways shall require a connection permit. Such permits, if allowed, shall be issued only after written development approval where such approval is required, unless other interagency coordination procedures are in effect. However, the department can provide a letter of intent to issue a connection permit if that is a requirement of the agency that is responsible for development approval. The alteration or closure of any existing access connection caused by changes to the character, intensity of development, or use of the property served by the connection or the construction of any new access connection shall not begin before a connection permit is obtained from the department. Use of a new connection at the location specified in the permit is not authorized until the permit holder constructs or modifies the connection in accordance with the permit requirements. If a property owner or permit holder who has a valid connection permit wishes to change the character, use, or intensity of the property or development served by the connection, the department must be contacted to determine whether a new connection permit would be required.

(2) Responsibility for other approvals. Connection permits authorize construction improvements to be built by the permit holder on department right of way. It is the responsibility of the applicant or permit holder to obtain any other local permits or other agency approvals that may be required, including satisfaction of all environmental regulations. It is also the responsibility of the applicant to acquire any property rights necessary to provide continuity from the applicant's property to the state highway right of way if the applicant's property does not abut the right of way, except where the connection replaces an existing access as a result of department relocation activity.

(3) Early consultation. In order to expedite the overall permit review process, the applicant is strongly encouraged to consult with the department prior to and during the local government subdivision, rezoning, site plan, or any other applicable predevelopment review process for which a connection permit will be required. The purpose of the consultation shall be to determine the permit category and to obtain a conceptual review of the development site plan and proposed access connections to the state highway system with respect to department connection location, quantity, spacing, and design standards. Such consultation will assist the developer in minimizing problems and delays during the permit application process and could eliminate the need for costly changes to site plans when unpermittable connection proposals are identified early in the planning phase. The conceptual review process is further detailed in WAC 468-51-050.

(4) Cost of construction.

(a) Permit holder. The cost of construction or modification of a connection shall be the responsibility of the permit holder, including the cost of modification of any connection required as a result of changes in property site use in accordance with WAC 468-51-110. However, the permit holder is not responsible for alterations made at the request of the department that are not required by law or administrative rule.

(b) Department. Existing permitted connections impacted by the department's work program and which, in the consideration of the department, necessitate modification, relocation, or replacement in order to meet current department connection location, quantity, spacing, and design standards, shall be modified, relocated, or replaced in kind by the department at no cost to the permit holder. The cost of further enhancements or modification to the altered, relocated, or replaced connections requested by the permit holder shall be the responsibility of the permit holder.

(5) Notification. The department shall notify affected property owners, permit holders, business owners and/or emergency services, in writing, where appropriate, whenever the department's work program requires the modification, relocation, or replacement of their access connections. In addition to written notification, the department shall facilitate, where appropriate, a public process which may include, but is not limited to, public notices, meetings or hearings, and/or individual meetings. The department shall provide the interested parties with the standards and principles of access management.

(6) Department responsibility. The department has the responsibility to issue permits and authority to approve, disapprove, and revoke such permits, and to close connections, with cause.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-030, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-030, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-040 Connection categories.

All connections, public or private shall be determined by the department to be in one of the following categories:

(1) "Category I - Minimum connection" provides connection to the state highway system for up to ten single family residences, a duplex, or a small multifamily complex of up to ten dwelling units, which use a common connection. The category shall also apply to permanent connections to agricultural and forest lands, including field entrances; connections for the operation, maintenance, and repair of utilities; and connections serving other low volume traffic generators expected to have an average weekday vehicle trip ends (AWDVTE) of one hundred or less.

(2) "Category II - Minor connection" provides connection to the state highway system for medium volume traffic generators expected to have an AWDVTE of one thousand five hundred or less, but not included in Category I.

(3) "Category III - Major connection" provides connection to the state highway system for high volume traffic generators expected to have an AWDVTE exceeding one thousand five hundred.

(4) "Category IV - Temporary connection" provides a temporary, time limited, connection to the state highway system for a specific property for a specific use with a specific traffic volume. Such uses include, but are not limited to, logging, forest land clearing, temporary agricultural uses, temporary construction, and temporary emergency access. The department reserves the right to remove any temporary connection at its sole discretion and at the expense of the property owner after the expiration of the permit. Further, a temporary connection permit does not bind the department, in any way, to the future issuance of a permanent connection permit at the temporary connection location.

(5) "Nonconforming connection" designation may be issued for Category I through IV permits after an analysis and determination by the department that a conforming connection cannot be made and a finding that the denial of a connection would leave the property without a reasonable means of access to the public road system. In such instances, the permit shall be noted as nonconforming and contain specific restrictions and provisions, including limits on the maximum vehicular use of the connection, the future availability of alternate means of reasonable access for which a conforming connection permit could be obtained, the removal of the nonconforming connection at the time the conforming access is available, and other conditions as necessary to carry out the provisions of chapter 47.50 RCW.

(6) "Variance connection" means a special nonconforming or additional connection permit, issued for a location not normally permitted by current department standards, after an engineering study demonstrates that the connection will not adversely affect the safety, maintenance or operation of the highway in accordance with its assigned classification. This permit will remain valid until modified or revoked by the permitting authority.

(7) "Median opening" includes openings requested for both new connections and for existing connections. New median openings proposed as part of a new driveway connection shall be reviewed as part of the permit application review process. Request for the construction of new median openings to serve existing permitted connections shall require a reevaluation of the location, quantity, design of existing connection, and traffic at the existing connections. The property owner must file a new connection permit application, for the proper connection category, showing the new proposed median opening location and design and its relationship to the existing or modified driveway connections. Nothing contained herein shall be construed to prohibit the department from closing an existing median opening where operational or safety reasons require the action. The department shall notify affected property owners, permit holders and tenants, in writing, thirty days in advance of the closure of a median opening unless immediate closure is needed for safety or operational reasons.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-040, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-040, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-050 Conceptual review.

Prior to filing a connection permit application and prior to receipt of development approval, all permit applicants, but in particular those applying for Category II and Category III connections, are strongly encouraged to request, in writing, a conceptual review of the site plan and proposed connection locations with the department and other local governmental agencies as appropriate. The purpose of the conceptual review is to expedite the overall review process by establishing the permit category, number, type, and general location of connections to the property early in the planning stages of a proposed development or a proposed significant change in property site use, or to determine that the connection as requested cannot be permitted. The conceptual review does not constitute final department approval of the location and design of the connection. If deemed appropriate, especially on the more complex proposals, the department shall establish the date for a conceptual review meeting to be held within two weeks of the receipt of the written request unless a later date is requested by the applicant. If a meeting is scheduled, representatives of the local governmental land use planning authority will be invited to attend. Within four weeks following the conceptual review meeting, or receipt of the request if no meeting is scheduled, the department will provide the applicant written notice of the department's conceptual review findings, provided all needed information to complete the review has been received from the applicant. These findings are nonbinding on the department and the developer. Additional detailed information received during the application process, changes in the proposed development, or changes in the existing or planned operational characteristics of the state highway system may necessitate modifications of the connections agreed to in the conceptual approval. The conceptual review findings can be used by the developer in the site plan review/approval process with the local government having jurisdiction over the development as indicating coordination of connection location, quantity, and design with the department and of preliminary department findings on the proposed connections.

History

Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-050, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-060 Application requirements and procedures.

This rule shall be used where the department is the permitting authority. Where the local governmental entity is the permitting authority, the applicable procedures of the local governmental entity must be followed. If the local governmental entity has no procedures then this rule may apply.

(1) Connection permit application and information. The appropriate application form and the application information are available from the designated local department offices. An application shall consist of the above form; application fee, as specified in WAC 468-51-070; plans; traffic data; and connection information specified in this section.

All connection and roadway design documents for Category II and III permits shall bear the seal and signature of a professional engineer, registered in accordance with chapter 18.43 RCW.

(2) Information required - all permits. The following information is required of all applicants for all permit categories, unless the department determines that specific information will not be required on individual applications. Additional information required of Category II, III, and IV permit applications is specified in this chapter. In all cases it would be prudent, prior to submittal of the application, for the applicant to inquire of the department whether the application needs additional information. The department reserves the right to request clarification or additional information during the application review process. Failure to provide the requested information within the time limits specified in the request shall result in withdrawal of the permit application.

(a) Identification and signature of property owner and applicant. The current complete names, mailing addresses, and telephone numbers of the property owner(s), the developer(s), the applicant, the transportation and legal consultants representing the applicant (if any), and the local government representative(s) responsible for processing the development's approval shall be provided as part of the application. If the property owner desires to have a representative sign the application, a notarized letter of authorization from the applicant is to be provided with the application. When the owner or applicant is a company, corporation, or other public agency, the name, address, and telephone number of the responsible officer shall be furnished. The names of all individuals signing the application and their titles shall be typed or printed directly below the signature.

(b) Property uses and traffic information. The ultimate planned property uses shall be indicated in sufficient detail to determine the appropriate permit classification. Estimated average weekday vehicle trip ends to be generated by the development, based on the planned property use, consistent with the latest trip generation information published by the Institute of Transportation Engineers, Washington, D.C., (ITE) shall be included as appropriate. If local or special trip generation rates are used, instead of the ITE rates the latest and best information shall be used and all documentation for the rate development shall be submitted with the application. For residential developments with ten or fewer units, ten trips per day per unit may be assumed. The requirement for an average weekday vehicle trip ends estimate may be waived for agricultural uses where no retail marketing is proposed.

(c) Site plan. The application shall include a plan to scale, or a schematic drawing showing critical dimensions (allowable on Category I permits only), the location of the property, and existing conditions and the character and extent of work proposed. The location of existing and proposed on-site development with respect to the existing and proposed driveway location(s) and the highway shall be shown. Minimum information on the plan shall include:

(i) Road information.

• State route number.

• County or local road name.

• Highway pavement type.

• Cross section.

• Posted speed limit.

• The existence and location of any existing and/or future proposed public or private road abutting or entering the property; the horizontal and vertical curvature of the road(s) noting the location of existing and proposed connections and any other pertinent information.

(ii) Property information.

• Location of all existing and proposed buildings, and other structures, such as gasoline pumps, lights, trees, etc., with respect to the existing and proposed property and right of way lines.

• Any adjacent properties that are owned or controlled by the applicant, or in which the applicant has a financial interest, and indicate whether these properties will be accessed by means of the proposed connection(s).

• Proof of legal ownership or legal easement.

• The application shall include a boundary survey. The requirement for a boundary survey may be waived for Category I connections, at the discretion of the department.

• Any existing or proposed parcels segregated from the applicant's property for separate development also shall be clearly designated on the plan.

(iii) Connection location information.

• The proposed connection milepost and highway engineer's station, if available.

• Location of the highway centerline with respect to existing and proposed property lines.

• Distance of proposed public or private access connection to intersecting roads, streets, railroads.

• Existing or proposed median openings (crossovers) and connections on all sides of the state highway and other roads within six hundred sixty feet of the proposed connection location in urban areas and one thousand three hundred twenty feet in nonurban (rural) areas.

• Location of existing or proposed public or private retaining walls, fences, poles, sidewalks, bike paths, drainage structures and easements, traffic control devices, fire hydrants, utilities, or other physical features, such as trees, landscaping, green belts, and wetlands, that could affect driveway location.

• It shall be the responsibility of the applicant to physically identify the location of the proposed connection at the proposed site.

(iv) Connection design information.

• Proposed connection and approach improvements including its profile approaching the state highway, width, radii, angle to the highway, auxiliary pavement.

• Existing and proposed grading (or contouring that affects the natural drainage pattern or runoff impacting the state highway and the proposed connection).

• Drainage calculations and other pertinent data.

• Driveway, auxiliary lanes and crossover pavement design, including subgrade, base, surface materials, and thicknesses.

• Specific requirements for design information on individual Category I permit applications may be relaxed, or waived, at the discretion of the department.

(v) Joint driveway use.

• If the driveway is to serve more than one property, the plan shall detail information for all properties using the connection and the application shall include copies of legally enforceable agreements of concurrence for all property owners on joint driveway usage.

• Joint driveway use serving adjoining properties is encouraged on all highways and may be required on some highways, in compliance with rules adopted by the department.

(3) Additional information required, Category II and Category III permits. The following is a list of additional information that may be required for each phase of the development from the applicant. Prior to the submittal of the application, the applicant shall coordinate with the appropriate designated local office of the department on the level of detail and the analysis techniques to be used.

(a) Circulation plans. All parking, interior drives, and internal traffic circulation plans.

(b) Connection users. All internal and external adjacent parcels which will use the requested connection. All existing and proposed connecting roadways and potential means of alternate access through the final buildout stage of development shall be shown on the plans submitted with the application.

(d) Sight distance. Analysis of horizontal and vertical sight distance on the state highway with respect to the proposed connection.

(e) Traffic data and analysis. Traffic data submitted by the applicant shall be signed and sealed by a qualified professional engineer, registered in accordance with chapter 18.43 RCW. The following traffic study information may be required:

(i) Turning movements. Vehicle turning movements for present and future traffic conditions.

(ii) Volume and type. Amount and type of traffic that will be generated by the proposed development including a breakdown of anticipated peak hour traffic and an analysis of the impact on the level of service on the state highway.

(iii) Parking and circulation. Analysis of off-street parking and traffic circulation, including distances to secondary access points on the connection roadway and their impact on the operation of the state highway.

(iv) Traffic signal data. If a traffic signal is requested, the following studies may be required: Traffic signal warrants; phasing and timing analysis; signal progression analysis; signalization, signing, and lighting plans in compliance with department standards. A separate department traffic signal permit is required.

(v) Offsite improvements. A traffic analysis to determine the need for offsite related roadway and geometric improvements and mitigation requirements.

(vi) Traffic control plan. A traffic control plan conforming to current department standards set forth in the "Manual on Uniform Traffic Control Devices," documenting how the permit holder will provide for safe and efficient movement on the state highway system during the construction of the connection.

(4) Additional information required, Category IV permits. Permit applications must contain the specific dates that the connection is to be open and must contain assurances acceptable to the department that the shoulder, curbing, sidewalks, bikeways, ditch, right of way, and any other amenities will be restored to their original condition at the permit holder's expense upon closure of the temporary connection.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-060, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-060, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-070 Fees and surety bond.

(1) Fee structure. The following nonrefundable fee structure is established for department application processing, review, and inspection. Full payment of base fees must accompany the permit application. Due to the potential complexity of Category II and Category III connection proposals, and required mitigation measures that may involve construction on the state highway, the department may require a developer agreement in addition to the connection permit. The developer agreement may include, but is not limited to: Plans; specifications; maintenance requirements; bonding requirements; inspection requirements; division of costs by the parties, where applicable; and provisions for payment by the applicant of actual costs incurred by the department in the review and administration of the applicant's proposal that exceed the required base fees in the following schedule:

| (a) | Category I base fees for one connection. | | | --- | --- | --- | | (i) | Field (agricultural), forest lands, utility operation and maintenance . . . . | $50 | | (ii) | Residential dwelling units (up to 10) utilizing a single connection point . . . . | $50 | | per dwelling unit | | | | (iii) | Other, with 100 AWDVTE or less . . . . | $500 | | (iv) | Fee per additional connection point . . . . | $50 | | (b) | Category II base fees for one connection. | | | (i) | Less than 1,000 AWDVTE . . . . | $1,000 | | (ii) | 1,000 to 1,500 AWDVTE . . . . | $1,500 | | (iii) | Fee per additional connection point . . . . | $250 | | (c) | Category III base fees for one connection. | | | (i) | 1,500 to 2,500 AWDVTE . . . . | $2,500 | | (ii) | Over 2,500 AWDVTE . . . . | $4,000 | | (iii) | Fee per additional connection point . . . . | $1,000 | | (d) | Category IV base fee per connection . . . . | $100 |

(2) Surety bond. Prior to the beginning of construction of any connection, the department may require the permit holder to provide a surety bond as specified in WAC 468-34-020(3).

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-070, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-070, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-080 Application submittal, review, conditions.

(1) Application submittal. The application shall be submitted to the designated local department office serving the area. The application shall be properly prepared, clearly completed, and signed. Information on the specific number of copies to be provided and other submittal information is available from the designated local department office.

(2) Application review, processing, and approval. Upon receipt of the application, the application shall be reviewed consistent with the provisions of this chapter. If the department identifies errors in the application or if additional information is required, the department will notify the applicant. Applicants must provide such information or correct errors within thirty days of the notification. If the applicant determines that the time to provide additional or corrected information is insufficient, the applicant shall contact the department in writing to request additional time be approved. If the additional or corrected information has not been received by the department within thirty days or the approved time period agreed to, the application will be withdrawn.

(a) Review. Upon timely receipt of all required information, or upon expiration of the time period for receipt of additional or corrected information, the location and design of the connection shall be examined for consistency with current department location, quantity, spacing, classifications, and department design standards. The review shall also include an analysis of the impact of the site's existing and projected traffic on the operation and safety of the state highway.

(b) Concurrence or denial, notice. If the department concurs in the location and design of the proposed connection, written notification of that concurrence will be sent to the applicant and to the local governmental land use planning authority having jurisdiction over the development. If the applicant has gone through the voluntary conceptual review process, the written notice of concurrence will indicate whether or not there have been any changes in the number, location, or design of the connection required by the department. No construction may commence on the department's right of way until all necessary department and local governmental permits are issued in accordance with (c) of this subsection. If the department does not concur in the connection location, quantity, or design, both the applicant and the local governmental land use planning authority having jurisdiction over the development approval shall be notified, in writing, indicating the department's intent to deny the connection as proposed in the application. The written notification shall state the specific reasons for the intent to deny the connection, the process for submitting an amended application, and the appeal rights of the applicant. The applicant may submit a revised application within thirty days based on department comments and concerns as stated in the notification. The submittal of a revised application within thirty days shall not require the payment of any additional application fees. Submittal of a revised permit is not a prerequisite for a request for an adjudicative proceeding in compliance with WAC 468-51-150.

(c) Permit issuance. The department shall issue the connection permit after review and concurrence that the application and the location and design of the connection comply with the requirements of this chapter, and after either:

(i) The applicant has received development approval from the appropriate local governmental land use planning authority; or

(ii) Other interagency coordination procedures in effect are satisfied for development approval by the local governmental land use planning authority.

The department shall provide the applicant with the connection permit for signature, and the applicant shall sign and return the permit to the department within thirty days after the mailing date. If the department does not receive the signed permit back from the applicant within thirty days after the mailing date or within an agreed upon time, the permit will be void and the application fee will be forfeited. The permit is not valid and construction on the access cannot begin without a completed permit that is signed by both the department and the applicant.

Additionally, the applicant must be in compliance with the surety bond requirements specified in the permit prior to construction, in compliance with WAC 468-51-070.

(d) Request for adjudicative proceedings. In the event of a denial of a connection permit as proposed in the application, the applicant may apply for an adjudicative proceeding in compliance with WAC 468-51-150.

(3) Permit conditions. Any special requirements or provisions for the connection including offsite mitigation shall be clearly and specifically identified as part of the permit. Failure by the applicant or permit holder to abide by the permit provisions shall be sufficient cause for the department to initiate action to alter the connection or to revoke the permit and close the connection at the expense of the permit holder. The permit requirements shall be binding on the permit holder, the permit holder's successors, heirs and assigns, the permit application signatories, and all future owners and occupants of the property. The applicant may challenge the permit conditions by applying for an adjudicative proceeding in compliance with WAC 468-51-150.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-080, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-080, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-090 Construction requirements.

(1) Preconstruction conference. The department may require a preconstruction conference prior to any work being performed on the department's right of way. When required by provisions in the permit, the department will schedule a preconstruction conference. The preconstruction conference should be attended by the necessary personnel to assure compliance with the terms and provisions of the permit.

(2) Time limit. Substantial construction of the connection shall begin within ninety days of the effective date of the permit, unless a longer time is approved by the department or a time extension is requested by the applicant and approved by the department. Construction shall be completed within one hundred twenty days of the date of issuance of the permit, unless a time extension is approved by the department. As a condition of the permit, the department may further limit construction time, if the department determines that such limitation is warranted. Failure to comply with the time limits specified in the permit shall result in an automatic expiration of the permit following written notification to the permit holder. For any permit which expires for failure to begin construction or to complete construction within the specified time limits, the department may require a new application, including the payment of the required application fee prior to the initiation of any construction.

(3) Posting of permit. The approved connection permit shall be displayed in a prominent location, protected from the weather, within the vicinity of the connection construction.

(4) Disruption of traffic. All construction and/or maintenance within department right of way shall conform to the provisions of the connection permit, the "Manual on Uniform Traffic Control Devices" (MUTCD); the department's current "Design Manual," and the current "Standard Specifications for Road, Bridge, and Municipal Construction." The department may require or restrict hours of construction to minimize disruption of traffic on the state highway system. If construction activity within the department's right of way causes undue disruption of traffic or creates safety hazards on a state highway, or if the construction activity is not in compliance with the traffic control specifications in the permit, the department shall advise the permit holder or the permit holder's contractor of the need for immediate corrective action, and may order immediate suspension of all or part of the work if deemed necessary. Failure to comply with this provision may result in permit modification or revocation.

(5) Traffic signals and other traffic control devices. Traffic signals and other traffic control devices installed by the permit holder shall conform to MUTCD and department design and construction standards. The permit holder is responsible for securing any state and local permits needed for traffic signalization and regulatory signing and marking.

(6) Connection construction inspection. For Category II and Category III connections, the department may require the permit holder, the developer, or landowner to provide inspection of construction and certification that connection construction is in accordance with permit provisions and appropriate department standards by a professional engineer, registered in accordance with chapter 18.43 RCW, or the department may do the inspection at the applicant's expense, as provided in the developer agreement.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-090, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-090, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-100 Nonconforming connection permits.

The department may issue a permit for a connection not meeting department location and spacing criteria standards if it finds that a conforming connection is not attainable at the time of the permit application submittal and that denial would leave the property without a reasonable access to the public road system. The department may issue a connection permit requiring a legally enforceable joint-use connection when determined to be in the best interest of the state for restoring or maintaining the operational efficiency and safety of the state highway. Nonconforming connection permits shall specify conditions or limits including:

(1) Traffic volume. The maximum vehicular usage of the connection shall be specified in the permit.

(2) Future alternate access. The permit shall specify that a conforming connection be constructed when future alternate means of access become available, and that the nonconforming connection be removed.

(3) Users. The permit shall specify the properties to be served by the connection; and any other conditions as necessary to carry out the provisions of chapter 47.50 RCW.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-100, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-100, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-105 Variance connection permits.

Variance permits may be issued, at the discretion of the department, for certain connections not meeting the access classification location and spacing or that exceed the number of connections allowed by the standards adopted for a particular highway segment. These permits may be allowed if conditions warrant and are demonstrated to the satisfaction of the department by a traffic analysis, signed and sealed by a qualified professional engineer who is registered in accordance with chapter 18.43 RCW, which is included with the connection permit application. The variance permit will remain in effect unless a new permit is required due to changes in property site use in compliance with WAC 468-51-110 or unless permit modification, revocation, or closure of the variance permitted connection is required as provided for in WAC 468-51-120. The department may issue a connection permit requiring a legally enforceable joint-use connection when it is determined to be in the best interest of the state for restoring or maintaining the operational efficiency and safety of the state highway. Variance connection permits shall specify conditions or limits including, but not limited to:

(1) Traffic volume. The maximum vehicular usage of the connection shall be specified in the permit.

(2) Users. The permit shall specify the properties to be served by the connection, and any other conditions as necessary to carry out the provisions of chapter 47.50 RCW.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-105, filed 2/25/99, effective 3/28/99.

Wash. Admin. Code § 468-51-110 Changes in property site use.

The connection permit is issued to the permit holder for a particular type of land use generating specific projected traffic volumes at the final stage of proposed development. Any changes made in the use, intensity of development, type of traffic, or traffic flow of the property requires the permit holder, his or her assignee, or property owner to contact the department to determine if further analysis is needed to determine if the change is significant and would require a new permit and modifications to the connection. An engineering study, signed and sealed by a professional engineer registered in accordance with chapter 18.43 RCW, may be required to document the extent of the change. If modification of the existing connection is required, based on a significant change as determined by the department, the permit holder, his or her assignee, or the property owner shall obtain a new permit prior to the initiation of any on-site construction to the connection or to the property.

(1) Significant change. A significant change is one that would cause a change in the category of the connection permit or one that causes an operational, safety, or maintenance problem on the state highway system based on objective engineering criteria or available accident data. Such data shall be provided to the property owner and/or permit holder and tenant upon written request.

(2) Notification. Failure to contact the department to determine the need for connection modifications or to apply for a new permit for such modifications prior to initiation of property improvements, land use changes or traffic flow alteration actions shall result in notification to the property owner and/or permit holder and tenant of intent to revoke the existing permit and closure of the connection to the property.

(3) Costs. The permit holder is responsible for all costs associated with connection removal, relocation, or modification caused by increased or altered traffic flows necessitated by changes to facilities, use, or to the nature of the business on the property.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-110, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-110, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-120 Permit modification, revocation, closure of permitted connections.

(1) Revocation criteria. All connection permits issued by the department prior to the effective date of this chapter remain valid until revoked. The department may initiate an action to revoke any permit if significant changes have occurred in the use, design, or traffic flow of the property or of the state highway, requiring the relocation, alteration, or closure of the connection; if the connection was not constructed at the location or to the design specified in the permit; if the permit provisions were not met; or if the connection causes a safety, maintenance, or operational problem on the state highway system. The process to be followed by the department in the revocation of permits shall be consistent with the requirements of chapter 34.05 RCW and WAC 468-51-150. The notification process is as follows:

(a) Notification, correction of deficiencies. The department shall serve notice, in accordance with rules adopted in compliance with chapter 34.05 RCW, to the permit holder, permit holder's successors or assigns, or property owner with a copy to the occupant, for any connection found to be in noncompliance with the conditions of the permit or this chapter. The notice will identify and request that the deficiencies be corrected within thirty days of service of the notice. The notice shall further advise that the department's determination of noncompliance or deficiencies shall become final and conclusive thirty calendar days following service of the notice unless the violations are corrected or an adjudicative proceeding in compliance with chapter 34.05 RCW and WAC 468-51-150 is requested by the permit holder, permit holder's successor or assigns, or the property owner.

(2) Costs. The permit holder, permit holder's successor or assignee, or property owner shall be responsible for the costs of closure due to revocation of a connection permit in compliance with WAC 468-51-120 except when the closure is required by changes to the state highway.

(3) Emergency action. This chapter shall not restrict the department's right to take immediate remedial action, including the closure of a connection if there is an immediate and serious danger to the public health, safety, and welfare, in compliance with chapter 47.32 RCW. In such event, the department shall conform to the provisions for emergency adjudicative proceedings in RCW 34.05.479 and rules adopted thereunder.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-120, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-120, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-130 Closure of unpermitted connections.

Closure criteria, permit requirements. Any unpermitted connections to the state highway system which were in existence and in active use consistent with the type of connection on July 1, 1990, shall not require the issuance of a permit and may continue to provide connection to the state highway system, unless the property owner had received written notification initiating connection closure from the department prior to July 1, 1990, or unless the department determines that the unpermitted connection does not meet minimum acceptable standards of highway safety and mobility based on accident and/or traffic data or accepted traffic engineering criteria, a copy of which must be provided to the property owner and/or permit holder and tenant upon written request. The department may require that a permit be obtained if a significant change occurs in the use, design, or traffic flow of the connection or of the state highway. If a permit is not obtained, the department may initiate action to close the unpermitted connection point in compliance with RCW 47.50.040. Any unpermitted connection opened subsequent to July 1, 1990, is subject to closure by the department. The process to be followed by the department in the closure of an unpermitted connection shall be consistent with chapter 34.05 RCW and rules adopted thereunder. The notification process is as follows:

(1) Notification. The department shall serve notice, in accordance with rules adopted in compliance with chapter 34.05 RCW, upon the property owner of a connection to a state highway which is found by the department to be unpermitted. This notice shall clearly describe the highway connection violation and shall establish a thirty-day time limit for either applying for a connection permit or requesting an adjudicative proceeding in compliance with chapter 34.05 RCW. The notice will further advise the property owner that failure to act in either of the prescribed ways within the time period will result in department closure of the unpermitted connection.

(2) Permit application. If a permit application is filed within the thirty days, and the application is denied, the department shall notify the property owner of the denial. The property owner may then proceed with the permit application revision process set forth in WAC 468-51-080 or request an adjudicative proceeding in compliance with WAC 468-51-150 within thirty days. Failure to act in either of those prescribed ways within the time period set forth in the rules will result in department closure of the unpermitted connection. If the location and design of the connection in the permit application are acceptable to the department, the existing connection may continue to be used for a specified period of time or until the connection specified in the permit application is constructed.

(3) Approval conditions. Modifications, relocation, or closure of unpermitted connections may be required by the department as a requirement of permit approval, subject to the adjudicative proceedings provisions of WAC 468-51-150.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-130, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-130, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-140 Department construction projects.

During construction of department projects, connections will be provided as replacements for existing approved permitted connections, that are consistent with all current department spacing, location, and design standards, based on the following conditions:

(1) Nonconforming connections. All nonconforming connections will be examined to determine if the construction project will require relocation, alteration, or closure of the connection to make it conforming.

(2) Application of current standards. The number and location of connections shall be modified to the maximum extent possible to meet current department spacing, location, and design standards. Where current department standards cannot be met, the connection shall be classified as nonconforming.

(3) New connections, modifications. The department shall allow new or require modification of existing connections if a connection permit application is made and approved.

(4) Replacement of existing connections. When connections are made as part of a department construction project replacing existing connection points without material differences, no additional permit shall be required. Costs shall be borne by the department.

(5) New connections—Cost. The construction of new connection points, if approved by the department, shall be done at the owner's expense by either the department's contractor as part of the roadway improvement or by the owner's contractor at the department's option.

(6) Modifications—Cost. If the modification of the connection point, that are based on the owner's request, is more extensive than the routine replacement of an existing connection, the owner shall also participate in the differential cost.

(7) Work by permit holder's contractor. The department shall require that work done by the owner's contractor be accomplished at the completion of the department's contract or be scheduled so as not to interfere with the department's contractor. The department may require a surety bond prior to construction of the connection in accordance with WAC 468-51-070. When the number, location or design of existing access connections to the state highway are being modified by a department construction project, the resulting modified access connections shall provide the same general functionality for the existing property use as they did before the modification, taking into consideration the existing site design, normal vehicle types, and traffic circulation requirements.

Notification. The department shall notify affected property owners, permit holders, business owners and/or emergency services, in writing, where appropriate, whenever the department's work program requires the modification, relocation, or replacement of their access connections. In addition to written notification, the department shall facilitate, where appropriate, a public process which may include, but is not limited to, public notices, meetings or hearings, and/or individual meetings. The department shall provide the interested parties with the standards and principles of access management.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-140, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-140, filed 6/24/92, effective 7/25/92.

Wash. Admin. Code § 468-51-150 Adjudicative proceedings.

(1) Application. Any person who has standing to challenge the denial of a permit application in compliance with WAC 468-51-080; a permit with conditions in compliance with WAC 468-51-080; a notice of permit modification, revocation, or closure of permitted connection in compliance with WAC 468-51-120; or notice of closure of an unpermitted connection in compliance with WAC 468-51-130 may apply for an adjudicative proceeding on the matter in compliance with chapter 34.05 RCW, rules adopted thereunder, and department rules within thirty days of the date the initial determination of the department is sent by certified mail.

(2) Conduct. Thereafter, and within the times set forth by chapter 34.05 RCW, rules adopted thereunder, and department rules, the department shall convene an adjudicative proceeding. The proceeding shall be conducted in compliance with chapter 34.05 RCW, rules adopted thereunder, and department rules.

(3) Failure to apply. Failure to apply for an adjudicative proceeding within the times set forth in subsection (1) of this section shall result in the adoption of the department's initial determination as its final determination.

(4) Failure to participate. Failure to attend or otherwise participate in an adjudicative proceeding may result in a finding of default.

(5) Reasonableness of access. The department in its regulation of connections in compliance with chapter 47.50 RCW and these regulations shall allow reasonable access. If the department's final order denies reasonable access, the appellant shall be entitled to just compensation in compliance with RCW 47.50.010(5). Access which is not reasonable is not compensable.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-034 (Order 187), § 468-51-150, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 92-14-044, § 468-51-150, filed 6/24/92, effective 7/25/92.

Chapter 468-52 Highway access management—Access control classification system and standards.

Wash. Admin. Code § 468-52-010 Purpose.

This chapter is adopted in accordance with chapter 47.50 RCW for the implementation of an access control classification system and standards for the regulation and control of vehicular ingress to, and egress from the state highway system.

History

Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 93-03-033 (Order 135), § 468-52-010, filed 1/13/93, effective 2/13/93.

Wash. Admin. Code § 468-52-020 Definitions.

For the purposes of this chapter, the following definitions of the terms shall apply unless the context clearly indicates otherwise:

(1) "Average daily traffic (ADT)" means the volume of traffic passing a point or segment of a highway, in both directions, during a period of time, divided by the number of days in the period and factored to represent an estimate of traffic volume for an average day of the year.

(2) "Conforming connection" means a connection that meets current department location, spacing, and design criteria.

(3) "Connection" means approaches, driveways, turnouts, or other means of providing for the right of access to or from controlled access facilities on the state highway system.

(4) "Connection permit" means a written authorization given by the department for a specifically designed connection to the state highway system at a specific location for a specific type and intensity of property use and specific volume of traffic for the proposed connection, based on the final stage of proposed development of the applicant’s property. The actual form used for this authorization will be determined by the department.

(5) "Contiguous parcels" means two or more pieces of real property under the same ownership with one or more boundaries that touch and have similarity of use.

(6) "Controlled access facility" means a transportation facility (excluding limited access facilities as defined in chapter 47.52 RCW) to which access is regulated by the governmental entity having jurisdiction over the facility. Owners or occupants of abutting lands and other persons have a right of access to and from such facility at such points only and in such manner as may be determined by the governmental entity.

(7) "Corner clearance" means the distance from an intersection of a public or private road to the nearest connection along a controlled access facility. This distance is measured from the closest edge of the traveled way of the intersecting road to the closest edge of the traveled way of the connection measured along the traveled way (through lanes).

(8) "Department" means the Washington state department of transportation.

(9) "Governmental entity" means, for the purpose of this chapter, a unit of local government or officially designated transportation authority that has the responsibility for planning, construction, operation, maintenance, or jurisdiction over transportation facilities.

(10) "Intersection" means an at grade connection on a state highway with a road or street duly established as a public road or public street by the local governmental entity.

(11) "Joint use connection" means a single connection point that serves as a connection to more than one property or development, including those in different ownerships or in which access rights are provided in the legal descriptions.

(12) "Limited access facility" means a highway or street especially designed or designated for through traffic, and over, from, or to which owners or occupants of abutting land, or other persons have no right or easement, or only a limited right or easement of access, light, view, or air by reason of the fact that their property abuts upon such limited access facility, or for any other reason to accomplish the purpose of a limited access facility.

(13) "Nonconforming connection" means a connection not meeting current department location, spacing, or design criteria.

(14) "Permit" means written approval issued by the department, subject to conditions stated therein, authorizing construction, reconstruction, maintenance, or reclassification of a state highway connection and associated traffic control devices on or to the department’s right of way.

(15) "Permitting authority" means the department or any county, municipality, or transportation authority authorized to regulate access to their respective transportation systems.

(16) "State highway system" means all roads, streets, and highways designated as state routes in compliance with chapter 47.17 RCW.

(17) "Reasonable access" means an access connection that is suitable for the existing and/or proposed property use and does not adversely affect the safety, operations or maintenance of the state highway system.

(18) "Variance permit" means a special nonconforming or additional connection permit, issued for a location not normally permitted by current department standards, after an engineering study demonstrates, to the satisfaction of the department, that the connection will not adversely affect the safety, maintenance or operation of the highway in accordance with its assigned classification. This permit will remain valid until modified or revoked by the permitting authority.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-035 (Order 188), § 468-52-020, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 93-03-033 (Order 135), § 468-52-020, filed 1/13/93, effective 2/13/93.

Wash. Admin. Code § 468-52-030 General.

The connection and intersection spacing distances specified in this chapter are minimums. Greater distances may be required by the department on individual permits issued in accordance with chapter 468-51 WAC to provide desirable traffic operational and safety characteristics. If greater distances are required, the department will document, as part of the response to a connection permit application in compliance with chapter 468-51 WAC, the reasons, based on traffic engineering principles, that such greater distances are required. Nonconforming permits may be issued in accordance with chapter 468-51 WAC allowing for less than minimum spacing where no other reasonable access exists, or a variance connection permit may be issued where it can be substantiated by a traffic analysis, to the satisfaction of the department, through the permit application process that allowing less than the minimum spacing or more than the maximum number of connections, would not adversely affect the desired function of the state highway in accordance with the assigned access classification, and would not adversely affect the safety, maintenance or operation of the state highway.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-035 (Order 188), § 468-52-030, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 93-03-033 (Order 135), § 468-52-030, filed 1/13/93, effective 2/13/93.

Wash. Admin. Code § 468-52-040 Access control classification system and standards.

This section provides an access control classification system consisting of five classes. The functional characteristics and the access control design standards for each class are described. The classes are arranged from the most restrictive, class one, to the least restrictive, class five. This access control classification system does not include highways or portions thereof that have been established as limited access highways in compliance with chapter 47.52 RCW. For state highways that are planned for the establishment of limited access control in accordance with the Master Plan for Limited Access Highways, an access control classification will be assigned to each highway segment to remain in effect until such time that the facility is established as a limited access facility.

On all access classes, property access shall be located and designed to minimize interference with transit facilities and/or high occupancy vehicle (HOV) facilities on state highways where such facilities exist or where such facilities are proposed in a state, regional, metropolitan, or local transportation plan. In such cases, if reasonable access is available from the general street system, primary property access shall be provided from the general street system rather than from the state highway.

(1) Class one.

(a) Functional characteristics:

These highways have the capacity for safe and efficient high speed and/or high volume traffic movements, providing for interstate, interregional, and intercity travel needs and some intracity travel needs. Service to abutting land is subordinate to providing service to major traffic movements. Highways in this class are typically distinguished by a highly controlled, limited number of public and private connections, restrictive medians with limited median openings on multilane facilities, and infrequent traffic signals.

(b) Access control design standards:

(i) It is the intent that the design of class one highways be generally capable of achieving a posted speed limit of fifty to sixty-five mph. Spacing of intersecting streets, roads, and highways shall be planned with a minimum spacing of one mile. One-half mile spacing may be permitted, but only when no reasonable alternative access exists.

(ii) Private direct access to the state highway shall not be permitted except when the property has no other reasonable access to the general street system. The following standards will be applied when direct access must be provided:

(A) The access connection shall continue until such time that other reasonable access to a highway with a less restrictive access control classification or access to the general street system becomes available and is permitted.

(B) The minimum distance to another public or private access connection shall be one thousand three hundred twenty feet. Nonconforming connection permits may be issued to provide access to parcels whose highway frontage, topography, or location would otherwise preclude issuance of a conforming connection permit; however, variance permits are not allowed. No more than one connection shall be provided to an individual parcel or to contiguous parcels under the same ownership.

(C) All private direct access shall be for right turns only on multilane facilities, unless special conditions warrant and are documented by a traffic analysis in the connection permit application, signed and sealed by a qualified professional engineer, registered in accordance with chapter 18.43 RCW.

(D) No additional access connections to the state highway shall be provided for newly created parcels resulting from property divisions. All access for such parcels shall be provided by internal road networks. Access to the state highway will be at existing permitted connection locations or at revised connection locations, as conditions warrant.

(iii) A restrictive median shall be provided on multilane facilities to separate opposing traffic movements and to prevent unauthorized turning movements.

(2) Class two.

(a) Functional characteristics:

These highways have the capacity for medium to high speeds and medium to high volume traffic movements over medium and long distances in a safe and efficient manner, providing for interregional, intercity, and intracity travel needs. Direct access service to abutting land is subordinate to providing service to traffic movement. Highways in this class are typically distinguished by existing or planned restrictive medians, where multilane facilities are warranted, and minimum distances between public and private connections.

(b) Access control design standards:

(i) It is the intent that the design of class two highways be generally capable of achieving a posted speed limit of thirty-five to fifty mph in urbanized areas and forty-five to fifty-five mph in rural areas. Spacing of intersecting streets, roads, and highways shall be planned with a minimum spacing of one-half mile. Less than one-half mile intersection spacing may be permitted, but only when no reasonable alternative access exists. In urban areas and developing areas where higher volumes are present or growth that will require signalization is expected in the foreseeable future, it is imperative that the location of any public access be planned carefully to ensure adequate signal progression. Addition of all new connections, public or private, that may require signalization will require an engineering analysis signed and sealed by a qualified professional engineer, registered in accordance with chapter 18.43 RCW.

(ii) Private direct access to the state highway system shall be permitted only when the property has no other reasonable access to the general street system or if access to the general street system would cause traffic operational conditions or safety concerns unacceptable to the local governmental entity. When direct access must be provided, the following conditions shall apply:

(A) The access connection shall continue until such time that other reasonable access to a highway with a less restrictive access control classification or acceptable access to the general street system becomes available and is permitted.

(B) The minimum distance to another public or private access connection shall be six hundred sixty feet. Nonconforming connection permits may be issued to provide access to parcels whose highway frontage, topography, or location would otherwise preclude issuance of a conforming connection permit. No more than one connection shall be provided to an individual parcel or to contiguous parcels under the same ownership unless the highway frontage exceeds one thousand three hundred twenty feet and it can be shown that the additional access would not adversely affect the desired function of the state highway in accordance with the assigned access classification, and would not adversely affect the safety or operation of the state highway.

(C) Variance permits may be allowed if conditions warrant and are demonstrated to the satisfaction of the department by a traffic analysis, signed and sealed by a qualified professional engineer, who is registered in accordance with chapter 18.43 RCW, which is included with the connection permit application.

(D) All private direct access shall be for right turns only on multilane facilities, unless special conditions warrant and are demonstrated, to the satisfaction of the department, by a traffic analysis, signed and sealed by a qualified professional engineer, who is registered in accordance with chapter 18.43 RCW, included with the connection permit application and only if left turn channelization is provided.

(E) No additional access connections to the state highway shall be provided for newly created parcels resulting from property divisions. All access for such parcels shall be provided by internal road networks. Access to the state highway will be at existing permitted connection locations or at revised connection locations, as conditions warrant.

(iii) On multilane facilities a restrictive median shall be provided to separate opposing traffic movements and to prevent unauthorized turning movements; however, a nonrestrictive median or a two way left turn lane may be used when special conditions exist and mainline volumes are below 20,000 ADT.

(3) Class three.

(a) Functional characteristics:

These highways have the capacity for moderate travel speeds and moderate traffic volumes for medium and short travel distances providing for intercity, intracity, and intercommunity travel needs. There is a reasonable balance between direct access and mobility needs for highways in this class. This class is to be used primarily where the existing level of development of the adjoining land is less intensive than maximum buildout and where the probability of significant land use change and increased traffic demand is high. Highways in this class are typically distinguished by planned restrictive medians, where multilane facilities are warranted, and minimum distances between public and private connections. Two-way left-turn-lanes may be utilized where special conditions warrant and mainline traffic volumes are below 25,000 ADT. Development of properties with internal road networks and joint access connections are encouraged.

(b) Access control design standards:

(i) It is the intent that the design of class three highways be generally capable of achieving a posted speed limit of thirty to forty mph in urbanized areas and forty-five to fifty-five mph in rural areas. In rural areas, spacing of intersecting streets, roads, and highways shall be planned with a minimum spacing of one-half mile. Less than one-half mile intersection spacing may be permitted, but only when no reasonable alternative access exists. In urban areas and developing areas where higher volumes are present or growth that will require signalization is expected in the foreseeable future, it is imperative that the location of any public access be planned carefully to ensure adequate signal progression. Where feasible, major intersecting roadways that may ultimately require signalization shall be planned with a minimum of one-half mile spacing. Addition of all new connections, public or private, that may require signalization will require an engineering analysis signed and sealed by a qualified professional engineer, registered in accordance with chapter 18.43 RCW.

(ii) Private direct access:

(A) No more than one access shall be provided to an individual parcel or to contiguous parcels under the same ownership unless it can be shown that additional access points would not adversely affect the desired function of the state highway in accordance with the assigned access classification, and would not adversely affect the safety or operation, of the state highway.

(B) The minimum distance to another public or private access connection shall be three hundred thirty feet. Nonconforming connection permits may be issued to provide access to parcels whose highway frontage, topography, or location would otherwise preclude issuance of a conforming connection permit.

(4) Class four.

(a) Functional characteristics:

These highways have the capacity for moderate travel speeds and moderate traffic volumes for medium and short travel distances providing for intercity, intracity, and intercommunity travel needs. There is a reasonable balance between direct access and mobility needs for highways in this class. This class is to be used primarily where the existing level of development of the adjoining land is more intensive and where the probability of major land use changes is less probable than on class three highway segments. Highways in this class are typically distinguished by existing or planned nonrestrictive medians. Restrictive medians may be used as operational conditions warrant to mitigate turning, weaving, and crossing conflicts. Minimum connection spacing standards should be applied if adjoining properties are redeveloped.

(b) Access control design standards:

(i) It is the intent that the design of class four highways be generally capable of achieving a posted speed limit of thirty to thirty-five mph in urbanized areas and thirty-five to forty-five mph in rural areas. In rural areas, spacing of intersecting streets, roads, and highways shall be planned with a minimum spacing of one-half mile. Less than one-half mile intersection spacing may be permitted, but only when no reasonable alternative access exists. In urban areas and developing areas where higher volumes are present or growth that will require signalization is expected in the foreseeable future, it is imperative that the location of any public access be planned carefully to ensure adequate signal progression. Where feasible, major intersecting roadways that may ultimately require signalization shall be planned with a minimum of one-half mile spacing. Addition of all new connections, public or private, that may require signalization will require an engineering analysis signed and sealed by a qualified professional engineer, registered in accordance with chapter 18.43 RCW.

(ii) Private direct access:

(B) The minimum distance to another public or private access connection shall be two hundred fifty feet. Nonconforming connection permits may be issued to provide access to parcels whose highway frontage, topography, or location would otherwise preclude issuance of a conforming connection permit.

(5) Class five.

(a) Functional characteristics:

These highways have the capacity for moderate travel speeds and moderate traffic volumes for primarily short travel distances providing for intracity and intracommunity trips primarily for access to state highways of higher classification. Access needs may generally be higher than the need for through traffic mobility without compromising the public health, welfare, or safety. These highways will generally have nonrestrictive medians.

(b) Access control design standards:

(i) It is the intent that the design of class five highways be capable of achieving a posted speed limit of twenty-five to thirty-five mph. In rural areas, spacing of intersecting streets, roads, and highways shall be planned with a minimum spacing of one-quarter mile. Less than one-quarter mile spacing may be permitted where no reasonable alternative exists. In urban areas and developing areas where higher volumes are present or growth that will require signalization is expected in the foreseeable future, it is imperative that the location of any public access be planned carefully to ensure adequate signal progression. Where feasible, major intersecting roadways that may ultimately require signalization shall be planned with a minimum of one-quarter mile spacing. Addition of all new connections, public or private, that may require signalization will require an engineering analysis signed and sealed by a qualified professional engineer, registered in accordance with chapter 18.43 RCW.

(ii) Private direct access:

(B) The minimum distance to another public or private access connection shall be one hundred twenty-five feet. Nonconforming connection permits may be issued to provide access to parcels whose highway frontage, topography, or location would otherwise preclude issuance of a conforming connection permit.

(6) Corner clearance. Corner clearances for connections shall meet or exceed the minimum connection spacing requirements of the applicable access class where the highway segment has been assigned a classification. A single connection may be placed closer to the intersection, in compliance with the permit application process specified in chapter 468-51 WAC, and in accordance with the following criteria:

(a) If, due to property size, corner clearance standards of this chapter cannot be met, and where joint access meeting or exceeding the minimum corner clearance standards cannot be obtained, or is determined by the department to be not feasible because of conflicting land use or conflicting traffic volumes or operational characteristics, then the following minimum corner clearance criteria may be used:

| corner clearance at intersections | | | | --- | --- | --- | | With Restrictive Median | | | | Position | Access Allowed | Minimum (feet) | | Approaching intersection | Right In/Right Out | 115 | | Approaching intersection | Right In Only | 75 | | Departing intersection | Right In/Right Out | 230* | | Departing intersection | Right Out Only | 100 |

| Without Restrictive Median | | | | --- | --- | --- | | Position | Access Allowed | Minimum (feet) | | Approaching intersection | Full Access | 230* | | Approaching intersection | Right In Only | 100 | | Departing intersection | Full Access | 230* | | Departing intersection | Right Out Only | 100 |

| * | For Access Class 5 and for speeds less than thirty-five mph, one hundred twenty-five feet may be used. | | --- | --- |

(b) In cases where connections are permitted under the above criteria, the permit issued in compliance with chapter 468-51 WAC shall contain the following additional conditions:

(i) There shall be no more than one connection per property frontage on the state highway.

(ii) When joint or alternate access meeting or exceeding the minimum corner clearance standards becomes available, the permit holder shall close the permitted connection, unless the permit holder shows to the department's satisfaction that such closure is not feasible.

(iii) Variance permits are not allowed.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-035 (Order 188), § 468-52-040, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 93-03-033 (Order 135), § 468-52-040, filed 1/13/93, effective 2/13/93.

Wash. Admin. Code § 468-52-050 Application of access control classification system standards.

(1) Review of permits on classified highway segments. Connection permit applications on controlled access facilities of the state highway system received on a particular segment that has been classified in accordance with this chapter shall be reviewed subject to the requirements of this chapter in compliance with the permit application process specified in chapter 468-51 WAC.

(2) Prior approvals. Connections permitted prior to the adoption of this chapter and unpermitted connections that do not require closure in accordance with WAC 468-51-030 are not required to meet the interim standards or the standards of assigned access classifications adopted in compliance with this chapter.

(3) New permits required by chapter 468-51 WAC. All new connection permits required due to significant changes in property site use in compliance with WAC 468-51-110, or permit modification in compliance with WAC 468-51-120 shall be reviewed subject to the requirements of this chapter.

(4) Permits approved under interim standards. Connection permits that were issued in accordance with the interim standards in WAC 468-52-040 on a highway segment where an access classification had not been adopted shall remain in effect after adoption of an access classification on that highway segment unless a new permit is required due to changes in property site use in compliance with WAC 468-51-110 or unless permit modification, revocation, or closure of the permitted connection is required in compliance with WAC 468-51-120.

(5) Nonconforming permits. Nonconforming permits may be issued in accordance with WAC 468-51-100 for certain connections not meeting the interim standards in WAC 468-52-040 or the access classification location and spacing standards adopted for a particular highway segment.

(6) Variance permits. Variance permits may be issued in accordance with WAC 468-51-105 for certain connections not meeting the access classification standards for location, spacing or exceed the number of connections allowed by the standards adopted for a particular highway segment. These permits may be allowed if conditions warrant and are demonstrated to the satisfaction of the department by a traffic analysis, signed and sealed by a qualified professional engineer who is registered in accordance with chapter 18.43 RCW, and included in the connection permit application, and will remain in effect unless a new permit is required due to changes in property site use in compliance with WAC 468-51-110 or unless permit modification, revocation, or closure of the permitted connection is required in compliance with WAC 468-51-120.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-035 (Order 188), § 468-52-050, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 93-03-033 (Order 135), § 468-52-050, filed 1/13/93, effective 2/13/93.

Wash. Admin. Code § 468-52-060 Assignment of access control classifications to highway segments.

The assignment of an access control classification to all controlled access segments of the state highway system shall be the responsibility of the department. The process to be followed in assigning the classifications is as follows:

(1) Defining segments. The determination of the length and termini of segments shall be the responsibility of the department working in cooperation with the Regional Transportation Planning Organizations, Metropolitan Planning Organizations, and the appropriate local governmental entities.

(a) Segments of highways to be assigned to a particular access control classification shall be defined by the department in cooperation with local governments. The length and termini of segments shall take into consideration the mobility and access needs of the traveling public, the access needs of the existing and proposed land use abutting the highway segment, and the existing and desired mobility characteristics of the roadway. The number of classification changes occurring along a particular highway shall be minimized to provide highway system continuity, uniformity, and integrity to the maximum extent feasible. The segments shall not necessarily be confined by local jurisdictional boundaries. Points of transition between classifications along a particular route should be located on boundaries, or coincident with identifiable physical features.

(2) Assignment of classifications. All segments of all controlled access facilities on the state highway system shall be assigned to one of the access control classes one through five. The assignment of a classification to a specific segment of highway shall be the responsibility of the department. The classification shall be made in cooperation with the Regional Transportation Planning Organization, Metropolitan Planning Organization, and the appropriate local governmental entities. For city streets that are designated as state highways in compliance with chapter 47.24 RCW, the department will obtain concurrence in the final class assignment from the city or town for those state highways where the city or town is the permitting authority. The assignment of a classification shall take into consideration the following factors:

(a) Local land use plans, zoning, and land development regulations as set forth in adopted comprehensive plans;

(b) The current and potential functional classification of the highway;

(d) Existing and projected state, local, and metropolitan planning organization transportation plans and needs including consideration of new or improved parallel facilities;

(e) Drainage requirements;

(f) The character of the lands adjoining the highway;

(g) The type and volume of traffic requiring access;

(h) Other operational aspects of access, including corridor accident history;

(i) The availability of reasonable access to the state highway by way of county roads or city streets as an alternative to a connection to the state highway;

(j) The cumulative effect of existing and projected connections on the state highway system’s ability to provide for the safe and efficient movement of people and goods within the state.

(3) Changes in jurisdiction. When the boundaries of an incorporated city or town are revised to include a portion of a controlled access state highway resulting in a change in the permitting authority from the department to the city or town in accordance with chapter 47.24 RCW, the access classification of that portion of the state highway shall remain unchanged unless modified in accordance with WAC 468-52-070.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-035 (Order 188), § 468-52-060, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 93-03-033 (Order 135), § 468-52-060, filed 1/13/93, effective 2/13/93.

Wash. Admin. Code § 468-52-070 Review and modification of classifications.

(1) Department initiated action. The department may, at any time, initiate a review of the access control classification of any segment of any state highway. When a major change occurs in any of the factors noted in WAC 468-52-060(2), the department shall review the access classification for the specific segments of any state highway affected by the change. Prior to the initiation of any change in classification of a highway segment, the department shall notify in writing the appropriate Regional Transportation Planning Organization, Metropolitan Planning Organization, and local governmental entities. The department will consult with the RTPO, MPO, and local governmental entities and shall take into consideration, any comments or concerns received during the review process. For city streets that are designated as state highways in compliance with chapter 47.24 RCW, the department will obtain concurrence in the final class assignment from the city or town for those state highways where the city or town is the permitting authority. The department shall notify the RTPO, MPO, and local governmental entities in writing of the final determination of the reclassification action.

(2) Requests for departmental review. A Regional Transportation Planning Organization, Metropolitan Planning Organization, or local governmental entity may request, in writing, at any time that the secretary of transportation initiate a review of the access control classification of a specific segment or segments of a state highway(s). Such written request shall identify the segment(s) of state highway for which the review is requested and shall include a specific recommendation for the reclassification of the highway segment(s) involved. Justification for the requested change shall be provided in the request taking into account the standards and criteria in WAC 468-52-040 and 468-52-060. The department will consult with the RTPO, MPO, and local governmental entities involved and shall take into consideration, any comments or concerns received during the review process. The department shall notify the RTPO, MPO, and local governmental entities in writing of the final determination of the reclassification action.

Other interested persons or organizations who wish to initiate a review of the access control classification of a specific highway segment shall do so through the local governmental entity, MPO, or RTPO.

History

Statutory Authority: Chapter 47.50 RCW. WSR 99-06-035 (Order 188), § 468-52-070, filed 2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. WSR 93-03-033 (Order 135), § 468-52-070, filed 1/13/93, effective 2/13/93.

Chapter 468-54 Limited access hearings.

Wash. Admin. Code § 468-54-010 Definitions.

As used in these rules:

(1) "Fully controlled limited access highway" is a highway where the right of owner or occupants of abutting land or other persons to access, light, air or view in connection with the highway is controlled to give preference to through traffic by providing access connections with selected public roads only, and by prohibiting crossings or direct private driveway connections at grade.

(2) "Partially controlled limited access highway" is a highway where the right of owner or occupants of abutting land or other persons to access, light, air or view in connection with the highway is controlled to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings and some private driveway connections at grade. Commercial approaches to partially controlled limited access highways are allowed only to frontage roads or by means of public road intersections. A partially controlled limited access highway may be designed to provide for separation of a part or all road crossings and the elimination of a part or all direct private driveway connections under a stage plan of future construction.

(3) "Modified controlled limited access highway" is a highway where the right of owner or occupants of abutting land or other persons to access, light, air, or view in connection with the highway is controlled to give preference to through traffic to such a degree that most approaches, including commercial approaches, existing and in use at the time of the establishment, may be allowed.

(4) "An expressway limited access highway" is a partially controlled limited access highway of four or more traffic lanes with the opposing lanes of travel separated by a median strip of arbitrary width.

(5) "A freeway limited access highway" is a fully controlled limited access highway of four or more traffic lanes with the opposing traffic lanes separated by a median strip of arbitrary width.

(6) "Party" is any person, county, city or town who is entitled to notice of a limited access hearing and who has entered a written appearance at the hearing.

History

Statutory Authority: RCW 47.52.020. WSR 79-08-059 (Order 32), § 468-54-010, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-54-010, filed 12/20/78. Formerly WAC 252-06-010.

Wash. Admin. Code § 468-54-020 Establishment of limited access facilities—Initiation.

Proceedings to establish a limited access facility may be initiated by interested persons owning property in the vicinity of the proposed facility or by the department of transportation. If the secretary of transportation ascertains that there is merit in the proposal, he will prepare an order designating the portion of the highway, road or street where the limited access highway may be established. When a public hearing is required, the secretary shall by order fix the date and place where the proposal may be heard.

History

Statutory Authority: RCW 47.01.071. WSR 91-18-023 (Order 73), § 468-54-020, filed 8/27/91, effective 9/27/91. Statutory Authority: RCW 47.52.133, 47.52.145, 47.52.210 and chapter 95, Laws of 1981. WSR 81-19-088 (Order 27, Resolution No. 123), § 468-54-020, filed 9/17/81. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-54-020, filed 12/20/78. Formerly WAC 252-06-030.

Wash. Admin. Code § 468-54-040 Notice of hearing.

Notice of the proposal to establish a limited access highway facility shall be given to the owners of property abutting the section of any existing highway being established as a limited access facility, as indicated in the tax rolls of the county and to the county and/or city or town in which the facility is proposed to be established. The notice shall be by United States mail setting forth a time and place for the hearing to be held not less than fifteen days after mailing the notice. Notice of such hearing shall also be published not less than fifteen days prior to the hearing in one or more newspapers of general circulation within such county, city or town. Such notice shall indicate a suitable location where plans for such proposal may be inspected. Notice given as herein provided shall be deemed sufficient as to any owner or reputed owner or any unknown owner or owner who cannot be located and to the county, city or town. A single hearing may be held for a proposed facility which is located in more than one county, city or town, provided that notice is given to each county, city or town.

History

Statutory Authority: RCW 47.01.071. WSR 91-18-023 (Order 73), § 468-54-040, filed 8/27/91, effective 9/27/91. Statutory Authority: RCW 47.52.020. WSR 79-08-059 (Order 32), § 468-54-040, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-54-040, filed 12/20/78. Formerly WAC 252-06-050.

Wash. Admin. Code § 468-54-050 Conduct of hearing.

At such hearing the secretary of transportation shall preside, or the secretary may designate some suitable person to preside as examiner. The hearing may, at the option of the secretary, be conducted in accordance with federal laws and regulations governing highway design public hearings. The department shall introduce by competent evidence a summary of the proposal for the establishment of a limited access facility and any evidence that supports the adoption of the plan as being in the public interest. At the conclusion of the evidence presented by the department, evidence and statements or counterproposals bearing upon the reasonableness of the proposal may be introduced. Such evidence must be material to the issues before the secretary and shall be presented in an orderly manner. Any such evidence and statements or counterproposals shall receive reasonable consideration by the secretary before any proposal is adopted.

History

Statutory Authority: RCW 47.01.071. WSR 91-18-023 (Order 73), § 468-54-050, filed 8/27/91, effective 9/27/91. Statutory Authority: RCW 47.52.133, 47.52.145, 47.52.210 and chapter 95, Laws of 1981. WSR 81-19-088 (Order 27, Resolution No. 123), § 468-54-050, filed 9/17/81. Statutory Authority: RCW 47.52.020. WSR 79-08-059 (Order 32), § 468-54-050, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-54-050, filed 12/20/78. Formerly WAC 252-06-060.

Wash. Admin. Code § 468-54-065 Hearing officer.

The secretary of transportation may designate any suitable person as examiner with respect to hearings on any limited access proposal. Subject to later review and ruling by the secretary, such examiner may:

(1) Examine witnesses, and receive evidence;

(3) Rule on offers of proof and receive relevant evidence;

(4) Regulate the course of the hearing;

(5) Hold conferences for the settlement or simplification of the issues by consent of the parties;

(6) Dispose of procedural requests or similar matters;

(7) Accept statements as to the reasonableness of the proposal; and

(8) Establish time limits for speakers, when necessary to assure that all persons attending will have an opportunity to present relevant and material statements without undue repetition.

History

Statutory Authority: RCW 47.01.071. WSR 91-18-023 (Order 73), § 468-54-065, filed 8/27/91, effective 9/27/91. Statutory Authority: RCW 47.52.133, 47.52.145, 47.52.210 and chapter 95, Laws of 1981. WSR 81-19-088 (Order 27, Resolution No. 123), § 468-54-065, filed 9/17/81. Statutory Authority: RCW 47.52.020. WSR 79-08-059 (Order 32), § 468-54-065, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-54-065, filed 12/20/78. Formerly WAC 252-06-065.

Wash. Admin. Code § 468-54-070 Hearing—Findings or order—Finality.

At the conclusion of such hearing the secretary of transportation shall consider the evidence taken at such hearing and shall make specific findings in the case of each proposal or counterproposal and shall adopt a plan with such modifications, if any, he deems proper and necessary. The secretary may order the adoption of any proposal or counterproposal in its entirety or in part, or may modify or reject any such proposal or counterproposal. The secretary's findings or order shall be in writing and copies thereof shall be served by United States mail upon all persons having entered a written appearance at such hearing and upon the county commissioners of the county affected and/or the mayor of the city or town affected. The secretary shall also cause a resume of such plan to be published once each week for two weeks in one or more newspapers of general circulation within such county, city or town beginning not less than ten days after the mailing of such findings and order. Such determination by the secretary shall become final within thirty days after such mailing unless a review is taken as by statute provided. In case of an appeal by any party the order shall be final as to all parties not appealing.

History

Statutory Authority: RCW 47.01.071. WSR 91-18-023 (Order 73), § 468-54-070, filed 8/27/91, effective 9/27/91. Statutory Authority: RCW 47.52.133, 47.52.145, 47.52.210 and chapter 95, Laws of 1981. WSR 81-19-088 (Order 27, Resolution No. 123), § 468-54-070, filed 9/17/81. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-54-070, filed 12/20/78. Formerly WAC 252-06-070.

Wash. Admin. Code § 468-54-080 Copies of transcripts of limited access hearings.

Copies of transcripts and other hearing documents may be obtained from the headquarters office of the department of transportation. Charges for such copies shall be at the rates established for copying other public records of the department, as authorized by RCW 42.17.300. An additional charge may be imposed for certifying to any copy furnished.

History

Statutory Authority: RCW 47.52.020. WSR 79-08-059 (Order 32), § 468-54-080, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-54-080, filed 12/20/78. Formerly WAC 252-06-100.

Chapter 468-58 Limited access highways.

Wash. Admin. Code § 468-58-010 Definitions.

The following definitions shall designate limited access highways and shall indicate the control of access to be exercised by each:

(1) "Fully controlled limited access highway" is a highway where the right of owner or occupants of abutting land or other persons to access, light, air, or view in connection with the highway is controlled to give preference to through traffic by providing access connections with selected public roads only, and by prohibiting crossings or direct private driveway connections at grade, with the exception of Type C and F approaches, where no other reasonable means of access exists as solely determined by the department.

(2) "Partially controlled limited access highway" is a highway where the right of owner or occupants of abutting land or other persons to access, light, air, or view in connection with the highway is controlled to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings and some private driveway connections at grade. Commercial approaches to partially controlled limited access highways are allowed only to frontage roads or by means of public road intersections. A partially controlled limited access highway may be designed to provide for separation of a part or all road crossings and the elimination of a part or all direct private driveway connections under a stage plan of future construction.

(5) "A freeway limited access highway" is a fully controlled limited access highway of four or more traffic lanes with the opposing traffic lanes separated by a median strip of arbitrary width.

History

Statutory Authority: RCW 47.52.027. WSR 03-23-048, § 468-58-010, filed 11/14/03, effective 12/15/03. Statutory Authority: RCW 47.52.020. WSR 79-08-061 (Order 34), § 468-58-010, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-58-010, filed 12/20/78. Formerly WAC 252-20-010.

Wash. Admin. Code § 468-58-020 Revision to limited access highway facilities.

Subject to the requirements for public hearings, the transportation commission may adopt revisions to duly established limited access highway facilities, or may delegate authority for such revisions to the secretary of transportation. The secretary, at his discretion, may further delegate such authority.

History

Statutory Authority: RCW 47.52.133, 47.52.145, 47.52.210 and chapter 95, Laws of 1981. WSR 81-19-088 (Order 27, Resolution No. 123), § 468-58-020, filed 9/17/81. Statutory Authority: RCW 47.52.020. WSR 79-08-061 (Order 34), § 468-58-020, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-58-020, filed 12/20/78. Formerly WAC 252-20-020.

Wash. Admin. Code § 468-58-030 Limited access highways—Policies on commercial approaches, common carrier and school bus stops, mail box locations and pedestrian crossings.

(1) Fully controlled limited access highways:

(a) No commercial approaches shall be permitted direct access to main roadway but only to frontage roads when these are provided in the access plan or to the crossroads of interchanges outside the limits of full access control.

(b) No common carrier bus stops other than required by law shall be permitted except at locations provided by the state on the interchanges or, in exceptional cases, along the main roadway where pedestrian separation is available.

(d) No mail boxes shall be permitted except on frontage roads.

(e) Pedestrian crossings shall not be permitted at grade.

(2) Partially controlled limited access highways:

(a) No commercial approaches shall be permitted except on frontage roads provided in the access plan or at intersections.

(b) Bus stops for both common carriers and school buses shall not be permitted other than as required by law on either two or four lane highways, except as follows:

(i) At locations of intersections, with necessary lanes to be constructed by the state;

(ii) Where shoulder widening has been provided for mail delivery service;

(iii) For a designated school bus stop on the traveled lane or adjacent thereto which has been approved by the department of transportation.

(c) Pedestrian grade crossings will be permitted only where a grade crossing is provided, except that pedestrian crossings will be permitted on two lane highways at mail box locations or at points designated for school children to cross as provided in (d) of this subsection.

(d) Pedestrian crossings are prohibited in the immediate vicinity of school bus stops which are located adjacent to the traveled way. Pedestrian crossings may be permitted:

(i) On two lane highways not less than 100 feet from a school bus stop adjacent to the traveled lane, if school district and department of transportation personnel determine that stopping in the traveled lane is hazardous.

(ii) On two lane highways at the school bus when stopped on the traveled lane to load or unload passengers and the proper sign and signal lights displayed.

(e) School bus stops on partially controlled access highways shall be posted with school bus stop signs, in accordance with the latest edition of the Manual on Uniform Traffic Control Devices.

(f) The list of designated school bus stops approved by the department of transportation will be kept on file and maintained by the headquarters traffic engineer.

(g) Mail boxes shall be located on frontage roads or at intersections, with the following exceptions for properties which are served by Type A or B approaches:

(i) Mail boxes for Type A or B approaches on a four lane highway shall be located only on the side of the highway on which the approach is provided;

(ii) Mail boxes for Type A or B approaches on a two lane highway shall all be located on that side of the highway which is on the right in the direction of the mail delivery.

(3) Modified control limited access highways:

(a) Commercial approaches to modified controlled limited access highways may be permitted only where and in the manner specifically authorized at the time the plan is established and access rights are obtained.

(b) Bus stops and pedestrian crossings may be permitted as follows:

(i) In rural areas, bus stops and pedestrian crossings shall be subject to the same restrictions as on partial controlled limited access highways.

(ii) In urban areas bus stops for both commercial carriers and school buses may be permitted without restrictions other than those required by law.

(i) Mail boxes on a four-lane highway shall be located only on the side of the highway on which the approach is provided.

(ii) Mail boxes on a two-lane highway shall all be located on that side of the highway which is on the right in the direction of the mail delivery.

History

Statutory Authority: RCW 47.52.020, 47.36.050, and 47.36.030. WSR 24-21-080, s 468-58-030, filed 10/15/24, effective 11/15/24. Statutory Authority: RCW 47.52.020. WSR 79-08-061 (Order 34), § 468-58-030, filed 7/23/79. Statutory Authority: RCW 47.36.050. WSR 79-08-060 (Order 33), § 468-58-030, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-58-030, filed 12/20/78. Formerly WAC 252-20-030.

Wash. Admin. Code § 468-58-050 Prohibition of nonmotorized traffic on fully controlled limited access highways.

(1) All nonmotorized traffic shall be prohibited on state highways which have been established and constructed as fully controlled limited access facilities, and signs giving notice of such prohibition shall be posted upon all such highways.

(2) This prohibition of nonmotorized traffic on fully controlled limited access highways shall not apply to:

(a) Pedestrian overcrossings and undercrossings or other facilities provided specifically for the use of such traffic.

(b) Bicycles utilizing the right-hand shoulders; except where the secretary of transportation or his designee has prohibited such use. Signs giving notice of such prohibition shall be posted for those sections where such usage is prohibited.

History

Statutory Authority: RCW 47.52.025 and 46.61.160. WSR 82-01-029 (Order 70), § 468-58-050, filed 12/14/81. Statutory Authority: RCW 47.36.050. WSR 80-05-027 (Order 53), § 468-58-050, filed 4/15/80. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-58-050, filed 12/20/78. Formerly WAC 252-20-040.

Wash. Admin. Code § 468-58-060 Regulations for bicyclists traveling in a group or caravan on partially controlled limited access highways.

(1) Riding single file on the usable shoulder is encouraged.

(2) Care and caution as well as compliance with rules of the road and traffic control devices - signs, signals and markings shall be exercised by bicycle operators when traveling upon state highways.

(3) No person operating a bicycle shall stop on a bridge or other structure, except on a sidewalk or other area not less than three feet wide separated from the traveled roadway by a painted stripe or a physical barrier.

(4) When traveling in a large group, caravan or expedition, the size of travel units shall be limited to a maximum of six bicyclists per unit.

(5) The maximum number of units in a group, caravan or expedition shall not exceed twenty-five.

(6) Travel units of bicyclists shall maintain a minimum spacing between travel units of 500 feet to provide passing opportunities for motor vehicle operators.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-58-060, filed 12/20/78. Formerly WAC 252-20-060.

Wash. Admin. Code § 468-58-080 Guides for control of access on crossroads and interchange ramps.

(1) Fully controlled highways, including interstate.

(a) There shall be no connections to abutting property or local service or frontage roads within the full length of any "off" or "on" interchange ramp from a fully controlled limited access highway except as authorized under (e) of this subsection. Such ramp shall be considered to terminate at its intersection with the local road which undercrosses or overcrosses the limited access facility, provided that in urban areas "off" and "on" ramps may be terminated at local streets other than crossroads where necessary to service existing local traffic.

(b) There shall be no direct connections from the limited access facility in rural areas to local service or frontage roads except through interchanges.

(c) In both urban and rural areas access control on a fully controlled highway shall be established along the crossroad at an interchange for a minimum distance of three hundred feet beyond the centerline of the ramp or terminus of transition taper. If a frontage road or local road is located in a generally parallel position within three hundred fifty feet of a ramp, access control should be established along the crossroad and in addition for a minimum distance of one hundred thirty feet in all directions from the center of the intersection of the parallel road and crossroad.

(d) Full control of access should be provided along the crossroad from the centerline of a ramp or terminus of a transition taper for a minimum distance of three hundred feet. Upon determination by the department, full control of access may be provided for the first one hundred thirty feet from the centerline of the ramp or terminus of a transition taper and partial control or modified control of access may be provided for the remainder of the distance to the frontage road or local road for a total minimum distance for the two types of control of three hundred feet. Type A, B, C, D, E, and F road approaches, as defined hereafter under subsection (3) of this section, "general," may be permitted on that portion of the crossroad on which partial or modified control of access is established.

(e) Direct ramp access for transit buses may be allowed where solely determined by the department.

(2) Partially controlled highways.

(a) There shall be no connections to abutting property or local service or frontage roads within the full length of any "off" or "on" interchange ramp from a partially controlled limited access highway. Such ramp shall be considered to terminate at its intersection with the local road which undercrosses or overcrosses the limited access facility, provided that in urban areas "off" and "on" ramps may be terminated at local streets other than crossroads where necessary to service existing local traffic.

(b) In both urban and rural areas access control on a partially controlled highway shall be established along the crossroad at an interchange for a minimum distance of three hundred feet beyond the centerline of the ramp or terminus of transition taper. If a frontage road or local road is located in a generally parallel position within three hundred fifty feet of a ramp, access control should be established along the crossroad and in addition for a minimum distance of one hundred thirty feet in all directions from the center of the intersection of the parallel road and crossroad.

(c) Access control limits at the crossroads on a partially controlled highway should be established along the crossroad at a grade intersection for a minimum distance of three hundred feet from the centerline of the nearest directional roadway. If a parallel road is located within three hundred fifty feet of said grade intersection, access control should be established along the crossroad and in addition for a minimum distance of one hundred thirty feet in all directions from the center of the intersection of the parallel road and crossroad. Type D, E, and F approaches may be permitted closer than one hundred thirty feet from the center of the intersection only when they already exist and cannot reasonably be relocated.

(d) Access control limits at intersections on modified control highways should be established along the cross road for a minimum distance of one hundred thirty feet from the centerline of a two-lane highway or for a minimum of one hundred thirty feet from centerline of the nearest directional roadway of a four-lane highway. Type D, E, and F approaches should be allowed within this area only when no other reasonable alternative is available.

(3) General.

(a) Access control may be increased or decreased beyond or under the minimum requirements to fit local conditions if so determined by the department.

(b) Type A, B, C, D, E, and F approaches are defined as follows:

(i) Type A approach. Type A approach is an off and on approach in legal manner, not to exceed thirty feet in width, for sole purpose of serving a single family residence. It may be reserved by abutting owner for specified use at a point satisfactory to the state at or between designated highway stations.

(ii) Type B approach. Type B approach is an off and on approach in legal manner, not to exceed fifty feet in width, for use necessary to the normal operation of a farm, but not for retail marketing. It may be reserved by abutting owner for specified use at a point satisfactory to the state at or between designated highway stations.

(iii) Type C approach. Type C approach is an off and on approach in legal manner, for special purpose and width to be agreed upon. It may be specified at a point satisfactory to the state at or between designated highway stations.

(iv) Type D approach is an off and on approach in a legal manner not to exceed fifty feet in width for use necessary to the normal operation of a commercial establishment. It may be specified at a point satisfactory to the state at or between designated highway stations.

(v) Type E approach is a separated off and on approach in a legal manner, with each opening not exceeding thirty feet in width, for use necessary to the normal operations of a commercial establishment. It may be specified at a point satisfactory to the state at or between designated highway stations.

(vi) Type F approach is an off and on approach in a legal manner, not to exceed thirty feet in width, for the sole purpose of serving a wireless communication site. It may be specified at a point satisfactory to the state at or between designated highway stations.

The state shall only authorize such approach by the issuance of a nonassignable permit. The permit allows site access for the normal construction, operation and maintenance of the wireless communication site for the permit holder and its contractors but not its subtenants. If a sale or merger occurs that affects an existing wireless communication site, the new wireless communication provider will be authorized to utilize said approach upon the state's receipt of written notice of the sale or merger action. The wireless communication site access permit may be canceled upon written notice for reasons specified in the wireless communication site access permit general provisions. The permit will only be issued if it meets all state criteria, including, but not limited to, design and safety standards.

Only one wireless communication site access user per permit shall be allowed, but more than one permit may be issued for a single Type F approach.

Each permitted access user shall be required to pay to the state five hundred dollars annually in compensation for use of the state-owned access rights, at the time of the issuance of the permit and each year thereafter.

Since the state is the owner of the access, Type F approach permits shall not be issued pursuant to chapter 47.50 RCW and shall not confer a property right upon the permittee(s). An applicant for a Type F approach permit shall pay a nonrefundable access application fee when application is made in the amount of five hundred dollars for investigating, handling and granting the permit.

An application for wireless communication site access permit shall receive a response from the department of transportation within thirty working days from date of receipt of said application.

(c) Under no circumstances will a change in location or width of an approach be permitted unless approved by the secretary. Noncompliance or violation of these conditions will result in the immediate closure of the approach.

(d) Commercial approaches shall not be permitted within the limits of access control except where modified access control has been approved by the department.

(e) All access control shall be measured from the centerline of the ramps, crossroads or parallel roads or from the terminus of transition tapers. On multiple lane facilities measurement shall be from the centerline of the nearest directional roadway.

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History

Statutory Authority: RCW 47.52.027 and 47.01.101. WSR 20-21-040, § 468-58-080, filed 10/13/20, effective 11/13/20. Statutory Authority: RCW 47.52.027. WSR 03-11-076, § 468-58-080, filed 5/20/03, effective 6/20/03. Statutory Authority: RCW 47.01.101(5). WSR 87-15-021 (Order 109), § 468-58-080, filed 7/8/87. Statutory Authority: RCW 47.52.020. WSR 79-08-061 (Order 34), § 468-58-080, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-58-080, filed 12/20/78. Formerly WAC 252-20-051.

Wash. Admin. Code § 468-58-090 Guides for application of access control of state highways.

(1) Fully controlled limited access highways:

(a) All interstate highways shall require full access control.

(b) All principal arterial highways requiring four or more through traffic lanes within a twenty-year design period, shall require full control of access, unless approved for partial or modified access control on existing highways by the secretary of transportation or his designee.

(2) Partially controlled limited access highways:

(a) Principal arterial highways requiring two through traffic lanes where the estimated traffic volumes exceed three thousand average daily traffic within a twenty-year design period shall require partial control of access, unless approved for modified access control on existing highways by the secretary of transportation or his designee.

(b) Rural minor arterial highways on both new and existing location and urban minor arterial highways on new location, requiring four or more through traffic lanes within a twenty- year design period, or requiring only two through traffic lanes where the estimated traffic volumes exceed three thousand average daily traffic within a twenty-year design period, shall require partial control of access; however, modified access control may be applied on existing location when approved by the secretary of transportation or his designee.

(c) Collector highways on new location requiring four or more through traffic lanes in a twenty-year design period shall require partial control of access.

(d) Other rural minor arterial highways with only two lanes may be considered for partial or modified control of access if the control can be acquired at a reasonable cost; if the route connects two highways of a higher classification; if the potential land development would result in numerous individual approaches such as may be encountered in a recreational area; or if the highway traverses publicly owned lands where access control seems desirable.

(e) Partial access control will not normally be used in urban areas, or inside corporate limits on existing principal arterial or minor arterial highways where traffic volumes are less than seven hundred design hour volume if required levels of urban service, including operating speeds, can be maintained for the estimated traffic under existing and estimated future conditions, including traffic engineering operational improvements. If not, the route should be relocated or reconstructed in accordance with the modified or partial access control standards.

(f) Existing collector highways will normally be considered for access control only where all of the following conditions apply:

(i) The highway serves an area which is not directly served by a higher class of highway.

(ii) Existing or planned development will result in traffic volumes significantly higher than the warrants for access control on minor arterials.

(iii) Partial or modified access control may be established without a major impact on development of abutting properties within the constraints of zoning established at the time access control is proposed.

(g) Termini of access control sections should be at apparent logical points of design change.

(3) Modified access control - Access control on existing highways:

(a) Modified access control may be established on existing highways. The degree of control applied will be such that most approaches, including commercial approaches, existing and in use at the time of the establishment, may be allowed. Commercial approaches for future development may also be considered in order to avoid economic land locking. No commercial approaches will be allowed other than those included in the plan at the time access control is established and access rights are acquired.

(b) Selection of facilities on which modified access control will be applied, will be based upon a design analysis considering but not limited to traffic volumes, level of service, route continuity, population density, local land use planning predicted growth rate established by the planning agency having jurisdiction, economic analysis, and safety. A comparison of these factors based on modified access control versus full or partial control shall be the basis of the decision by the secretary of transportation or his designee to establish modified access control on a section or sections of highway.

(c) Where modified access control is to be established on existing highways, commercial areas may be excepted from control when all or most of the abutting property is developed to the extent that few, if any, additional road approaches would be required with full development of the area. Such exceptions will not normally extend to corporate limits or to urban area boundaries.

Nothing in this policy should be construed to prevent short sections of full, partial, or modified control of access where unusual topographic, land use, or traffic conditions exist. Special design problems should be dealt with on the basis of sound engineering-economic principles.

Because specific warrants cannot be logically or economically applied in every circumstance, exceptions may be considered upon presentation to the secretary of transportation or his designee of justification for reasonable deviation from this policy.

History

Statutory Authority: RCW 47.52.020. WSR 79-08-061 (Order 34), § 468-58-090, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-58-090, filed 12/20/78. Formerly WAC 252-20-080.

Wash. Admin. Code § 468-58-100 Guides for the application of modified access control on existing state highways.

(1) Definitive standards for road approaches on modified access controlled highways shall be as follows:

(a) The type of approach for each parcel shall be commensurate with the present and potential land use and be based on appraisals which consider the following:

(i) Local comprehensive plans, zoning and land use ordinances.

(ii) Property covenants and/or agreements.

(iii) City or county ordinances.

(iv) The highest and best use of the property.

(v) Highest use and best use of adjoining lands.

(vi) Change in use by merger of adjoining ownerships.

(vii) All other factors bearing upon proper land use of the parcel.

(b) The type of approaches* to be considered are:

(i) Type A (residential).

(ii) Type B (farm).

(iii) Type C (special use).

(iv) Type D (commercial single 50 feet width).

(v) Type E (commercial double 30 feet width).

(c) Once established, the type, size and location of the approach may be modified by the secretary of transportation or his designee.

(d) When Type D or E approaches have been established, interim use of Type A or B approaches will be allowed.

(2) Design. The number and location of approaches on a modified access control highway shall be carefully planned to provide a safe highway compatible with present and potential land use. The following will be applied:

(a) Parcels which have access to another public road or street as well as frontage on the highway will not normally be allowed direct access to the highway.

(b) Approaches located in areas where sight limitations create undue hazard shall be relocated or closed.

(c) The number of access openings shall be held to a minimum. Access openings are limited to one approach for each parcel of land with the exception of extensive frontages where one approach is unreasonable or for Type E approaches which feature separate off and on approaches.

(d) Joint use of access approaches shall be considered, where feasible.

(e) New approaches will be considered at the time of plan adoption to prevent a physical "landlock" by reason of access taking.

(f) Existing access points not meeting the test of these rules as described in this section, will be closed.

*Refer to WAC 468-58-080 for definitions.

History

Statutory Authority: RCW 47.52.020. WSR 79-08-061 (Order 34), § 468-58-100, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-58-100, filed 12/20/78. Formerly WAC 252-20-090.

Chapter 468-60 Trip reduction performance program.

Wash. Admin. Code § 468-60-010 Trip reduction performance program.

The legislature established the trip reduction performance program (TRPP) in 2003 to create cost-effective projects that increase the capacity of the transportation system by providing financial incentives to commuters to reduce the number of vehicle commute trips and commute vehicle miles traveled (VMT). WSDOT awards TRPP funds to cost-effective trip reduction projects based on the projected cost per annualized vehicle commute trip and commute VMT reduced during the project period. WSDOT will provide new projects up to fifty percent of the award amount as start up funds on a reimbursable basis. WSDOT will determine the remaining award amount, as well as any bonus funds, based on the actual number of vehicle commute trips and commute VMT reduced.

(1) What are trip reduction performance projects? WSDOT awards funds on a competitive basis to organizations that create cost-effective projects designed to reduce vehicle commute trips and commute VMT. The organization will receive funds based on the price associated with each vehicle commute trip and commute VMT reduced and overall project performance. The TRPP is available to entrepreneurs, private employers, public agencies, nonprofit organizations, developers, and property managers who implement sustainable ways to reduce the number of vehicle commute trips and commute VMT, and who provide financial incentives to their own or other employees for ridesharing, public transportation, nonmotorized transportation, telework, and alternative work schedules.

(2) Definitions. For purposes of the implementation of TRPP projects, the following definitions apply.

(a) A financial incentive is defined as a policy, procedure, capital investment or payment intended to provide commuters a financial gain if they use commute options other than by driving alone. The eligible incentives may include, but are not limited to: Providing a free or reduced cost of transit pass, free or reduced parking charge for rideshare vehicles and initiating parking charges for commuter vehicles to discourage drive-alone commuting, paying the membership fee for a car sharing program, providing commuters with alternative work schedules, providing a direct cash payment, reducing the insurance rate for commuters who reduce the use of their vehicle for commuting, or reducing the distance a commuter travels to work by reassigning their work location to a worksite closer to their home.

(b) Car sharing means a membership program intended to offer an alternative to car ownership. An individual or organization member is permitted to use vehicles from a fleet on an hourly basis.

(c) Telework means a program where a commuter performs work functions that are normally performed at a traditional worksite, but does so instead at the commuter's home, or at a telework center that is located closer to the commuter's home than to the commuter's worksite, for at least one day a week in an effort to reduce the number of trips to the commuter's worksite.

(d) A person-trip is a one-way commute trip made by one person to get to work. A trip avoided because the commuter teleworks, or because the commuter works an alternative work schedule, is also considered a person-trip.

(e) A mode is the means of transportation a commuter took to work. Driving alone, carpooling, working an alternative work schedule, teleworking, bicycling, etc., are examples of modes.

(f) A measurement records the number of person-trips made by commuters commuting to work during a period such as a week or month, using each specific transportation mode. A measurement also records the distance each commuter commutes to work; the type of work schedule or alternative work schedules that each commuter works; and the number of persons in the commuter's carpool or vanpool if the commuter uses one of these modes. WSDOT may require that a measurement record additional information necessary to evaluate the project performance.

(g) Mode share is the percentage of person-trips made by a population of commuters commuting to work using specific modes of transportation. For example, if twenty-three percent of the person-trips made in commuting to a worksite are by carpool, the carpool mode share for that worksite is twenty-three percent.

(h) A mode split is the set of mode shares for a population of commuters commuting to a worksite. The sum of the mode shares for the population is one hundred percent. When calculating mode shares and mode split from measurement data, WSDOT makes adjustments as necessary for missing data, days reported by commuters as not worked, inconsistency between commute mode and vehicle occupancy data, and reported use of alternative work schedules. When making these adjustments, WSDOT follows CTR board guidelines when these are available, and makes reasonable adjustments otherwise.

(i) Vehicle commute trip is the number of vehicle trips made to bring commuters to work at a worksite or specified collection of worksites on an average weekday morning, using the mode split from a measurement. WSDOT will provide information to applicants on calculating commute vehicle trips.

Calculation: WSDOT calculates a vehicle commute trip by dividing a person-trip by the number of persons in the vehicle. For passenger cars, trucks, vans, and motorcycles, WSDOT calculates the vehicle occupancy from measurement data using CTR board guidelines, or from equivalent data as agreed by WSDOT and the applicant. For buses, WSDOT assumes an average occupancy of twenty-five persons. If the CTR board issues guidelines for using bus occupancy, WSDOT will follow the board's guidelines in subsequent projects. A person-trip made by bicycling, walking, or other nonmotorized means of transportation; by riding a train; or avoided either because the commuter teleworks or because the commuter works an alternative work schedule, is not considered as using a motor vehicle under this definition. If commuters at a worksite work at jobs that last less than a full year, WSDOT annualizes the vehicle commute trip. For example, if the jobs at a worksite last for only nine months, then WSDOT will annualize the vehicle commute trip as three quarters of the vehicle commute trip that would be calculated if the commuters worked for a full year. WSDOT then will use the annualized values in determining project performance and payments.

(j) Reduced vehicle commute trip is the reduction in the number of vehicle commute trips between a baseline measurement and a performance measurement. WSDOT will provide information to applicants on calculating reduced vehicle commute trips.

Calculation: WSDOT calculates reduced vehicle commute trips by subtracting the number of vehicle commute trips made by the commuters in the performance measurement, from the number of vehicle trips the same number of commuters would have made if they had commuted using the mode split from the baseline measurement.

(k) Commute VMT per person is the average daily vehicle commute trips each commuter makes in a motorized vehicle, multiplied by the commuter's one-way distance to work, summed for all commuters, and the sum then divided by the number of commuters.

(l) Reduced commute VMT is the reduction in the number of commute VMT per person between a baseline measurement and a performance measurement. WSDOT calculates reduced commute VMT by subtracting the commute VMT per person in the performance measurement, from the commute VMT in the baseline measurement.

(m) A project goal is the total number of vehicle commute trips and commute VMT that a project proposes to reduce when it applies for TRPP funding.

(n) Performance is defined as progress toward meeting the project goal to reduce vehicle commute trips and commute VMT.

(o) Agent is an organization or individual who represents the private employer, public agency, nonprofit organization, developer, or property manager and is charged with managing the TRPP project or providing the commuter the financial incentive.

(p) The price per trip (or trip price) is the amount that WSDOT agrees to pay for each annualized vehicle commute trip reduced by a TRPP project, up to the number of trips proposed in the project goal.

(q) A cost-effective project is one that defines a project that will reduce vehicle commute trips and commute VMT at less than the cost of providing new highway capacity and reduce traffic congestion in the project area.

(r) The award amount for a project is the amount WSDOT awards to a project. It will be based on the proposed cost per vehicle commute trip and commute VMT reduced, as well as program funding levels and the project's scoring in the application process.

(s) Project partnership is a relationship between two or more organizations that is characterized by mutual cooperation, responsibility for the development and implementation of a project.

(3) Who can apply? TRPP funds are available on a statewide competitive basis for entrepreneurs, private employers, public agencies, nonprofit organizations, developers, and property managers or their agents who create cost-effective trip reduction projects. To be eligible for TRPP funds, the applicant must provide financial incentives to their own or other commuters for ridesharing, using public transportation, car sharing, nonmotorized commuting, telework, and/or alternative work schedules.

(4) What kinds of projects will be funded? To receive funds, applicants must fully complete a TRPP proposal form provided by WSDOT and submit the form to WSDOT within the timeline set forth in the call for projects.

(5) How much money will be awarded to individual projects? WSDOT awards funds based on the estimated vehicle commute trip and commute VMT that the project proposes to reduce. The applicant will provide an estimate of the anticipated performance in reducing vehicle commute trips and commute VMT, and the price per trip that the applicant will charge WSDOT for reducing a commute vehicle trip. Once the selection committee ranks the projects, WSDOT will award funds based on committee ranking until half of the program funds are awarded in each fiscal year or all cost effective projects are funded. A project for a single worksite may not receive more than one hundred thousand dollars per fiscal year.

(6) How much money can be awarded to projects with multiple partners? Each organization (agency or employer) on the proposal may receive up to one hundred thousand dollars with the total amount not to exceed two hundred fifty thousand dollars per project proposal, per fiscal year. WSDOT may exceed this organization maximum award at their discretion if the legislature appropriates additional funds for this program.

(7) Who can apply for a partnership? An agent or organization on behalf of agencies or employers provides the financial incentive to the commuter can submit a project partnership proposal and be the prime recipient for the project. Project partnership proposals must include a description of each partner's roles, responsibilities and assurances for the project.

(8) How does the applicant apply for the TRPP funds? WSDOT will notify eligible applicants of the open period for proposals. WSDOT may open more than one call for TRPP proposals per year depending on TRPP funding availability. To apply for TRPP funds, applicants must complete a TRPP proposal form during the call for TRPP proposals period. The TRPP proposal form is available upon request from WSDOT. WSDOT recommends that applicants within a CTR affected area notify the jurisdictional authority, e.g., regional transportation planning organization (RTPO), county, city, or transit agency, so that they can coordinate the project with local trip reduction strategies and plans. This provides an opportunity for project coordination and potential partnership.

(a) Applicants may submit more than one project proposal for consideration; however, the combined sum of all the project costs cannot exceed what the applicant is eligible to receive.

(b) All projects must have a baseline measurement and a performance measurement. All applicants must describe how they will measure performance for their project. Projects may be rated based on the effectiveness and efficiency of the proposed measurement method. WSDOT may require projects to conform to WSDOT-approved measurement tools and methods.

(9) Can a project be renewed? WSDOT may approve renewal for a project that performs well; however, the applicant must complete a TRPP proposal for the project. If the proposals review and selection committee approves the project, WSDOT may require the applicant to conduct a new baseline measurement for the project. Renewal proposals may include a proposed adjustment to the trip price and/or project goal. Adjustments to the trip price or goal are subject to WSDOT. All projects are subject to termination if the project is not performing according to expectations or is not continuing to work towards the reduction of commute trips.

(10) How will the proposal be reviewed? WSDOT staff will review all proposals and make recommendations to the selection committee comprised of members invited by the chair of the CTR board. The committee will be comprised of between six and nine members, which include at least one member from the CTR board, one member from Central Puget Sound, one member from the rest of the state, one employer representative, one transit agency representative, one city government representative, one member from the CTR technical advisory group, and one regional transportation planning organization representative. To maintain the integrity of the proposals review and selection process, no project applicants may serve on the proposals review and selection committee. The committee will review and select projects based on staff review and the criteria established by WSDOT and communicated in project application guidance. WSDOT will make the final decision on which projects to fund and at what level.

(11) Project implementation and penalties: All contractors must implement their projects within three months (first quarter) after signing the contract in order to receive one hundred percent of the awarded funds. If the project is not implemented until the second quarter, only seventy-five percent of the awarded funds will be available; fifty percent if implementation does not occur until the third quarter; and twenty-five percent if implementation does not occur until the fourth quarter. A project is subject to termination if it has not been implemented by the fifth quarter. Project implementation or start of the project is defined as the completion of the project baseline measurement.

(12) What happens if a project does not perform? All projects are subject to termination at WSDOT's discretion if the project is not performing or demonstrating progress toward achieving its goals.

(13) What is the performance payment schedule? Every project must have a baseline measurement, and the baseline measurement must begin before the contractors can receive reimbursement for start-up costs. The contractor must submit a project final performance measurement by the date specified by WSDOT in order to receive performance payment.

(14) How are projects that overlap treated? No applicant may claim full reduction in commuter vehicle commute trip or commute VMT that are claimed as part of another project. WSDOT will make an initial screening of awarded projects to determine whether projects overlap. If WSDOT finds that projects being considered for selection are likely to overlap, WSDOT will notify the applicants, and provide them with the opportunity to form partnerships to be considered as one project for funding, or adjust their projects to avoid overlap. WSDOT will require funded overlapping projects to use the WSDOT-approved measurement tool that helps to eliminate the potential of paying for overlap. WSDOT may reject proposals that insufficiently address overlap.

History

Statutory Authority: RCW 70.94.996. WSR 09-08-121, § 468-60-010, filed 4/1/09, effective 5/2/09
WSR 08-06-079, § 468-60-010, filed 3/4/08, effective 4/4/08
WSR 07-05-064, § 468-60-010, filed 2/20/07, effective 3/23/07
WSR 05-19-042, § 468-60-010, filed 9/14/05, effective 10/15/05. Statutory Authority: RCW 70.94.996, 70.94.534, 70.94.541. WSR 04-06-087, § 468-60-010, filed 3/3/04, effective 4/3/04.

Chapter 468-63 Commute trip reduction program.

Wash. Admin. Code § 468-63-010 Purpose.

(1) Background and purpose. This section describes the background of the commute trip reduction (CTR) law (RCW 70.94.521 through 70.94.555) and the purpose of these rules.

(a) Program history and goals. Washington state's laws relating to commute trip reduction (CTR law) were adopted in 1991 and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.551. The intent of the CTR law is to reduce automobile-related air pollution, traffic congestion, and energy use through employer-based programs that encourage the use of alternatives to the single-occupant vehicle traveling during peak traffic periods for the commute trip. Strategies such as these that encourage travelers to use the transportation system more efficiently are generally known as transportation demand management (TDM). In 2006, the Legislature amended the CTR law to make the program more efficient and effective.

(b) Purpose of rules. These rules are intended to ensure consistency in CTR plans and goals among jurisdictions while fairly taking into account differences in employment and housing density, employer size, existing and anticipated levels of transit service, special employer circumstances, and other factors the board determines to be relevant.

(2) Program overview. This section describes some general considerations for affected jurisdictions and employers.

(a) Existing CTR programs. Those jurisdictions with an existing CTR ordinance as of March 1, 2007, and the employers within those jurisdictions, shall continue to operate their existing CTR programs as necessary to comply with the requirements of the existing CTR ordinance, until the time that the jurisdiction adopts changes to its CTR ordinance to respond to changes in the CTR law and the planning requirements in these rules.

(b) Relation to other transportation demand management requirements. The state encourages local jurisdictions to make existing transportation demand management (TDM) requirements compatible with the requirements of RCW 70.94.521 through 70.94.555 and these rules. Several jurisdictions have implemented TDM requirements for employers or developers through the permitting of new facilities under the State Environmental Policy Act (SEPA), or through development requirements under the Growth Management Act (GMA). The state recognizes that jurisdictions may use TDM to satisfy different goals than those in the CTR law because of other considerations. The state encourages jurisdictions to review existing and proposed TDM requirements that are based on SEPA and GMA and make them compatible with the CTR law where feasible. The state intends for property owners to be treated equitably and that, wherever possible, jurisdictions reduce the conflict, duplication and higher cost of separate or conflicting TDM requirements at the same major employer worksite. To this end, the state recommends that TDM development requirements be measured using the same instruments, methodologies, and reporting requirements used for employers subject to the jurisdiction's CTR ordinance.

(c) Interjurisdictional cooperation. The state intends that, to the extent possible, jurisdictions in affected urban growth areas enter into cooperative arrangements for the implementation of their CTR plans. Such arrangements may be made with the county, other cities, transit agencies, regional transportation planning organizations, or other entities, as appropriate. The arrangements may be entered into through interlocal agreements or contracts. The advantages of such arrangements include stretching the limited resources available for implementing CTR plans and facilitating consistent treatment of employers across jurisdictional boundaries.

(d) Cooperation among affected employers. The state encourages affected major employers to enter into cooperative arrangements with other affected major employers in their immediate vicinity for the development and implementation of CTR programs. These arrangements could be through the formation of transportation management associations (TMAs), or they could be less formal. The advantages of such cooperation include economies of scale, the potential for sharing resources, and the formation of a larger grouping of employees, making ridesharing arrangements or special transit services easier.

(e) State agency leadership. RCW 70.94.547 recognizes the state's crucial leadership role in establishing and implementing effective commute trip reduction programs, and intends for the department of general administration and other state agencies, including institutions of higher education, to aggressively develop substantive programs to reduce commute trips by state employees. The interagency board created in RCW 70.94.551 is responsible for developing policies and guidelines to promote consistency among state agency commute trip reduction programs and for developing the state's leadership role.

History

Statutory Authority: RCW 70.94.537. WSR 07-05-065, § 468-63-010, filed 2/20/07, effective 3/23/07.

Wash. Admin. Code § 468-63-020 Definitions.

(1) Definitions. The definitions in this section apply throughout these rules.

(a) Statutory definitions. The terms listed in this subsection are defined in the CTR statutes (RCW 70.94.521 through 70.94.555).

(i) "A major employer" means a private or public employer, including state agencies, that employs one hundred or more full-time employees at a single worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during the year.

(ii) "Major employment installation" means a military base or federal reservation, excluding tribal reservations, at which there are one hundred or more full-time employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve continuous months during the year.

(iii) "Person hours of delay" means the daily person hours of delay per mile in the peak period of 6:00 a.m. to 9:00 a.m., as calculated using the best available methodology by the department of transportation.

(iv) "Commute trip" means trips made from a worker's home to a worksite during the peak period of 6:00 a.m. to 9:00 a.m. on weekdays.

(v) "Proportion of single-occupant vehicle commute trips" means the number of commute trips made by single-occupant automobiles divided by the number of full-time employees.

(vi) "Commute trip vehicle miles traveled per employee" means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period.

(vii) "Growth and transportation efficiency center" means a defined, compact, mixed-use urban area that contains jobs or housing and supports multiple modes of transportation. For the purpose of funding, a growth and transportation efficiency center must meet minimum criteria established by the commute trip reduction board under RCW 70.94.537, and must be certified by a regional transportation planning organization as established in RCW 47.80.020.

(viii) "Affected urban growth area" means:

(A) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, and any contiguous urban growth areas; and

(B) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas.

(ix) "Certification" means a determination by a regional transportation planning organization that a locally designated growth and transportation efficiency center program meets the minimum criteria developed in a collaborative regional process and the rules established by the department of transportation.

(b) Terms defined by rule. The terms listed in this subsection are defined herein and apply throughout these rules.

(i) "Goal" means a purpose toward which efforts are directed.

(ii) "Target" means a quantifiable or measurable value that is expressed as a desired level of performance, against which actual achievement can be compared in order to assess progress.

(iii) "Drive-alone" means single-occupant vehicle.

(iv) "Single-occupant vehicle" means a motor vehicle, including a motorcycle, occupied by one person for commute purposes. If there are other passengers occupying the motor vehicle, but the ages of these passengers are sixteen or under, the motor vehicle is still considered a "single-occupant vehicle" for measurement purposes.

(v) "Nondrive-alone travel" means travel by a method other than single-occupant vehicle. Travel avoided by telework, alternative work schedules, or condensed work weeks shall also be considered as nondrive-alone travel.

(vi) "Base year value" means the measured values per employee at a major employer worksite, on which commute trip reduction targets for the major employer worksite shall be based.

(vii) "Jurisdiction's base year measurement" means the year of the first measurement. For those jurisdictions which have used the CTR survey, the jurisdiction's base year measurement shall be determined based on employee surveys administered in the 2007-2008 survey cycle. If complete employee survey data from the 2007-2008 survey cycle is not available, then the base year measurement shall be calculated from the earliest available set of complete employee survey data. For jurisdictions which do not use the CTR survey for measurement, this shall be determined using equivalent 2007-2008 data.

(viii) "Affected employee" means a full-time employee who begins his or her regular workday at a major employer worksite between 6:00 and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months, who is not an independent contractor, and who is scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours per week.

(ix) "CTR commuter" means a resident or employee in an affected urban growth area who is a participant in the city or county's commute trip reduction program, including any growth and transportation and efficiency center ("GTEC") programs, implemented to meet the city or county's established targets.

(x) "Commute trip vehicle miles traveled per CTR commuter" means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of CTR commuters during that period.

(xi) "Major employer worksite" means the physical location occupied by a major employer, as determined by a local jurisdiction.

(xii) "Voluntary employer worksite" means the physical location occupied by an employer who is voluntarily implementing a CTR program.

(2) Identification of CTR jurisdictions. This section establishes the process to be used by WSDOT to determine the state's affected urban growth areas and lists the state's affected urban growth areas.

(a) Process to determine affected urban growth areas. WSDOT shall use the definition of an affected urban growth area in RCW 70.94.524 to determine the list of affected urban growth areas. WSDOT shall use the most recent set of valid and available data that covers the entire state highway system to calculate the one hundred person hours of delay threshold for state highway segments. WSDOT shall use the most recent geographical information for the state's urban growth areas as provided by the department of community, trade and economic development, or its successor.

(b) Listing of affected urban growth areas. The cities and counties within or containing an affected urban growth area, as determined by WSDOT, are:

(i) Clark County and the cities of Camas, Vancouver, and Washougal;

(ii) King County and the cities of Algona, Auburn, Beaux Arts, Bellevue, Black Diamond, Bothell, Burien, Clyde Hill, Covington, Des Moines, Federal Way, Hunts Point, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Newcastle, Normandy Park, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Tukwila, Woodinville, and Yarrow Point;

(iii) Kitsap County and the cities of Bainbridge Island, Bremerton, and Port Orchard;

(iv) Pierce County and the cities of Bonney Lake, DuPont, Edgewood, Fife, Fircrest, Gig Harbor, Lakewood, Milton, Orting, Puyallup, Ruston, Steilacoom, Sumner, Tacoma, and University Place;

(v) Snohomish County and the cities of Arlington, Bothell, Brier, Edmonds, Everett, Lake Stevens, Lynnwood, Marysville, Mill Creek, Monroe, Mountlake Terrace, Mukilteo, Snohomish, and Woodway;

(vi) Spokane County and the cities of Airway Heights, Liberty Lake, Millwood, Spokane, and Spokane Valley;

(vii) Thurston County and the cities of Lacey, Olympia, and Tumwater;

(viii) Whatcom County and the cities of Bellingham and Ferndale; and

(ix) Yakima County and the cities of Selah, Union Gap, and Yakima.

(c) Listing of affected urban growth areas exempted from CTR requirements for a period not exceeding two years from March 1, 2007. The cities or counties within an affected urban growth area, as determined by WSDOT, but which the legislature in RCW 70.94.527(12) has exempted from CTR requirements for a period not exceeding two years from March 1, 2007, are:

(i) Benton County and the cities of Kennewick, Richland, and West Richland; and

(ii) Franklin County and the city of Pasco.

(d) Notification of cities, counties, and regional transportation planning organizations (RTPOs) required to adopt CTR plans. WSDOT shall notify the cities, counties, and RTPOs that are determined to be in the affected urban growth areas. Cities and counties in the affected urban growth areas shall identify the major employers, if any, within their boundaries. Only those cities and counties containing a major employer in the affected urban growth area within the boundaries of their official jurisdiction shall be required to adopt a local CTR plan. Only those regional transportation planning organizations whose planning territory encompasses a city or county required to adopt a local CTR plan shall be required to adopt a regional CTR plan.

History

Statutory Authority: RCW 70.94.537. WSR 15-13-038, § 468-63-020, filed 6/9/15, effective 7/10/15
WSR 07-05-065, § 468-63-020, filed 2/20/07, effective 3/23/07.

Wash. Admin. Code § 468-63-030 Program goals and measurement.

(1) Program purpose and process. The purposes of the CTR program, as defined in RCW 70.94.521, are to decrease automobile-related air pollution, consumption of gasoline, and traffic congestion.

(2) Statewide program performance goals and targets. The CTR board shall establish the performance goals and targets of the statewide program every four years in its state CTR plan, per RCW 70.94.537(3).

(3) Local program performance goals and targets. Local jurisdictions shall establish goals and targets for their CTR plan that contribute to goals established in the state plan and the purposes of the CTR program. The goals and targets shall be set for the affected urban growth area in the city or county's official jurisdiction, and shall be targets for the four-year period under the state CTR plan based on the base year measurement for the urban growth area.

(a) Local and regional goals and measurement methodologies shall be consistent with the measurement policies established by WSDOT and posted on the agency's website. Progress will be determined every two years based on the jurisdiction's performance in meeting its established goals and targets. Local jurisdictions shall establish base year values and targets for each major employer worksite (including major employment installations) in the jurisdiction. However, the targets may vary from major employer worksite to major employer worksite, based on the goals and measurement system implemented by the jurisdiction. Variability may be based on the following considerations:

(i) Previous engagement in trip reduction programs by the employer;

(ii) Current conditions, policies and services in the vicinity of the major employer worksite;

(iii) Planned investments, services, policy changes and other strategies in the vicinity of the major employer worksite;

(iv) Transit access to the employer worksite and frequency of transit service during peak periods in the vicinity of the major employer worksite;

(v) Potential for ride matching internally and with other employers in the area;

(vi) Bicycle and pedestrian access to the major employer worksite; and

(vii) Ability to implement compressed work week schedules and/or teleworking.

(b) Jurisdictions will use base year values in determining their base year measurement.

(c) In their local CTR plans, local jurisdictions shall communicate what local, regional and state benefits would be gained if the established targets were achieved. Benefits may include but are not limited to projected changes in transportation system performance, projected reductions in emissions of pollutants, projected reductions in energy consumption, and projected benefits for economic development. Regional transportation planning organizations (RTPOs) and WSDOT shall provide applicable data, if available, to assist this analysis.

(4) Goals for employers. Regardless of the variations in major employer worksite targets that a jurisdiction implements, each major employer worksite shall be accountable for attaining the targets established by the jurisdiction. However, if major employer worksites are meeting the state requirements and giving a good faith effort as defined in RCW 70.94.531, local jurisdictions may not penalize the major employer for not meeting established targets.

(5) Voluntary employer worksites. In the local CTR plan, local jurisdictions shall indicate whether voluntary employer worksites that agree to measure will be counted in the calculation of the jurisdiction's progress toward its established targets. Regardless of whether the local jurisdiction chooses to count voluntary employer worksite measurements toward the area goal, jurisdictions shall continue to track results for those employer worksites that agree to measure.

(6) Other local strategies for achieving the goals. Jurisdictions may choose to institute trip reduction strategies for residents and employees in the urban growth area who are not affected by the local CTR ordinance. The progress of these efforts may be used in the jurisdiction's calculation of its progress toward its established urban growth area targets, if it is measured in a manner that is consistent with the measurement guidelines established by WSDOT and posted on the agency's website.

(7) Regional goal-setting. The RTPO in its regional CTR plan shall establish regional CTR program goals and targets. The regional program goals and targets shall be developed with consideration and inclusion of the contribution of local jurisdiction goals and targets in the region.

(8) Local jurisdictions shall not be penalized for not meeting their established four-year targets if they are implementing a plan that meets state requirements and if WSDOT determines that there are circumstances beyond the jurisdiction's control that prevented attainment of the targets.

History

Statutory Authority: RCW 70.94.537. WSR 15-13-038, § 468-63-030, filed 6/9/15, effective 7/10/15
WSR 07-05-065, § 468-63-030, filed 2/20/07, effective 3/23/07.

Wash. Admin. Code § 468-63-040 Local commute trip reduction plan.

(1) Purpose and process.

(a) Purpose of local CTR plan. The state's intent in requiring local CTR plans is to ensure that CTR program goals and targets help jurisdictions achieve their broader transportation and land use goals, and that the jurisdiction in turn develops services, regulations, policies and programs that support the trip reduction investments of major employers. This can be achieved by integrating the local CTR plan and program with other transportation and land use plans and programs, and collaborating with local service providers, interest groups, and others to develop effective trip reduction strategies. Nothing in these rules is intended to change the requirements for local comprehensive plans developed under the Growth Management Act. The state intends for the CTR planning process to provide a new perspective on the local comprehensive plan; while a jurisdiction may choose to update or amend its comprehensive plan based on the outcome of the CTR planning process, nothing in these rules requires it.

(b) Plan development process. RCW 70.94.527(4) requires local CTR plans to be developed in consultation with local transit agencies, the applicable RTPO, major employers, and other interested parties.

(i) Consultation. The local jurisdiction shall invite, as appropriate, representatives of major employers, local transit agencies, the applicable RTPO, business associations and economic development organizations, nonprofit transportation and land use advocacy organizations, pedestrian and bicycle advocacy organizations, public health agencies, tribal governments, and residents, employees and businesses that will be affected by the CTR plan to participate in the development of the local CTR plan. The state intends for the invited partners to work collaboratively with the local jurisdiction by providing data and plans and discussing opportunities, including new and reprioritized investments and policy changes, to reduce drive-alone commute trips in the jurisdiction and increase transportation access to affected major employer worksites.

(ii) State role. WSDOT shall provide information to support local CTR plan development. This information shall include employer and jurisdiction base year values, calculated from CTR survey data, state highway system performance data, and other information as appropriate. WSDOT shall also provide technical assistance to support implementation of the local CTR plan, which may include but is not limited to:

(A) Printing and processing of state CTR survey forms;

(B) Creation of survey reports and customized data reports;

(D) Online annual report set-up and assistance; and

(E) Program reviewer and survey training.

(iii) Regional role. It is critical that the local jurisdiction collaborate with the applicable RTPO in the development of its local CTR plan. By working closely with the RTPO, the local jurisdiction can produce a CTR plan that meets state requirements and is consistent with the regional CTR plan.

(iv) Public outreach. The local jurisdiction shall follow, at a minimum, a comparable process to the local requirements and procedures established for purposes of public outreach for comprehensive plan development, adoption, or amendment, including public notices and public meetings and hearings.

(c) Consistency and integration with other plans, programs and local requirements. RCW 70.94.527(5) requires local CTR plans to be consistent with applicable state and regional transportation plans and local comprehensive plans. RCW 70.94.527(5) also requires local CTR plans to be coordinated and consistent with those of adjoining jurisdictions or related regional issues to ensure consistency in the treatment of employers who have worksites in more than one jurisdiction. The local jurisdiction shall review the local comprehensive plan to ensure that it is consistent with the local CTR plan. If the local jurisdiction determines that the local comprehensive plan needs to be updated or amended to be consistent with the local CTR plan, the local jurisdiction shall identify in the local CTR plan what changes may be needed and when the changes will be made. The local jurisdiction shall use the regional CTR planning process as a means to discuss regional issues with adjoining jurisdictions. The local jurisdiction shall follow the administrative guidelines established by WSDOT and posted on the agency's website to ensure consistency in the treatment of employers who have worksites in multiple jurisdictions.

(d) Plan review and approval. RCW 70.94.527(1) requires the local CTR plan to be submitted to the RTPO and be included in the regional CTR plan.

(i) Schedule. In order for a local jurisdiction to receive state CTR program funding in the 2007-2009 biennium, the CTR board must receive the final draft of the local CTR plan by October 1, 2007. For biennia after 2007-2009, the CTR board must receive updated CTR plans by March 31 every two years thereafter if updates to the local CTR plan have been made or if a jurisdiction is adopting a local CTR plan for the first time.

(ii) RTPO review. RCW 70.94.527(5) requires the RTPO to review the local CTR plans. Local jurisdictions shall submit the final draft of their local CTR plans to the applicable RTPO by the date specified by the RTPO, so that the RTPO may review the plans before submission to the CTR board. The RTPO will review the local CTR plan to determine its consistency with the regional CTR plan and state requirements.

(iv) Approval by CTR board. RCW 70.94.527(7) requires local CTR plans to be approved by the CTR board in order to be eligible for state CTR funding. The CTR board shall review the final drafts of local CTR plans and communicate its findings in writing to the submitting RTPO within one hundred twenty days following receipt of the plans. If the CTR board approves a local CTR plan, the local jurisdiction shall then adopt the local CTR plan by ordinance and begin to implement the plan and any other necessary changes to local ordinances, plans, or programs. If the CTR board rejects a local CTR plan, it shall communicate its reasoning and recommendations for improvement to the submitting RTPO. The RTPO shall then work with the local jurisdiction to improve the local plan. Jurisdictions may submit a revised local CTR plan to the RTPO and CTR board in the schedule jointly established by the RTPO and the CTR board.

(v) Appeal. If a local CTR plan is not approved by the CTR board, the local jurisdiction may choose to appeal the decision to the secretary of transportation or his/her designee within sixty days of the board's decision by submitting a written request for appeal to the secretary of transportation or his/her designee. The secretary of transportation or his/her designee shall consider the appeal within sixty days of the jurisdiction's request. If the secretary of transportation or his/her designee grants the appeal, the local CTR plan shall be considered valid by the CTR board and RTPO. If the secretary of transportation or his/her designee denies the appeal, the local jurisdiction is not eligible for state CTR program funding until its revised plan is submitted and approved by the CTR board.

(e) Plan update cycle. According to RCW 70.94.527(5), local jurisdictions shall review their local CTR plans annually and revise them as necessary to be consistent with applicable plans developed under RCW 36.70A.070. The local CTR plan shall be updated at least once every four years, in order to establish new four-year targets and program strategies and update other elements as needed.

(2) Required plan elements. RCW 70.94.527(4) requires affected local governments to adopt CTR plans consistent with the rules and deadlines established by WSDOT. The state intends for local jurisdictions to use information in existing plans and programs, such as the local comprehensive plan, unified development codes, the transportation improvement program, economic development plans, and others, as much as possible in order to develop the local CTR plan. The local CTR plan is required to meet the requirements specified in these rules, but local jurisdictions may choose to adjust the scope of their local CTR plans as needed to make them more effective. The local CTR plan shall describe how the CTR program will help achieve the jurisdiction's broader land use and transportation goals.

The local CTR plan shall contain the following elements:

(a) Description of land use and transportation context. Jurisdictions shall evaluate the significance of local land use and transportation conditions, characteristics and trends to describe the most critical factors to the success of CTR.

The plan shall highlight the existing and future land use and transportation conditions and characteristics considered most critical by the jurisdiction and evaluate the degree to which existing local services, policies, regulations, and programs, as well as any documented future investments, will complement the trip reduction efforts of CTR employers. Jurisdictions may choose to broaden the scope of their local CTR plan by developing a jurisdiction-wide analysis, rather than focusing only on major employers.

The plan shall evaluate the existing barriers to the success of the CTR program, and identify how the jurisdiction and its partners can overcome these barriers. The state intends for the plan to be a mechanism through which employers can describe what policy changes, services and support they need to make their CTR programs more effective.

The plan shall also discuss cross-boundary issues, such as pass-through commute patterns or larger regional issues, and how these affect the local CTR plan.

(b) Goals and targets. The plan shall establish the jurisdiction's CTR goals and targets and show how achievement of these goals and targets will contribute to the jurisdiction's other adopted land use and transportation goals. The plan's goals and targets shall be established consistent with the standard described in WAC 468-63-030, Program goals and measurement. The plan shall describe the base year values and numerical targets for each major employer worksite required to participate in the CTR program.

(c) Measurement methodology for determining base year values and progress toward meeting goals and targets. The plan's measurement methodology shall be consistent with the measurement guidelines established by WSDOT and posted on the agency's website.

(d) Description of local services and strategies for achieving the goals and targets. The plan shall describe what local services and strategies will be implemented to achieve the plan's goals and targets, and how these services and strategies will support the CTR programs of major employers. Strategies may include, but are not limited to:

(i) Modifications of local policies and regulations, including the transportation concurrency system, street design standards, parking, and zoning;

(ii) Investments in services and facilities, including transit services, nonmotorized facilities and amenities; and

(iii) Marketing and incentives.

Transit agencies shall work with counties, cities and towns as a part of their six-year transit development plan established in RCW 35.58.2795 to take into account the location of major employer worksites when planning and prioritizing transit service changes or the expansion of public transportation services, including rideshare services (RCW 70.94.527(5)).

(e) Description of requirements for major employers. The plan shall describe the requirements for major employers that will be outlined in the local ordinance. The plan shall also describe the program that the local jurisdiction will offer to its employees and how this contributes to the success of the overall plan. The plan shall also identify the major employer worksites, including affected state agency locations, within the jurisdiction's affected urban growth area and any major employment installations.

(f) Documentation of consultation. The plan shall include documentation from the local jurisdiction that verifies consultation with employers, transit agencies and others to develop the plan. If the CTR plan includes new or reprioritized transit service beyond that identified in the six-year transit development plan as a strategy to meet the goals and targets, the plan shall include acknowledgement from the applicable transit agency that it supports the transit element of the plan and has agreed on a plan to fund future service investments. If the plan submittal to the CTR board does not include acknowledgement of support from the applicable transit agency, then the new or reprioritized transit service element of the plan shall not be considered as a valid strategy to meet the plan's goals and targets.

(g) A sustainable financial plan. The plan shall describe the funding revenues from public and private sources that are reasonably expected to be available, as well as the expected costs, to implement the plan and achieve its goals and targets. If a jurisdiction identifies program elements that are not necessary to the success of the plan, but would support the plan and are beyond expected resources, the plan shall describe the level of funding that would be needed to implement the program element and how it would contribute to the success of the plan.

(h) Implementation structure. The plan shall describe how the various strategies identified in the CTR plan will be implemented, either by the local jurisdiction, its partners, or its contracting partners, and when the elements of the plan are expected to be implemented. If the local jurisdiction decides to update its comprehensive plan to be consistent with the CTR plan, it shall describe which elements need updating and when the update will occur.

(i) Growth and transportation efficiency centers. If the jurisdiction has designated a growth and transportation efficiency center, the local jurisdiction shall summarize and incorporate the GTEC program plan into the local CTR plan in the next update of the plan.

History

Statutory Authority: RCW 70.94.537. WSR 15-13-038, § 468-63-040, filed 6/9/15, effective 7/10/15
WSR 07-05-065, § 468-63-040, filed 2/20/07, effective 3/23/07.

Wash. Admin. Code § 468-63-050 Regional commute trip reduction plan.

(1) Purpose and process.

(a) Purpose of regional CTR plan. The state's intent in requiring regional CTR plans is to ensure that the region develops a consistent, integrated regional strategy for meeting CTR goals and targets. The region shall use existing plan information as much as possible to determine how the CTR program can help the region achieve its transportation goals. The state intends for CTR services and strategies to be prioritized in regional funding programs.

(b) Plan development process. RCW 70.94.527(6) requires the regional CTR plan to be developed in collaboration with all affected local jurisdictions, transit agencies, and other interested parties within the region.

(i) Collaboration. The RTPO shall invite, as appropriate, local jurisdictions, local transit agencies, major employers, business associations and economic development organizations, nonprofit transportation and land use advocacy organizations, pedestrian and bicycle advocacy organizations, public health agencies, tribal governments, and others as necessary to participate in the development of the regional CTR plan's goals, targets and strategies.

(ii) Development of regional GTEC criteria. The RTPO shall develop minimum land use and transportation criteria for GTECs in collaboration among local jurisdictions, transit agencies, major employers, and other affected parties as part of the regional CTR plan. The state intends for minimum land use and transportation criteria for GTECs to be developed as early in the regional planning process as possible.

(iii) Regional role. The state intends for the RTPO to coordinate the local and regional CTR planning process, and work closely with local jurisdictions to ensure consistency in all of the plans. The RTPO shall provide data and technical assistance to local jurisdictions to aid the development of their local CTR plans.

(iv) Planning framework. The state intends for local plans to follow a planning framework established by the RTPO. However, the state recognizes that during the initial planning phase in fiscal year 2007, development of local and regional CTR plans will be a concurrent, iterative process. Thus the state intent that RTPOs lead the planning process.

(c) Identification of lead agencies. The regional CTR plan shall describe which entities will be implementing the CTR program for each city and county, as determined locally. This description shall include an identification of lead agencies and the expected contractual relationships for program administration.

(d) Consistency and integration with other plans, programs and local requirements. RCW 70.94.527(6) requires the regional CTR plan to be consistent with and incorporated into transportation demand management (TDM) components in the regional transportation plan (as required by RCW 47.80.030). The regional CTR plan shall be consistent with TDM components in the regional transportation plan. The regional CTR plan shall be incorporated by the RTPO into the regional transportation plan by December 31, 2008.

(e) Plan review and approval. According to RCW 70.94.527(6), regions without an approved regional CTR plan shall not be eligible for state CTR funds.

(i) Schedule. For jurisdictions in the region to receive CTR program funding, the CTR board must receive final draft regional CTR plans by October 1, 2007, and by March 31 every two years thereafter, if updates have been made to the regional CTR plan or if the RTPO is adopting a regional CTR plan for the first time.

(ii) Submittal. RCW 70.94.527(7) requires RTPOs to submit their regional CTR plans, related local CTR plans, and certified GTEC programs to the CTR board. By October 1, 2007, and by March 31 every two years thereafter, the RTPO shall submit the regional CTR plan, all local CTR plans in the region, and GTEC certification reports to the CTR board. Local and regional CTR plan submittals shall include documentation of support from the applicable transit agencies if the plans include a transit element.

(iii) Determination of consistency. RCW 70.94.527(7) requires the RTPO to collaborate with the CTR board to evaluate the consistency of local CTR plans with the regional CTR plan. When the RTPO submits local CTR plans to the CTR board, it shall also submit its determination of which local CTR plans are consistent with the regional CTR plan and meet state requirements. If any plans are not consistent or do not meet state requirements, the RTPO shall describe its reasoning and what changes need to be made to the plan before it is approved. The CTR board shall use the RTPO recommendation during its review of the local and regional CTR plans.

(iv) Approval. According to RCW 70.94.527(7), regional CTR plans must be approved by the CTR board to be eligible for state CTR funding. The CTR board shall review the regional CTR plan and notify the RTPO in writing whether it approves or denies the plan. If the regional CTR plan is approved, jurisdictions in the region are eligible for state CTR funding. If the regional CTR plan is not approved, the CTR board shall state its reasoning and recommendations for improvement to the RTPO. The RTPO may then choose to submit its revised plan to the CTR board by the deadline established by the CTR board or to appeal the decision.

(v) Appeal. If a regional CTR plan is not approved by the CTR board, the RTPO may choose to appeal the decision to the secretary of transportation or his/her designee within sixty days of the board's decision by submitting a written request for appeal to the secretary of transportation or his/her designee. The secretary of transportation or his/her designee shall consider the appeal within sixty days of the RTPO's request. If the secretary of transportation or his/her designee grants the appeal, the regional CTR plan shall be considered valid by the CTR board. If the secretary of transportation or his/her designee denies the appeal, the region is not eligible for state CTR program funding until a revised regional CTR plan is submitted and approved by the CTR board.

(f) Annual progress report. RCW 70.94.527(8) requires RTPOs with a regional CTR plan to submit an annual progress report to the CTR board at the end of each state fiscal year. The RTPO is required to submit a progress report to the CTR board by June 30, 2008, and every year thereafter. The report shall describe progress in achieving the regional CTR goals and targets and shall highlight any problems being encountered in achieving the goals and targets. The information shall be reported in a form established by the CTR board.

(g) Plan update cycle. The regional CTR plan shall be updated concurrent with the schedule for the regular update of the regional transportation plan or in order to establish new regional goals and targets and incorporate information from updated local CTR plans.

(2) Required plan elements. RCW 70.94.527(6) requires affected RTPOs to adopt a regional CTR plan consistent with the rules and deadlines established by WSDOT.

The regional CTR plan shall contain the following elements:

(a) Description of land use and transportation context. The state intends for RTPOs to evaluate the significance of regional land use and transportation conditions, characteristics and trends to highlight factors that are considered critical to the success of the regional CTR plan.

The plan shall discuss the existing and future land use and transportation conditions and characteristics considered most critical by the RTPO and evaluate the degree to which existing local services, policies, regulations, and programs, as well as any documented future investments, will complement the trip reduction efforts of major employers and help employer programs be more effective.

The plan shall evaluate the existing barriers to the success of the CTR plan, and identify how the RTPO and its partners can overcome these barriers.

The plan shall also discuss cross-boundary issues, such as pass-through commute patterns or extra-regional issues, and how these affect the regional plan.

(b) Minimum criteria for growth and transportation efficiency centers. The RTPO shall adopt minimum transportation and land use criteria that are appropriately scaled to the regional context. The RTPO may establish either absolute or relative criteria. The regional criteria may include, but are not limited to:

(i) Consistency with local and regional CTR plans and local comprehensive plans;

(ii) Support achievement of goals in the regional transportation plan;

(iii) Minimum existing and/or target density thresholds (i.e., activity density, population density, or employment density);

(iv) Minimum and maximum geographic sizes;

(v) Existing and targeted levels of transit service;

(vi) Existing and targeted commute trip mode splits;

(vii) Current and forecasted level of delay on state and regional facilities of significance;

(viii) Number of employees and/or residents;

(ix) Maximum parking development ratios for new commercial and residential development;

(x) Pricing strategies affecting parking demand (commuter and transient); and

(xi) Bicycle and pedestrian accessibility.

(c) Regional program goals and targets. The plan shall describe the established CTR goals and targets for each of the region's affected urban growth areas and designated GTECs. The plan shall also describe the entire region's goals and targets for CTR and how the regional goals and targets relate to the local goals and targets. The plan shall describe how the regional CTR goals and targets will help the region achieve its other transportation goals.

(d) Description of how progress will be measured. The plan shall describe how the measurement of local CTR plan progress will be used to assess regional progress toward CTR goals and targets. The plan's measurement methodology shall be consistent with the measurement guidelines established by WSDOT and posted on the agency's website.

(e) Description of regional strategies for achieving the goals and targets. The plan shall describe what regional services and strategies will be implemented to achieve the plan's goals and targets, and how these services and strategies will support major employer programs and local CTR plans. The regional services and strategies may include modifying regional funding allocations and program prioritization criteria to support the regional CTR plan.

(f) A sustainable financial plan. The plan shall describe the funding revenues from public and private sources that are reasonably expected to be available, as well as the expected costs, to implement the plan and achieve its goals and targets. If a RTPO identifies program elements that are not necessary to the success of the plan, but would support the plan and are beyond expected resources, the plan shall describe the level of funding that would be needed to implement the program element and how it would contribute to the success of the plan.

History

Statutory Authority: RCW 70.94.537. WSR 07-05-065, § 468-63-050, filed 2/20/07, effective 3/23/07.

Wash. Admin. Code § 468-63-060 Growth and transportation efficiency centers.

(1) Purpose and process.

(a) Purpose and objective of the growth and transportation efficiency center (GTEC) program. The state's goal for the GTEC program is to provide greater access to employment and residential centers while increasing the proportion of people not driving alone during peak periods on the state highway system. Counties, cities and towns may designate existing or new activity centers as GTECs in order to establish a transportation demand management (TDM) program in the designated area. The purpose of the rules pertaining to GTECs is to provide a consistent framework for local jurisdictions to exercise their authority to implement a GTEC via comprehensive plans, development regulations, and transportation investments that support population growth and economic development, transportation-efficient land uses, and transportation demand management strategies.

The state intends for GTECs to be developed in a collaborative planning process that builds upon the information in local and regional CTR plans as well as other existing plans and programs such as the local comprehensive plan, unified development codes, the transportation improvement program, economic development plans. The state intends for the development of the GTEC program plan to be informed by and coordinated with the development of local and regional CTR plans.

The state intends to focus state program resources provided for GTECs in those urban areas that can provide the greatest current or future benefits for highway system efficiency.

(b) Jurisdictional coordination. The state encourages jurisdictions to discuss interjurisdictional issues and evaluate the possibility of creating a cross-boundary GTEC. While these rules refer to the actions of a single city or county in designating a GTEC, nothing in these sections shall prohibit jurisdictions from cooperating to designate GTECs that cross jurisdictional boundaries. Jurisdictions designating a cross-boundary GTEC shall adopt consistent ordinances and enter into a cooperational partnership to implement the GTEC program.

(c) Consistency for employers. Major employers that are affected by the base CTR program, when located within a designated GTEC, shall only be required to fulfill one set of requirements, if the GTEC program and base CTR program requirements vary. Jurisdictions that allow major employers to follow the requirements of the GTEC, rather than the base CTR program, shall ensure that major employer worksites are measured in a manner that allows accountability for the worksite and is consistent with the measurement guidelines established by WSDOT and available on the agency's website.

(d) Designation and certification. RCW 70.94.537(2) requires WSDOT to establish methods for RTPOs to evaluate and certify that designated GTECs meet the minimum requirements and are therefore eligible for funding.

(i) Minimum land use and transportation criteria. RCW 70.94.537(2) requires WSDOT to establish guidance criteria for GTECs. Minimum land use and transportation criteria for GTECs shall be developed by the RTPO in collaboration with local jurisdictions, transit agencies, major employers, and other affected parties as part of the regional CTR plan. The regional CTR plan may include a map that depicts which areas of the region meet the criteria.

The state's intent is to constrain funding resources to those areas that have the greatest potential to reduce single-occupant vehicle commute trips on the state highway system in the future. The state will use the RTPO certification of the GTEC's potential system benefits as part of its funding prioritization process.

(ii) Eligibility and designation process. To be eligible for certification as a designated "growth and transportation efficiency center," the jurisdiction must submit a GTEC certification application to the applicable RTPO that:

(A) Describes how the GTEC meets the minimum land use and transportation criteria established by the RTPO as part of the regional CTR plan;

(B) Includes a copy of the GTEC program plan and the required elements identified in this rule;

(C) Identifies when and how the GTEC program plan will be incorporated into future updates or amendments of the applicable local comprehensive plan; and

(D) Includes letters of support for the GTEC program plan from partners that are expected to contribute resources to the plan or intend to work with the local jurisdiction to develop future strategies and funding resources for the GTEC.

(iii) Schedule. For GTEC programs to be eligible for state CTR program funds, the CTR board must receive GTEC certification reports, or local jurisdiction requests for appeal, for new or updated GTEC programs by October 1, 2007, and by April 1 every two years thereafter.

These rules do not constrain the ability of local jurisdictions to designate a GTEC at any time, or for RTPOs to certify new or updated GTECs at any time.

GTEC program plans may be updated annually to reflect changing conditions and new information. However, substantial changes to the program plan, including reductions in targets, densities, and investments, may be made no more than once every biennium. RTPOs may require local jurisdictions to update GTEC program plans as part of the regional CTR plan update. Substantially modified GTEC program plans shall be resubmitted to the RTPO for recertification.

(iv) Certification. RCW 70.94.528 (1)(b) requires designated GTECs to be certified by the applicable RTPO to be eligible for state funding. The RTPO shall evaluate the jurisdiction's GTEC certification application to determine if the proposed GTEC meets the requirements outlined in this rule. The RTPO shall, in partnership with the local jurisdiction and WSDOT, evaluate how achievement of the GTEC goal would affect the performance of the state highway system and the regional transportation system.

Within sixty days following receipt of the jurisdiction's application, the RTPO shall issue a certification report to the jurisdiction that either certifies or declines to certify the GTEC. The certification report shall state the rationale for the decision and describe in quantitative terms how the GTEC addresses state and regional highway deficiencies, and what benefits for the transportation system the GTEC is projected to provide. The RTPO shall provide a copy of the certification report and the GTEC program plan report to the CTR board.

(v) Appeal. RCW 70.94.528 (1)(b) allows jurisdictions denied certification of a designated GTEC by an RTPO to appeal the decision to the CTR board. If the RTPO declines to certify a GTEC when requested by the local jurisdiction, the local jurisdiction may appeal the decision to the CTR board within sixty days following receipt of the RTPO's certification report. The CTR board will hear the appeal within sixty days of a jurisdiction request.

If the CTR board concurs with the RTPO decision, the jurisdiction's GTEC will not be eligible for state funding. The local jurisdiction may then choose to implement the GTEC (while ineligible for state funding) or revise its application and request RTPO certification during the next biennial budget cycle. If the CTR board overrules the RTPO and certifies the GTEC, then the jurisdiction's GTEC will be eligible for state funding if it is designated within one hundred twenty days following receipt of the notice of the state GTEC funding allocation.

(vi) Adoption. The jurisdiction shall "designate" the GTEC by adopting the GTEC program plan via official resolution or ordinance within one hundred twenty days following receipt of the notice of the state GTEC funding allocation. If the jurisdiction does not designate the GTEC program plan within this deadline, then it will not be eligible for any state or regional funding intended for GTEC programs for the current biennium.

(vii) Funding. State funding for GTECs shall be allocated by the CTR board, based on the board's funding policy developed pursuant to RCW 70.94.544.

(2) GTEC program plan.

(a) Program development process. RCW 70.94.528 (1)(a) requires the GTEC program plan to be developed in consultation with local transit agencies, the applicable RTPO, major employers, and other interested parties.

(i) Collaboration. The local jurisdiction shall invite, as appropriate, representatives of major employers, property managers, local transit agencies, the applicable RTPO, business associations and economic development organizations, nonprofit transportation and land use advocacy organizations, pedestrian and bicycle advocacy organizations, public health agencies, tribal governments, and residents, employees and businesses that will be affected by the GTEC to participate in the development of the GTEC program plan. The local jurisdiction and its invitees shall discuss the findings of the gap analysis portion of the plan and collaboratively develop the program's goals, targets, and program strategies.

(ii) Informal review. The local jurisdiction shall give collaborating entities and those entities affected by the GTEC designation an opportunity to review the draft program plan before it is released to the public and submitted for certification to the RTPO.

(iii) Public outreach. The local jurisdiction shall follow, at a minimum, a comparable process to the local requirements and procedures established for purposes of public outreach for comprehensive plan development, adoption, or amendment, including public notices and public meetings and hearings.

(b) Required elements. RCW 70.94.528 (1)(c) requires the TDM program elements in the GTEC to be consistent with the rules established by WSDOT.

The state intends for GTECs to be developed in a collaborative planning process that builds upon the information in local and regional CTR plans as well as other existing plans and programs, such as the local comprehensive plan, unified development codes, the transportation improvement program, and economic development plans. The state intends for the GTEC program plan to be a focused planning element that is coordinated with the local and regional CTR plan.

The GTEC program plan shall describe local conditions and use projections of future growth to define the scope of the problem that the GTEC goals and strategies are designed to address.

The GTEC program plan shall contain the following elements:

(i) Executive summary. The GTEC program plan shall include an executive summary of the jurisdiction's vision for the GTEC, how the GTEC relates to the base CTR program, how the plan's success will affect transportation access to and within the center, and states:

(A) The GTEC program goals and targets;

(B) The GTEC target population;

(C) Proposed program strategies, including policy and service changes needed to execute the plan and proposed land use strategies to support the plan; and

(D) Key funding and service partnerships.

(ii) Background information. The GTEC program plan shall include:

(A) A description of the geographic boundaries of the GTEC;

(B) Documentation that the GTEC is located within the jurisdiction's urban growth area; and

(C) A brief description of the jurisdiction's vision for the GTEC, including information from the local comprehensive plan, other transportation plans and programs, and funded transportation improvements.

(iii) Evaluation of land use and transportation context. Jurisdictions shall evaluate the significance of local conditions, characteristics and trends to determine which factors are most critical to the success of the plan. The RTPO, local transit agencies, state agencies and other appropriate entities shall assist this process by providing data and plans and discussing issues with jurisdictions.

The local jurisdiction shall evaluate existing conditions and characteristics and projected future conditions and characteristics. The jurisdiction may choose to evaluate, but is not limited to, the following issues:

(A) Existing conditions and characteristics. These may include, but are not limited to:

(I) Existing land uses, including the general location and extent of housing, commerce, industry, recreation, open spaces, public utilities, public facilities, and other land uses, and population densities and building intensities, with particular attention to mix of land uses and proximity of residential and employment locations.

(II) Existing transportation network, including:

• Major origins and destinations of trips, including traffic impacts of activity to, from and within a GTEC to state-owned transportation facilities, if adequate information is available from WSDOT to support this evaluation;

• Transit service network and level of service including unused capacity and facilities, service deficiencies and needs, if adequate information is available from transit agencies to support this evaluation;

• Available capacity and performance of other HOV systems serving the GTEC, if adequate information is available from transit agencies and WSDOT to support this evaluation;

• Public and private parking capacity, pricing, and development standards (minimums, maximums, and incentives to reduce parking);

• Significance of the use of and deficiencies in the street, sidewalk, and trail/bicycle path network for bicyclists and pedestrians and deficiencies in end of trip facilities (e.g., bike parking, storage and shower/locker facilities) necessary to support bicyclists and pedestrians;

• Estimated commute mode share in the GTEC for transit, rideshare, bike and walk for all employers;

• Number and size of CTR-affected employers and commute mode share by CTR employees; and

• Local and regional transportation demand management strategies available to businesses in the GTEC, including incentives and programs that promote nondrive-alone travel.

(III) Local and regional economic development plans.

(B) Projected future conditions and characteristics. Jurisdictions shall use existing data, plans and programs to describe anticipated changes in the future. Jurisdictions shall use projections of future growth to evaluate how it will affect transportation access and economic development in the GTEC. Factors may include, but are not limited to:

(I) Projected population and employment growth for at least ten and twenty years;

(II) Projected changes in land use types and intensities for at least ten and twenty years;

(III) Forecasts of traffic, delay, mode share, and parking needs for at least ten years to provide information on the location, timing, and capacity needs of future growth, as well as to describe the costs to accommodate growth under the status quo (for example, describing the projected parking costs, delay, and other costs that will be incurred from future growth); and

(IV) Identification of jurisdiction plans, policies and capital programs for the provision of infrastructure, services and amenities to support planned growth and reduce single-occupant-vehicle trips, including additional transit routes, HOV capacity, pricing strategies and nonmotorized facilities and amenities.

(iv) Gap analysis. Using the information gathered in discussion of the existing and projected future conditions and characteristics, the local jurisdiction and its partners shall evaluate the degree to which existing and future services, policies, and programs will be sufficient to maintain or improve transportation access and increase the proportion of nondrive-alone travel as the area grows. This evaluation shall describe the gaps between what services, policies and programs will be available versus what may be needed to address the projected conditions. The jurisdiction's evaluation of its own policies, programs, and regulations shall include, but is not limited to an evaluation of land use and transportation regulations, including parking policies and ordinances, streetscape design standards, development requirements, concurrency policies, level of service standards, assessment of impact fees, and zoning, to determine the extent that they can reduce the need for drive-alone travel and attract and maintain a mix of complementary land uses, particularly uses that generate pedestrian activity and transit ridership.

(v) Description of program goals and measurements. The state's goal for the GTEC program is to provide greater access to employment and residential centers while increasing the proportion of people not driving alone during peak periods on the state highway system. The GTEC program plan's established goals and targets shall be more aggressive than the minimum goal for the urban growth area established by the jurisdiction, in accordance with RCW 70.94.528(1). The GTEC's established goals and targets shall be designed to maintain or improve transportation access and increase the proportion of nondrive-alone travel as the area grows. The goals and targets shall be designed to support achievement of local and regional goals for transportation and land use.

(A) Goals and targets. Jurisdictions shall have flexibility in establishing GTEC goals and targets, as long as the targets are certified by the RTPO to be more aggressive than the minimum targets for the urban growth area established by the jurisdiction. The RTPO shall certify that the GTEC program targets meet this standard if the GTEC program goal is to reduce, on a relative or absolute basis, more drive-alone trips or more vehicle miles traveled than the minimum base CTR program target in the urban growth area.

The GTEC targets shall be expressed in terms of changes from a base year value.

The RTPO shall determine in the GTEC certification report if the GTEC program target meets the standard defined in RCW 70.94.528(1), and work with WSDOT to evaluate how attainment of the target will affect the performance of the state highway system.

(B) Performance measures. The GTEC program plan shall describe the methodology for measuring the program's performance. The program's performance shall be measured at least once every two years after the base year measurement in order to assess progress toward the established GTEC goals and targets. The program's measurement methodology shall be consistent with the GTEC guidelines established by WSDOT and listed on the agency's website.

(vi) Description of program strategies. Using the gap analysis evaluation, the local jurisdiction and its partners shall identify what new or revised services, policies and programs may be needed in order to meet the GTEC's established goals and targets.

The local jurisdiction shall consult with appropriate representatives of local transit agencies, the applicable RTPO, business associations and economic development organizations, nonprofit transportation and land use advocacy organizations, public health agencies, and residents, employees and businesses that will be affected by the GTEC so that they may provide their perception of what services, policies and programs are needed to meet the GTEC's established goals and targets. The state's intent is for the discussion to be an open, collaborative process, and for all of the parties to think about how they may be able to improve their own services, policies and programs, or develop stronger partnerships, in order to support the GTEC's established goals and targets.

The GTEC program plan shall identify the target population that will be the focus of the plan, as well as the services, policies and programs that will be needed in order to meet the GTEC's established goals and targets. These may include new services, policies and programs or improvements to existing services, policies and programs. The state recognizes that program strategies will vary across the state, depending on local conditions, needs, partnerships, and resources.

The GTEC program plan may include but is not limited to the following strategies:

(A) Improvements to policies and regulations;

(B) New services and facilities; and

(vii) Financial plan. The GTEC program plan shall include a sustainable financial plan that demonstrates how the jurisdiction plans to implement the GTEC program to meet its goals and targets. The plan shall describe resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommend any innovating financing techniques consistent with chapter 47.29 RCW, including public/private partnerships, to finance needed facilities, services, and programs. The plan shall specifically describe when and how the expected funding resources will fund the plan's strategies. The plan shall describe how locally derived funding resources will be leveraged as a match to state GTEC program funds allocated through the CTR board according to its funding policy. The plan shall describe the jurisdiction's contingency plan if anticipated funds do not become available to support the plan. Jurisdictions may consider using other state TDM funding resources, including the trip reduction performance program, the vanpool investment program, the rideshare tax credit, and the regional mobility grant program, in funding their GTEC programs.

(viii) Proposed organizational structure for implementing the program. The GTEC program plan shall identify the organization or organizations that are proposed to administer the GTEC program. The plan shall describe the roles of the local jurisdiction's partners by describing who will implement the various strategies identified in the plan and when the elements of the plan are expected to be implemented. If the jurisdiction will update its comprehensive plan to be consistent with the GTEC program plan, it shall describe which elements need updating and when the update will occur.

(ix) Documentation of public outreach. The GTEC program plan shall document the level and frequency of outreach and consultation with local transit agencies, the applicable RTPO, major employers, and other affected parties in the development of the GTEC program plan. The jurisdiction may choose to include letters of support from business associations, developers, employers and others as documentation of consultation. When submitting the plan to the RTPO for certification, the local jurisdiction shall include letters of support from those partners that are expected to contribute resources to the plan or intend to work with the local jurisdiction to develop future strategies and funding resources for the GTEC.

(x) Description of relationship to local CTR plan. Jurisdictions shall describe the relationship of the GTEC program plan to the base CTR program in the local CTR plan. The narrative shall include information about what the GTEC plan adds beyond the requirements and strategies in the base CTR program, and the expected benefits of the GTEC plan for the base CTR program.

(3) Support for GTECs.

(a) Prioritization. RCW 70.94.528 requires transit agencies, local governments, and RTPOs to identify certified GTECs as priority areas for new service and facility investments in their respective investment plans. Transit agencies, local governments, regional transportation planning organizations, and the state shall identify certified growth and transportation efficiency centers as priority areas for new service and facility investments in future updates of their investment plans, as required by RCW 70.94.528(1). Periodically, the CTR board shall evaluate the degree to which prioritization of GTECs has occurred.

(i) Transit development plan. The local transit agency shall examine and revise funding prioritization policies, recognizing funding constraints and competing priorities, in order to meet the state's intent to prioritize certified GTECs for investments in facilities, services, and amenities in its transit development plan.

(ii) City and county six-year comprehensive transportation programs. The city or county shall examine and revise funding prioritization policies, recognizing funding constraints and competing priorities, in order to meet the state's intent to prioritize certified GTECs for investments in facilities, services, and amenities in its comprehensive transportation program.

(iii) Regional transportation plan. The RTPO shall examine and revise funding prioritization policies, recognizing funding constraints and competing priorities, in order to meet the state's intent to prioritize certified GTECs for investments in facilities, services, and amenities in its regional transportation plan.

(iv) State plans. WSDOT, the department of community, trade, and economic development, the transportation improvement board and the public works trust fund shall examine funding prioritization policies, recognizing funding constraints and competing priorities, in order to meet the state's intent to prioritize certified GTECs for investments in facilities and services as part of state plans and programs.

(b) Integration. The GTEC program plan shall be incorporated into other plans and programs, including local comprehensive plans and transportation improvement programs, as they are updated after January 1, 2008.

History

Statutory Authority: RCW 70.94.537. WSR 15-13-038, § 468-63-060, filed 6/9/15, effective 7/10/15
WSR 07-05-065, § 468-63-060, filed 2/20/07, effective 3/23/07.

Wash. Admin. Code § 468-63-070 Opt-in, additions, and exemptions.

(1) Criteria and process for opt-in. RCW 70.94.537 (2)(h) requires WSDOT to establish criteria and a process to determine whether jurisdictions that voluntarily implement CTR are eligible for state funding. Jurisdictions that are not required to implement CTR may volunteer to participate in the program. The state CTR board is not required to provide state CTR program funding to jurisdictions that opt-in. WSDOT shall provide technical assistance to opt-in jurisdictions that meet the requirements of these rules. The state intends for each jurisdiction participating in CTR to implement a consistent set of requirements for employers. Therefore, jurisdictions that opt-in to the CTR program shall follow the requirements of the rules, with the following exceptions listed below.

(a) Local CTR plan. Voluntary jurisdictions may, instead of developing a stand-alone CTR plan meeting the planning requirements described in these rules, develop an amendment to the transportation element of the local comprehensive plan. The amendment shall contain the following:

(i) Goals and numerical targets for reductions in the proportion of single-occupant vehicle commute trips and vehicle miles traveled per CTR commuter for the area established by the jurisdiction;

(ii) An assessment of current conditions and how attainment of the program goal can help the jurisdiction meet its broader growth and transportation goals;

(iii) A description of local services that will help the jurisdiction and its employers meet the goals and targets;

(iv) A description of the requirements for employers;

(v) A determination of the base year value and how progress toward meeting the program goal will be measured, consistent with the measurement guidelines issued by WSDOT; and

(vi) A description of how the program will be funded and administered.

The jurisdiction must adopt the comprehensive plan amendment and adopt an ordinance implementing the CTR requirements described in the comprehensive plan to be considered an opt-in CTR jurisdiction.

(b) State technical assistance. After an opt-in jurisdiction provides confirmation to the CTR board that a CTR ordinance has been adopted and the jurisdiction has updated its comprehensive plan to include CTR plan information, the jurisdiction shall be eligible to receive a comparable level of technical assistance that WSDOT provides to other jurisdictions required to adopt and implement CTR plans.

(2) Criteria and procedure for RTPOs to propose to add urban growth areas. RCW 70.94.537 (2)(f) requires WSDOT to establish criteria and procedures for RTPOs in consultation with local jurisdictions to propose to add urban growth areas. In their regional CTR plans, RTPOs may propose to add urban growth areas to the CTR program. The proposal shall list the jurisdictions in the urban growth area proposed to be added, and shall include documentation of the jurisdiction's consent to be added to the CTR program. If the proposed additions are accepted by the CTR board, the identified, consenting jurisdictions in the added urban growth areas shall be considered as opt-in jurisdictions. The opt-in jurisdictions shall be eligible to receive a comparable level of technical assistance that WSDOT provides to other jurisdictions required to adopt and implement CTR plans. The state CTR board is not required to provide state CTR program funding to jurisdictions that opt-in.

The CTR board shall consider proposed additions to the CTR program as part of its review of the regional CTR plan. In order for a jurisdiction to be approved as an opt-in jurisdiction through the regional CTR plan, the regional CTR plan shall include the following elements for each opt-in jurisdiction:

(a) Goals and numerical targets for reductions in the proportion of single-occupant vehicle commute trips and vehicle miles traveled per CTR commuter established by the proposed jurisdiction for the urban growth area and its employers;

(b) An assessment of current conditions and how attainment of the program goal can help the proposed jurisdiction meets its broader growth and transportation goals;

(c) A description of local services that will help the proposed jurisdiction and its employers meet the goals and targets;

(d) A description of the requirements for employers;

(e) A determination of the base year value and how progress toward meeting the program goal will be measured, consistent with the measurement guidelines issued by WSDOT; and

(f) A description of how the program will be funded and administered.

(3) Criteria and procedure for RTPOs to propose to exempt urban growth areas. RCW 70.94.537 (2)(f) requires WSDOT to establish criteria and procedures for RTPOs in consultation with local jurisdictions to propose to exempt urban growth areas.

(a) Exemption criteria. In order for their urban growth area to be exempted, jurisdictions must document in the submittal of their local CTR plan that they meet the following criteria:

(i) Development of a local CTR plan that meets the requirements in these rules;

(ii) The jurisdiction is not currently experiencing any problems with traffic congestion or traffic safety; and

(iii) The jurisdiction has not received any state transportation funding, including grant funding, for transportation improvements in the urban growth area within two years of the submittal of the local CTR plan;

(b) Exemption application process. A jurisdiction that seeks an urban growth area exemption shall notify its RTPO as part of the submittal of its local CTR plan. If the RTPO concurs with the urban growth area exemption request, the RTPO will submit the urban growth area exemption request with the regional CTR plan to the CTR board. The urban growth area exemption request shall describe why the exemption is justified.

RTPOs shall submit any urban growth area exemption requests to the CTR board by October 1, 2007, or by March 31 every two years thereafter. The CTR board may consider urban growth area exemption requests at other times.

The CTR board shall consider the proposed urban growth area exemption while reviewing the regional CTR plan, and approve or deny the urban growth area exemption. The CTR board shall state the reasoning for its decision and communicate the information in writing to the RTPO.

If the CTR board grants the urban growth area exemption, the jurisdiction is exempt from the requirements of the CTR law until the regional CTR plan is updated and the exemption is reevaluated.

If the CTR board denies the urban growth area exemption, the jurisdiction may appeal the decision to the secretary of transportation or his/her designee within sixty days of the board's decision by submitting a written request for appeal to the secretary of transportation or his/her designee. The secretary of transportation or his/her designee shall consider the appeal within sixty days of the jurisdiction's request. If the secretary of transportation or his/her designee grants the appeal, the exemption shall be granted by the CTR board. If the secretary of transportation or his/her designee denies the appeal, the jurisdiction is required to follow the CTR requirements and the regional CTR plan must reflect the inclusion of the jurisdiction's CTR plan.

(c) Reevaluation of exemption. As part of the regional CTR plan update, RTPOs, in consultation with local jurisdictions, shall reevaluate any exempted urban growth areas to assess whether the conditions that qualified the area for the exemption have changed. For each proposed urban growth area, the RTPO shall discuss its reasoning for a continued exemption or removal of exemption with the CTR board, and the CTR board will decide whether or not a change is warranted.

History

Statutory Authority: RCW 70.94.537. WSR 07-05-065, § 468-63-070, filed 2/20/07, effective 3/23/07.

Chapter 468-66 Highway Advertising Control Act.

Wash. Admin. Code § 468-66-010 Definitions.

The following terms when used in this chapter shall have the following meanings:

(1) "Abandoned" means a sign for which neither sign owner nor land owner claim any responsibility.

(2) "Act" means the Highway Advertising Act of 1961, as amended and embodied in chapter 47.42 RCW.

(3) "Centerline of the highway" means a line equidistant from the edges of the median separating the main-traveled ways of a divided highway, or the centerline of the main-traveled way of a nondivided highway.

(4) "Commercial and industrial areas" means any area zoned commercial or industrial by a county or municipal code; or, if unzoned or zoned for general uses by a county or municipal code, that area occupied by three or more separate and distinct commercial and/or industrial activities within a space of five hundred feet and the area within five hundred feet of such activities on both sides of the highway. The area shall be measured from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the commercial or industrial activity and not from the property lines of the parcels upon which such activities are located. Measurements shall be along or parallel to the edge of the main-traveled way of the highway. The following shall not be considered commercial or industrial activities:

(a) Agricultural, forestry, grazing, farming, and related activities, including, but not limited to, wayside fresh produce stands;

(b) Transient or temporary activities;

(d) Signs;

(e) Activities more than six hundred and sixty feet from the nearest edge of the right of way;

(f) Activities conducted in a building principally used as a residence. Residences are buildings used as homes, located in areas where individuals and families typically reside. Residence buildings no longer used as homes may be considered commercial or industrial activities, if used for commercial or industrial purposes and located in areas having either mixed or primarily commercial and industrial development.

If any commercial or industrial activity that has been used in defining or delineating an unzoned commercial or industrial area ceases to operate for a period of six continuous months resulting in fewer than three commercial or industrial activities remaining within that area, the unzoned area is deemed to no longer exist. Any signs located within the former unzoned area are declared nonconforming.

(5) "Department" means the Washington state department of transportation.

(6) "Destroyed" means a nonconforming sign shall be considered destroyed if more than fifty percent of the sign structure components are dislocated or damaged to the extent that the sign face has fallen to the ground.

(7) "Discontinued" means a sign shall be considered discontinued if, after receiving notice from the department of absence of advertising content for ninety days, the permit holder fails to put advertising content on the sign within ninety days of the notice. The department may extend the ninety-day compliance time to a maximum of one year, if the sign owner provides documentation of unique circumstances creating involuntary discontinuance and preventing the sign owner from placing advertising content on the sign.

(8) "Electronic sign" means an on-premise advertising sign having a signboard display that can be changed by an electrical, electronic, or computerized process.

(9) "Entrance roadway" means any public road or turning roadway including acceleration lanes, by which traffic may enter the main-traveled way of a limited access highway from the general road system within the state, including rest areas, view points, and sites used by the general public, irrespective of whether traffic may also leave the main-traveled way by such road or turning roadway.

(10) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish.

(11) "Exit roadway" means any public road or turning roadway including deceleration lanes, by which traffic may leave the main-traveled way of a limited access highway to reach the general road system within the state, including rest areas, view points, and sites used by the general public, irrespective of whether traffic may also enter the main-traveled way by such road or turning roadway.

(12) "Interstate system" means any state highway that is or becomes part of the national system of interstate and defense highways as described in section 103(e) of Title 23, United States Code.

(13) "Legible" means capable of being read without visual aid by a person of normal visual acuity.

(14) "Limited access highway" means a state highway, or a portion of a state highway, along which the department has acquired access rights as provided by chapter 47.52 RCW. A state highway, or a portion of a state highway, along which the department has not acquired access rights as provided by chapter 47.52 RCW is termed herein as a "nonlimited access highway."

(15) "Maintain" means to allow to exist.

(16) "Main-traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways, entrance roadways, exit roadways, or parking areas.

(17) "National scenic byway" means any state highway designated as part of the national scenic byway system authorized by the 1991 Intermodal Surface Transportation Efficiency Act.

(18) "Person" means this state or any public or private corporation, firm, partnership, association, as well as any individual, or individuals.

(19) "Primary system" means any state highway which is part of the federal-aid primary system as described in section 103(b) of Title 23, United States Code, in existence on June 1, 1991, as enacted in the 1991 Intermodal Surface Transportation Efficiency Act, and any highway which is not on such system but which is on the national highway system.

(20) "Public service information" means a message on an electronic sign that provides the time, date, temperature, weather, or information about nonprofit activities sponsored by civic or charitable organizations.

(21) "Scenic system" means:

(a) Any state highway within any public park, federal forest area, public beach, public recreation area, or national monument;

(b) Any state highway or portion thereof outside the boundaries of any incorporated city or town designated in RCW 47.42.140 by the legislature as a part of the scenic system; or

(c) Any national scenic byway or state highway or portion thereof, outside the boundaries of any incorporated city or town, designated by the legislature in chapter 47.39 RCW as a part of the scenic and recreational highway system except for the sections of highways specifically excluded in RCW 47.42.025 or located within areas zoned by the governing county for predominantly commercial and industrial uses, and having development visible to the highway as determined by the department.

(22) "Sign" means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main-traveled way of the interstate system or other state highway. The term includes the sign face(s), and the sign structure unless the sign is painted on a building, and applies to portable, temporary, and permanent installations. Signs are further defined by the provisions following:

(a) A single-faced sign may display only one advertised business activity or other activity that may be of interest to motorists.

(b) A double-faced (flanking or side-by-side) sign may only be patterned so that not more than two single-faced signs on one sign structure are visible to traffic approaching from one direction of travel.

(c) A V-type and back-to-back sign displays messages to opposing directions of travel from one sign structure. A V-type and back-to-back sign may only be patterned so that not more than one single-faced sign or double-faced (flanking or side-by-side) sign is visible to traffic approaching from each of the opposing directions of travel.

(d) A nonconforming sign means a sign that was lawfully erected but does not comply with provisions of state law or state regulations passed at a later date, or later fail to comply with the state law or state regulations due to changed conditions.

(e) Illegal signs are those erected or maintained in violation of state law or local law or ordinance.

(f) Pursuant to RCW 47.42.020(8) and 47.36.030(3), the term "sign" does not include signs, banners, or decorations that are devoid of commercial advertising and installed over a state highway to promote a local agency sponsored event.

(g) A "rental income" sign is a permitted Type 4/5 sign actively involved in the business of outdoor advertising. Rental income signs offer advertising display space in exchange for rental fees paid to the sign owner or operator. The term includes signs during periods of vacancy. Pursuant to RCW 47.42.120, permits for rental income signs are subject to an annual renewal fee of one hundred fifty dollars per permit.

(23) "Trade name" shall include brand name, trademark, distinctive symbol, or other similar device or thing used to identify particular products or services.

(24) "Traveled way" means the portion of a roadway for the movement of vehicles, exclusive of shoulders.

(25) "Tri-vision sign" means a sign having a series of three-sided rotating slats arranged side by side, either horizontally or vertically, which are rotated by an electric-mechanical process, capable of displaying a total of three separate and distinct messages, one message at a time.

(26) "Turning roadway" means a connecting roadway for traffic turning between two intersection legs of an interchange.

(27) "Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.

(28) "Visible development area" means a five hundred-foot area along a scenic system state highway, that is zoned for predominantly commercial or industrial uses by the governing county, having three or more commercial or industrial activities within the five hundred-foot area that are visible to traffic in both directions. The consideration of commercial or industrial activities, and measurements that establish the area shall conform with RCW 47.42.020(9).

History

Statutory Authority: RCW 47.42.120. WSR 14-22-055, § 468-66-010, filed 10/30/14, effective 11/30/14. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. WSR 06-03-005, § 468-66-010, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 47.42 RCW. WSR 97-17-010 (Order 170), § 468-66-010, filed 8/7/97, effective 9/7/97
WSR 96-13-007, § 468-66-010, filed 6/6/96, effective 7/7/96. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101(5). WSR 94-12-049 (Order 144), § 468-66-010, filed 5/27/94, effective 6/27/94. Statutory Authority: Chapter 47.42 RCW. WSR 92-09-043 (Order 130), § 468-66-010, filed 4/10/92, effective 5/11/92. Statutory Authority: RCW 47.42.060. WSR 88-22-002 (Order 116), § 468-66-010, filed 10/20/88
WSR 86-01-063 (Order 99), § 468-66-010, filed 12/17/85. Statutory Authority: Chapter 47.42 RCW. WSR 85-17-012 (Order 96), § 468-66-010, filed 8/12/85. Statutory Authority: RCW 47.42.060. WSR 85-03-031 (Order 94), § 468-66-010, filed 1/10/85
WSR 80-06-057 (Order 56), § 468-66-010, filed 5/19/80. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution 13), § 468-66-010, filed 12/20/78. Formerly WAC 252-40-010.

Wash. Admin. Code § 468-66-020 Restrictions on signs.

(1) Except as permitted by the act and these regulations, no person shall erect or maintain a sign which is visible from the main-traveled way of the interstate system, the primary system, or the scenic system. Signs visible to other types of state highways are not restricted by the Scenic Vistas Act or these regulations, but are subject to local ordinances.

(2) In case a highway or a section of highway is a part of both the primary system and the scenic system, only those signs permitted along the scenic system may be erected or maintained.

History

Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. WSR 06-03-005, § 468-66-020, filed 1/4/06, effective 2/4/06. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-66-020, filed 12/20/78. Formerly WAC 252-40-015.

Wash. Admin. Code § 468-66-030 General provisions.

(1) Notwithstanding any other provision of the act or these regulations, no signs visible from the main-traveled way of the interstate system, primary system, or scenic system which have any of the following characteristics shall be erected or maintained:

(a) Signs advertising activities that are illegal under state or federal laws or regulations in effect at the location of such signs or at the location of such activities.

(b) Illegal, destroyed, abandoned, or discontinued signs.

(d) Signs that are not securely affixed to a substantial structure.

(e) Signs which attempt or appear to attempt to direct the movement of traffic or which interfere with, imitate, or resemble any official traffic sign, signal or device.

(f) Signs which prevent the driver of a vehicle from having a clear and unobstructed view of at-grade intersections, approaching or merging traffic, official traffic control signs, or other traffic control devices.

(g)(i) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights, except public service information signs, Type 3 on-premise signs along a primary system highway within an incorporated city or town or commercial or industrial area, or electronic on-premise signs operating in compliance with WAC 468-66-050.

(ii) Signs which have lights that change intensity or color, lasers, strobe lights, or other lights with stroboscopic effect.

(h) Signs which use any lighting in any way unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the highway or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle.

(i) Signs which move or have any animated or moving parts, except revolving public service information signs, Type 3 on-premise signs along a primary system highway within an incorporated city or town or commercial or industrial area, or tri-vision signs operating in compliance with WAC 468-66-030(2).

(j) Signs which are erected or maintained upon trees, power poles or painted or drawn upon rocks or other natural features.

(2) Tri-vision signs may be used as Type 3, Type 4, or Type 5 signs, with the provisions following:

(a) Visible to interstate highways, tri-vision signs may only be used as Type 3 signs.

(b) Rotation of one sign face to another sign face is no more frequent than every eight seconds and the actual rotation process shall be accomplished in four seconds or less.

(c) Tri-vision signs shall contain a default mechanism that will stop the sign in one position should a malfunction occur.

(d) Maximum size limitations shall independently apply to each sign face, including framework and border.

(e) Tri-vision signs are subject to all other applicable provisions of chapter 47.42 RCW and chapter 468-66 WAC.

History

Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. WSR 06-03-005, § 468-66-030, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. WSR 99-24-083 (Order 195), § 468-66-030, filed 11/30/99, effective 12/31/99. Statutory Authority: Chapter 47.42 RCW. WSR 97-17-010 (Order 170), § 468-66-030, filed 8/7/97, effective 9/7/97
WSR 85-17-012 (Order 96), § 468-66-030, filed 8/12/85. Statutory Authority: RCW 47.42.060. WSR 85-03-031 (Order 94), § 468-66-030, filed 1/10/85
WSR 80-04-095 (Order 52), § 468-66-030, filed 4/1/80. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution 13), § 468-66-030, filed 12/20/78. Formerly WAC 252-40-020.

Wash. Admin. Code § 468-66-050 Sign classifications and specific provisions.

Signs shall be classified and restricted to the provisions following:

(1) Type 1 - Directional or other official signs and notices. Directional or other official signs and notices may be erected and maintained on private property or public property, other than state highway right of way, for the purposes of carrying out an official duty or responsibility. The signs may only be installed by public offices or public agencies within their territorial or zoning jurisdiction and shall follow federal, state, or local law.

(a) Type 1(a) - Directional sign. A directional sign may only be installed in accordance with the provisions following:

(i) Publicly or privately owned places - Directional signs for publicly or privately owned places that feature natural phenomena; historical, cultural, scientific, or educational opportunities; areas of scenic beauty, or outdoor recreation areas:

• Publicly owned places - Directional signs for public places owned or operated by federal, state, or local government, or their agencies;

• Privately owned places - Directional signs for nonprofit privately owned places that feature scenic attractions. The attractions must be nationally or regionally known, or of outstanding interest to travelers.

(ii) A sign message shall be limited to identification of the activity or attraction and directional information. Directional information is limited to that which helps the motorist locate the activity, such as providing mileage to the activity, highway route or exit numbers.

(iii) Descriptive words, phrases, and photographic or pictorial representations of the activity or attraction are prohibited.

(iv) Type 1(a) signs shall not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim but excluding supports.

(v) The department must approve the proposed installation location.

(vi) Along the interstate system and other limited access highways having grade separations (interchanges), a sign shall not be located within two thousand feet of an interchange or rest area, measured from the ramp physical gore, or within two thousand feet of a parkland or scenic area.

(vii) Type 1(a) signs shall not be spaced closer than one mile apart.

(viii) Visible to a state route approaching an activity or attraction, a maximum of three signs per direction of travel are allowed for each activity or attraction.

(ix) Type 1(a) signs located along the interstate system shall be within seventy-five air miles of the activity or attraction.

(x) Type 1(a) signs located along the primary and scenic systems shall be within fifty air miles of the activity or attraction.

(b) Type 1(b) - Official sign. An official sign may be installed subject to the provisions following:

(i) Type 1(b) signs may only be erected and maintained by public offices or public agencies.

(ii) Type 1(b) signs may only be located within the governing jurisdiction of the public office or public agency.

(iii) Type 1(b) signs shall follow federal, state, or local law.

(iv) Type 1(b) sign message content is limited to providing information that furthers an official duty or responsibility.

(v) Type 1(b) signs shall not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim but excluding supports.

(vi) Type 1(b) signs may be historical markers authorized by federal, state, and local law.

(vii) Type 1(b) signs are not regulated by the act with regard to visibility to highways, zoning requirements, number of signs, or spacing.

(i) Type 1(c) signs shall contain only the name of a nonprofit organization, its address, and the time of its meeting or service.

(ii) Type 1(c) signs shall not exceed eight square feet in area.

(iii) Type 1(c) signs are not regulated by the act with regard to visibility to highways, zoning requirements, number of signs, or spacing.

(2) Type 2 - For sale or lease sign. A Type 2 sign may only advertise the sale or lease of the parcel of real property upon which the sign is located. The name of the owner of the property offered for sale or lease, or the owner's agent and phone number shall not be displayed more conspicuously than the words "for sale" or "for lease." No other message may be displayed on the sign.

(a) Type 2 signs shall not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim but excluding supports.

(b) Not more than one Type 2 sign may be installed that is visible to traffic proceeding in any one direction on an interstate, primary, or scenic system highway.

(3) Type 3 - On-premise signs.

(a) Type 3(a) - On-premise sign. A Type 3(a) on-premise sign may only advertise an activity conducted on the property upon which the sign is located.

(i) A Type 3(a) on-premise sign shall be limited to advertising the business or the owner, or the products or services offered on the property. A sign consisting mainly of a brand name, trade name, product or service incidental to the main products or services offered on the property, or a sign bringing rental income to the property, is not an on-premise sign.

(ii) A Type 3(a) on-premise sign more than fifty feet from the advertised activity may not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim but excluding supports. The act does not regulate the size of Type 3(a) on-premise signs located within fifty feet of the advertised activity.

(iii) A Type 3(a) on-premise sign located at a shopping center, mall, or business combination is not authorized more than fifty feet from the individual activity it advertises, unless it is installed together with a Type (3)(b) business complex on-premise sign as described in (b)(i) of this subsection.

(b) Type 3(b) - Business complex on-premise sign. A Type 3(b) business complex on-premise sign may display the name of a shopping center, mall, or business combination.

(i) Where a business complex erects a Type 3(b) on-premise sign, the sign structure may display additional individual business signs identifying each of the businesses conducted on the premises. A Type 3(b) on-premise sign structure may also have attached a display area, such as a manually changeable copy panel, reader board, or electronically changeable message center, for advertising on-premise activities and/or presenting public service information.

(ii) Type 3(b) on-premise signs are not regulated by the act with regard to size. Any Type 3(a) on-premise sign and any display area, installed together with a Type 3(b) on-premise sign, may not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area, including border and trim.

(c) Type 3(c) - Future site on-premise sign. A Type 3(c) future site on-premise sign may only display the name of a business activity, or other activity of interest to motorists, planned for the property upon which the sign is located and the anticipated opening date of such activity.

(i) The owner, or owner's representative, shall by letter notify the department at least thirty days prior to the installation of the proposed Type 3(c) future site on-premise sign. Said notice shall include the location, sign message, and installation date.

(ii) Type 3(c) future site on-premise signs may remain until the business activity is operational, but shall not exceed one year from the planned installation date. The sign must be removed at the end of one year after the planned installation date if the business activity is not yet operational.

(iii) Type 3(c) future site on-premise signs shall not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area.

(d) Type 3(d) - Temporary political campaign sign. A Type 3(d) temporary political campaign sign may express a property owner's endorsement of a political candidate or ballot issue.

(i) Type 3(d) temporary political campaign signs are limited to a maximum size of thirty-two square feet.

(ii) Type 3(d) temporary political campaign signs must be removed within ten days after an election. After primary elections, temporary political campaign signs endorsing a successful candidate may remain up to ten days after the succeeding general election.

(e) Not more than one Type 3(a) or 3(b) sign, visible to traffic proceeding in any one direction on an interstate system highway; on a primary system highway outside an incorporated city or town or commercial or industrial area; or on a scenic system highway, may be permitted more than fifty feet from the advertised activity. Not more than one Type 3(c) sign may be installed visible to traffic proceeding in any one direction on an interstate system highway; on a primary system highway outside an incorporated city or town or commercial or industrial area; or on a scenic system highway. The act does not regulate Type 3(d) signs with regard to the number of signs installed, visibility from highways, zoning requirements, or spacing.

(i) For Type 3(a) on-premise signs, the fifty-foot distance from the advertised activity shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area, which is the most regularly used and essential to the conduct of the advertised activity as determined solely by the department.

(ii) For Type 3(b) on-premise signs, the fifty-foot distance from the advertised activity may be measured in the same manner as for Type 3(a) on-premise signs, or may be measured fifty feet from the nearest portion of a combined parking area.

(f) A Type 3(a) or 3(b) on-premise sign more than fifty feet from the advertised activity shall not be erected or maintained at a greater distance from the advertised activity than one of the options following, as applicable, selected by the owner of the business being advertised:

(i) One hundred fifty feet measured along the edge of the protected highway from the nearest edge of the main entrance to the activity advertised;

(ii) One hundred fifty feet from any outside wall of the main building of the advertised activity; or

(iii) Fifty feet from any outside edge of a regularly used parking lot maintained by, and contiguous to, the advertised activity.

(g) Electronic signs may be used only as Type 3 on-premise signs and/or to present public service information, as follows:

(i) Advertising messages on electronic signboards may contain words, phrases, sentences, symbols, trademarks, and logos. A single message or a message segment must have a static display time of at least two seconds after moving onto the signboard, with all segments of the total message to be displayed within ten seconds. A one-segment message may remain static on the signboard with no duration limit.

(ii) Displays may travel horizontally or scroll vertically onto electronic signboards, but must hold in a static position for two seconds after completing the travel or scroll.

(iii) Displays shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights. Displays shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, or otherwise portray graphics or animation as it moves onto, is displayed on, or leaves the signboard.

(iv) Electronic signs requiring more than four seconds to change from one single message display to another shall be turned off during the change interval.

(v) No electronic sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. In no case may the brightness exceed 8,000 nits or equivalent candelas during daylight hours, or 1,000 nits or equivalent candelas between dusk and dawn. Signs found to be too bright shall be adjusted as directed by the department.

(h) The act does not regulate Type 3(a), 3(b), 3(c), and 3(d) on-premise signs located along primary system highways inside an incorporated city or town or a commercial or industrial area.

(4) Type 4 - Off-premise signs; and

(5) Type 5 - Off-premise signs. Type 4 off-premise signs are distinguishable from Type 5 off-premise signs only by message content. Type 4 off-premise sign messages are those that do not qualify as Type 5 sign messages described in (b) of this subsection.

(a) A Type 4 sign shall be located within twelve air miles of the advertised activity. A Type 4 sign that displays any trade name which refers to or identifies any service rendered or product sold, used, or otherwise handled more than twelve air miles from such sign shall not be permitted unless the name of the advertised activity, which is within twelve air miles of such sign, is displayed as conspicuously as such trade name.

(b) A Type 5 sign displays a message of specific interest to the traveling public. On Type 5 signs, only information about public places operated by federal, state, or local governments, natural phenomena, historic sites, areas of natural scenic beauty or outdoor recreation, and places for lodging, camping, eating, and vehicle service and repair is deemed to be in the specific interest of the traveling public. A trade name is authorized on a Type 5 sign only if it identifies or represents a place of specific interest to the traveling public; or identifies vehicle service, equipment, parts, accessories, fuels, oils, or lubricants being offered for sale at such place. The display of any other trade name is not permitted on Type 5 signs.

(i) Visible to interstate highways, signs may not exceed twenty feet in length, width, or height, or one hundred fifty square feet in area including border and trim but excluding supports.

(ii) Visible to primary highways, the maximum area for any one sign, except as provided in (c)(iii) of this subsection, shall be six hundred seventy-two square feet with a twenty-five-foot maximum height and a fifty-foot maximum length, including the border and trim but excluding the base or apron, supports, and structural members. Cut-outs and extensions may add up to twenty percent of additional sign area.

(iii) Each sign face of a double-faced (flanking and side-by-side) sign may not exceed three hundred twenty-five square feet.

(d) The spacing of Type 4 and Type 5 signs along interstate highways and visible to traffic traveling in one direction shall be restricted as follows:

(i) Type 4 and Type 5 signs visible to traffic approaching an intersection of the main-traveled way of an interstate highway and an exit roadway may not exceed the number following:

| Distance from intersection | Number of signs | | --- | --- | | 0 - 2 miles. . . . | 0 | | 2 - 5 miles. . . . | 6 | | More than 5 miles. . . . | Average of one sign per mile |

The specified distances shall be measured to the nearest point of intersection of the traveled way of the exit roadway and the main-traveled way of the interstate highway.

(ii) Not more than two such signs may be permitted within any mile distance and no such signs may be permitted less than one thousand feet apart.

(iii) Type 1, 2, and 3 signs shall not be considered in determining compliance with the above spacing requirements.

(iv) Type 4 and Type 5 signs may not be permitted adjacent to interstate highway right of way within the limits of an interchange, including its entrance or exit roadways.

(v) Type 4 and Type 5 signs visible to interstate highway traffic, which has passed an entrance roadway, may not be permitted within one thousand feet of the point where the entrance roadway intersects with the interstate highway. The distance shall be measured from the intersection point farthest from the preceding interchange.

(vi) Not more than one Type 4 or Type 5 sign, advertising activities conducted as a single enterprise or giving information about a single place, may be erected or maintained in such manner as to be visible to traffic moving in any one direction on any one interstate highway.

(e) The spacing of Type 4 and Type 5 signs visible to primary highways shall be restricted as follows:

(i) On limited access highways, no two signs may be spaced less than one thousand feet apart, and no sign may be located within three thousand feet of the center of a grade separated interchange, a safety rest area, or an information center, or within one thousand feet of an at-grade intersection. Not more than a total of five sign structures may be permitted per mile, including both sides of the highway. Double-faced (flanking or side-by-side) signs are prohibited.

(ii) On nonlimited access highways inside the boundaries of incorporated cities or towns, not more than a total of four sign structures, including both sides of the highway, may be permitted within a space of six hundred sixty feet or between platted intersecting streets or highways. There shall also be a minimum of one hundred feet between sign structures, including both sides of the highway.

(iii) On nonlimited access highways outside the boundaries of incorporated cities or towns, the minimum spacing between sign structures on each side of the highway shall be five hundred feet.

(iv) Back-to-back signs and V-type signs shall be considered one sign structure.

(f) The minimum space between sign structures located on the same side of the highway shall be measured between two points along the nearest edge of pavement. The measurement points are established at the origin of lines extending perpendicular from the edge of pavement to the apparent centers of the sign structures.

(g) The minimum space between sign structures located on opposite sides of the highway shall be measured in the applicable manner following:

(i) Along tangent sections, sign spacing is measured between two points along the edge of pavement in the increasing milepost direction of travel. One measurement point is established at the origin of a line extending perpendicular from the edge of pavement to the apparent center of the sign structure located in the increasing direction of travel. The second measurement point is established at the origin of a line extending perpendicular from the edge of pavement to the apparent center of the sign structure located in the decreasing direction of travel.

(ii) Along horizontal curve sections, sign spacing is measured between two points on the edge of pavement along the arc on the inside of the curve. One measurement point is established at the origin of a line extending perpendicular from the edge of pavement to the apparent center of the sign structure located along the highway in the increasing milepost direction of travel. The second measurement point is established at the origin of a line extending perpendicular from the edge of pavement to the apparent center of the sign structure located along the highway in the decreasing milepost direction of travel.

(h) Type 1, 2, 3, 7, and 8 signs shall not be considered in determining compliance with the above spacing requirements.

(i) Type 4 and Type 5 signs may be permitted within commercial and industrial areas adjacent to interstate and primary highways, provided that spacing is available as specified in (d) and (e) of this subsection.

(j) Type 4 and Type 5 signs are not permitted visible to the scenic system.

(k) Pursuant to the 1991 Intermodal Surface Transportation Efficiency Act, a National Scenic Byway Demonstration Project is established on State Route 101, from the Astoria/Megler Bridge to Fowler Street in Raymond and from the junction with State Route 109 near Queets to the junction with State Route 5 near Olympia. No new Type 4 or Type 5 signs may be permitted within the limits of this project. Type 4 or Type 5 signs installed prior to July 25, 1993, may remain as nonconforming signs.

(6) Type 6 - Landmark signs.

(a) Type 6 signs shall have been lawfully in existence on October 22, 1965, and have historic or artistic significance, including signs on farm structures or natural surfaces.

(b) Historic or artistic significance shall be determined by the department and approved by the Federal Highway Administration.

(c) Within the limits of the National Scenic Byway Demonstration Project identified in (5)(h) of this subsection, Type 6 signs may remain as nonconforming signs.

(7) Type 7 - Public service signs located on school bus stop shelters. Type 7 signs may display safety slogans or messages, and identify the donor, sponsor, or contributor of a school bus stop shelter. No other message(s) may be displayed.

(a) Safety slogans or messages must occupy at least sixty percent of the sign area, and appear more predominant than the name of the donor, sponsor, or contributor.

(b) Type 7 signs may be located on school bus stop shelters only as authorized or approved by state law or regulation, or city or county ordinance or resolution, and may be installed visible to primary and scenic system highways.

(c) Type 7 signs may not exceed thirty-two square feet. A sign shall not protrude above the roofline or beyond the sides of the school bus stop shelter.

(d) Not more than one sign on each shelter may face in any one direction.

(e) The act does not regulate Type 7 signs with regard to zoning requirements or spacing between Type 7 signs and other types of signs.

(8) Type 8 - Temporary agricultural directional signs. Type 8 signs provide directional information to places of business having seasonal agricultural products for sale.

(a) Type 8 signs may display the business name, product(s) for sale, travel direction, and travel distance to the nearest mile from the state highway to the business.

(b) Type 8 signs may not exceed thirty-two square feet.

(d) Not more than two signs advertising a place of temporary agricultural business may be installed visible to traffic proceeding in one direction of travel on any one state route.

(e) Premises on which the seasonal agricultural products are sold must be within fifteen air miles of the state highway.

(f) Type 8 signs may be posted only during the period of time the seasonal agricultural product(s) is being sold.

(g) Any necessary supplemental follow-through signs along city streets or county roads must be installed before the Type 8 signs may be installed visible to the state highway.

(h) The signs may be installed visible to primary system highways outside incorporated cities or towns, and scenic system highways.

(i) Type 8 signs may not be installed visible to interstate highways, including interstate highways that are also part of the scenic system, or visible to primary system highways within incorporated cities or towns.

(j) The act does not regulate Type 8 signs with regard to zoning requirements or spacing between Type 8 signs and other types of signs.

History

Statutory Authority: RCW 47.42.120. WSR 14-22-055, § 468-66-050, filed 10/30/14, effective 11/30/14. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. WSR 06-03-005, § 468-66-050, filed 1/4/06, effective 2/4/06. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. WSR 99-24-083 (Order 195), § 468-66-050, filed 11/30/99, effective 12/31/99. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101(5). WSR 94-12-049 (Order 144), § 468-66-050, filed 5/27/94, effective 6/27/94. Statutory Authority: RCW 47.42.060. WSR 88-22-002 (Order 116), § 468-66-050, filed 10/20/88. Statutory Authority: Chapter 47.42 RCW. WSR 85-17-012 (Order 96), § 468-66-050, filed 8/12/85. Statutory Authority: RCW 47.42.060. WSR 80-05-055 (Order 55), § 468-66-050, filed 4/18/80. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-66-050, filed 12/20/78. Formerly WAC 252-40-040.

Wash. Admin. Code § 468-66-200 Nonconforming signs.

(1) Nonconforming signs may be maintained, except as provided in subsection (3) of this section, unless otherwise removed pursuant to chapter 47.42 RCW.

(2) A nonconforming sign may be sold or leased, or otherwise transferred without affecting its status, but its location may not be changed. A nonconforming sign removed as a result of a right of way taking or for any other reason may be relocated to a conforming location but cannot be reestablished at another nonconforming location.

(3) A nonconforming sign may not be maintained if:

(a) The sign face size is increased more than fifteen percent over the original sign face size as of May 10, 1971 (the effective date of the Scenic Vistas Act), or as of the effective date of Scenic Vistas Act control over a given route, whichever applies;

(b) There are substantial changes to the sign structure's original construction materials, such as upgrades from wooden to steel signposts; or

(4) Nonconforming signs shall be considered for sign spacing requirements pursuant to WAC 468-66-050.

(5) Destroyed nonconforming signs may only be reerected, and only in kind, if destroyed due to vandalism or other criminal or tortious acts.

History

Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. WSR 06-03-005, § 468-66-200, filed 1/4/06, effective 2/4/06.

Wash. Admin. Code § 468-66-210 Permit issuance and maintenance.

(1) No signs except Type 1, Type 2, or Type 3 signs, shall be erected or maintained adjacent and visible to interstate system, primary system, or scenic system highways without a permit issued by the department. A permit to erect and maintain a sign that complies with the requirements of this chapter and is adjacent and visible to an interstate system, primary system, or scenic system highway will be issued by the department in accordance with this section.

(2) Permit applications for Types 4, 5, 6, and 7 signs will be accepted only at the department's headquarters located in Olympia, Washington. Applications transmitted by mail shall be considered received as of the date delivered to the department, rather than the postmarked date of mailing.

(3) Application forms for Type 4, 5, 6, and 7 signs, titled Application - Outdoor Advertising Sign Permit, shall be certified by the sign owner under penalty of perjury under the laws of the state of Washington and contain the information following:

(a) The name and address of the sign owner, with a signed statement that says "I, the undersigned applicant, declare under penalty of perjury under the laws of the state of Washington that the information provided herein, concerning the location of sign, sign description, and property owner/lessee, is accurate and true. I also acknowledge that any discrepancy in such information discovered hereafter is cause for the department of transportation to revoke this sign permit; and further declare that, after permit revocation, I shall remove without compensation any sign erected under such permit." The signature block shall also contain space for the sign owner to list the location, city, county, and state, where the sign owner signs the application.

(b) The statement and signature of the owner of the property on which the sign is to be erected and maintained, which states that the property owner consents to the sign installation and maintenance. A complete and valid lease between the sign owner and the property owner may be accepted in lieu of the property owner's statement and signature.

(c) A statement or site map that describes or shows both the precise location of the proposed sign site and a readily identifiable stake or other marker placed in the ground at the site.

(d) A description of the proposed sign's size, shape, and directional orientation to an identified state route.

(e) A description of the advertising copy or message to be placed on the sign, if the sign is intended to be visible to the interstate system.

(f) Other information that the department may require.

(4) Applications for Type 4, 5, 6, and 7 signs shall be accompanied by a nonrefundable fee of one hundred fifty dollars for each sign structure.

(5) Type 4, 5, 6, and 7 sign permits shall be for the remainder of the calendar year in which they are issued; accompanying fees shall not be prorated for fractions of the year. Permits are renewed annually through the certification process following:

(a) Prior to January 1 of each year the department shall require, through the use of a permit renewal certification form, permit renewal certification from each permit holder.

(i) To renew a permit, the permit holder or the permit holder's representative shall recertify by signature under penalty of perjury under the laws of the state of Washington that all information on the permit is accurate and that the permit holder desires to retain the permit in good standing for the upcoming calendar year.

(ii) Type 4 and 5 rental income signs shall be charged an annual renewal fee of one hundred fifty dollars per permit.

(iii) The completed permit renewal certification shall be returned to the department not later than December 31.

(b) If the department does not receive the required permit renewal certification and any required permit renewal fees by December 31, the permit will automatically terminate, the sign will become an illegal sign, and the department will initiate proceedings as authorized by RCW 47.42.080 to remove the illegal sign. The department shall cause the permit renewal certification form to contain this information.

(6) Changes in size, shape, or position of a permitted sign shall be reported to the department in Olympia at least ten days before a change is to be made. In the case of Type 4 and Type 5 signs permitted along the interstate system, changes in copy shall be reported to the department in Olympia at least ten days before a change is to be made to assure compliance with WAC 468-66-050 (5)(d)(vi).

(7) The department shall be notified when permits in good standing are assigned to another sign owner.

(8) If a permitted sign is intended for relocation, the sign owner must submit a new permit application.

(9)(a) Pursuant to RCW 47.42.130, for every permit issued the department shall also issue a tag that has the department-assigned permit number stamped on its face.

(b) The permittee shall fasten the tag to the sign so it is plainly visible to the highway.

(c) The department will replace a lost or otherwise missing tag after the sign owner pays a replacement fee of thirty dollars.

(10) For Type 8 signs, permit application forms, titled Permit Application - Temporary Agricultural Directional Sign, accompanied by a fee of fifty dollars for each sign face must be submitted to the department's headquarters located in Olympia, Washington. Submittals must include the same information required by subsection (3)(a) through (f) of this section for Types 4, 5, 6, and 7 signs, and:

(a) An exact description of the location of the temporary agricultural business activity;

(b) A description of the proposed sign copy;

(d) Expected weeks/months of sales; and

(e) The Uniform Business Identifier number assigned by the Washington state department of licensing.

After the department approves the application, the permit becomes valid. The sign may be erected at the beginning of the sale season and shall be removed at the end of the sale season. The permit shall be valid for five consecutive years from the date of application approval. A new permit application must be submitted and approved by the department prior to erecting a sign at a location where the five-year permit has expired.

(11) Where the number of applications for available Types 4, 5, 6, and 7 sign sites exceeds the number of available sites, permits shall be awarded on the basis of first received by date and time at the department's headquarters office in Olympia. In the case of a tie between applicants, and upon notification thereof by the department, the department shall determine by lot which applicant shall receive the permit.

(12) A permit issued under this chapter does not relieve the permittee from the duty to comply with all local ordinances or resolutions pertaining to signs and sign structures.

(13) In the event the department has initiated permit revocation proceedings under WAC 468-66-220, the department shall not accept new permit applications for the sign location at issue until such proceedings are concluded and any required signs removed.

History

Statutory Authority: RCW 47.42.120. WSR 14-22-055, § 468-66-210, filed 10/30/14, effective 11/30/14. Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. WSR 06-03-005, § 468-66-210, filed 1/4/06, effective 2/4/06.

Wash. Admin. Code § 468-66-220 Permit revocation, remaining signs illegal.

(1) Pursuant to RCW 47.42.120, after hearing the department may revoke a permit without refund for any of the reasons following:

(a) For making any false or misleading statement on an application for a new permit or during the annual permit renewal certification process, whether or not the statement is material to or relied upon by the department in issuing or renewing the permit; and when such false or misleading statement remains uncorrected after the expiration of thirty days following written notice thereof.

(b) For allowing a sign to remain in a condition of disrepair or unreasonable state of repair after the expiration of thirty days following written notification thereof.

(c) For maintaining a sign, for which a permit has been issued, in violation of any provision of the act or these regulations after the expiration of thirty days following written notice thereof.

(d) For any convictions of a violation of the act or any of these regulations, any permit held by the convicted person may be revoked after the expiration of thirty days following written notice thereof whether or not such violation is related to the sign for which the permit is revoked.

(e) For allowing a sign to remain after it has become abandoned, destroyed or discontinued, as defined in WAC 468-66-010, following written notice thereof. For abandoned or destroyed signs, the department will revoke the permit after the expiration of thirty days following written notice thereof. For discontinued signs, the department will cease permit revocation proceedings if the sign owner places advertising content on the sign within ninety days following written notice thereof.

(2)(a) Any written notice referenced in subsection (1) of this section shall be sent by first class mail, postage prepaid, to the permittee at their last known address on file with the department; and the permittee's receipt of said notice shall be deemed the third day after mailing.

(b) If the permittee does not comply with the written notice within thirty days, the department shall conduct a hearing, revoke the permit, and send written notice of the permit revocation to the permittee. Upon permit revocation the sign will become an illegal sign, and the department will initiate proceedings as authorized by RCW 47.42.080 to remove the illegal sign. Review of the department's action shall be in compliance with RCW 47.42.060.

History

Statutory Authority: Chapter 47.42 RCW and Title 23 Code of Federal Regulations part 750. WSR 06-03-005, § 468-66-220, filed 1/4/06, effective 2/4/06.

Chapter 468-70 Motorist information signs.

Wash. Admin. Code § 468-70-010 General.

(1) These rules and regulations implement, and are prescribed by, chapter 47.36 RCW.

(2) The regulations provide for the installation of motorist information signs which will inform the motoring public of tourist services conveniently accessible from interstate and noninterstate highways within the state.

History

Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. WSR 00-01-184 (Order 196), § 468-70-010, filed 12/22/99, effective 1/22/00. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-70-010, filed 12/20/78. Formerly WAC 252-42-005.

Wash. Admin. Code § 468-70-020 Definitions.

When used in these regulations the term:

(1) "Conventional road" shall mean a noninterstate highway which is not an expressway or freeway.

(2) "Curb service" shall mean that food may be ordered from a vehicle parked in a drive-in service stall and served to a vehicle window by food service staff. At no time shall the vehicle driver or any passenger be required to leave the vehicle to order or be served food.

(3) "Department" shall mean the Washington state department of transportation.

(4) "Expressway" shall mean a divided arterial highway for through traffic with partial control of access and grade separations at most major intersections.

(5) "Fee zone" means:

(a) Fee zone 1, freeways and expressways with average daily trips greater than eighty thousand;

(b) Fee zone 2, freeways and expressways with average daily trips less than eighty thousand;

(6) "Freeway" shall mean an expressway with full control of access, and grade separations over the entire length of the numbered highway route.

(7) "Motorist information signs" shall mean the same as specific service signs as set forth in the Manual on Uniform Traffic Control Devices adopted by the department as chapter 468-95 WAC.

(8) "Motorist service activity" shall mean a business furnishing gas, food, lodging, camping, recreation, tourist-oriented, and twenty-four-hour pharmacy services.

(9) "Owner" shall mean a person who owns or operates a motorist service activity and who has authority to enter into and be bound by agreements relevant to matters covered by these regulations.

(10) "Qualified tourist-oriented business" means any lawful cultural, historical, recreational, educational, or entertaining activity or a unique or unusual commercial or nonprofit activity, the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity.

(11) "RV symbol" means a logo, for a business or destination that accommodates recreational vehicles, designed and attached to a business sign in accordance with WAC 468-70-060(4).

(12) "Supplemental directional panel" shall mean a motorist information sign panel located on, opposite, or at the terminus of an exit ramp bearing business sign for a qualified motorist service activity and directional information.

(13) "Tourist-oriented directional (TOD) sign" means a sign on a motorist information sign panel on the state highway system to provide directional information to a qualified tourist-oriented business, service, or activity.

(14) "Trade name" shall mean any brand name, trade mark, distinctive symbol or other similar device or thing used to identify a particular motorist service.

(15) "Urban area" shall mean an area including and adjacent to a municipality or other place of five thousand or more population as shown by the latest available federal census.

History

Statutory Authority: RCW 47.36.030 and 47.36.320. WSR 10-12-053, § 468-70-020, filed 5/27/10, effective 6/27/10. Statutory Authority: RCW 47.36.030, 47.36.310, and 47.36.320. WSR 06-15-018, § 468-70-020, filed 7/7/06, effective 8/7/06. Statutory Authority: ESHB 2474, 2004 c 229 § 218 and RCW 47.36.310 and 47.36.320. WSR 04-16-056, § 468-70-020, filed 7/29/04, effective 8/29/04. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. WSR 00-01-184 (Order 196), § 468-70-020, filed 12/22/99, effective 1/22/00. Statutory Authority: Chapter 47.42 RCW. WSR 86-08-023 (Order 103), § 468-70-020, filed 3/25/86
WSR 85-17-012 (Order 96), § 468-70-020, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-70-020, filed 12/20/78. Formerly WAC 252-42-010.

Wash. Admin. Code § 468-70-030 Location of panels and signs.

(1) A maximum of four motorist information sign panels may be provided on interchange approaches and in advance of intersections. Where a qualified type of motorist service activity is not present, a panel will not be erected. Where installed, the panels will be erected as follows:

(a) For freeways and interchanges on expressways the panels shall be erected between the previous interchange and at least eight hundred feet in advance of the exit direction sign at the interchange from which the services are available. There shall be at least eight hundred feet spacing between the panels, and there will be one panel each for gas, food, lodging, camping/recreation, TOD, and twenty-four-hour pharmacy except as provided in (c) of this subsection.

(b) For conventional roads the panels shall be erected between the previous intersection and at least three hundred feet in advance of the intersection from which the services are available, signing should not be provided to any service visible at least three hundred feet along the mainline prior to the intersection or driveway approach serving the business. There will be one panel each for gas, food, lodging, camping/recreation, TOD, and twenty-four-hour pharmacy except as provided in (c) of this subsection.

(c) A combined panel may be installed where there is a limited number of qualifying motorist service activities, or insufficient space available to install the array of gas, food, lodging, camping/recreation, TOD's, and twenty-four-hour pharmacy panels as set forth in WAC 468-70-040(2). Not more than three types of motorist service activities may be combined on one mainline back panel. Each type of motorist service activity may be displayed once on a set of back panels along an interchange or intersection approach. The permissible number of business signs that may be displayed per type of motorist service activity shall be as set forth in WAC 468-70-060 (3)(a).

(2) Information for motorist information sign panels on the mainline of expressways/freeways will be repeated on the supplemental directional panels located along the interchange ramp, or at the ramp terminal, where the services are not visible from the ramp. Supplemental directional panels located along interchange ramps to direct motorist to the right or to the left may not display more than three types of motorist service activities. Supplemental directional panels shall only repeat messages installed on the mainline, and shall not contain supplemental messages.

(3) The spacing between motorist information sign panels, and between motorist information sign panels and other official traffic control signs shall be in accordance with the Manual on Uniform Traffic Control Devices. Where there is insufficient spacing for both other official traffic control signs and motorist information sign panels, the other official traffic control signs only shall be installed.

History

Statutory Authority: RCW 47.36.030, 47.36.310, and 47.36.320. WSR 06-15-018, § 468-70-030, filed 7/7/06, effective 8/7/06. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. WSR 00-01-184 (Order 196), § 468-70-030, filed 12/22/99, effective 1/22/00. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101. WSR 91-17-012 (Order 129), § 468-70-030, filed 8/13/91, effective 9/13/91. Statutory Authority: Chapter 47.42 RCW. WSR 86-08-023 (Order 103), § 468-70-030, filed 3/25/86
WSR 85-17-012 (Order 96), § 468-70-030, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-70-030, filed 12/20/78. Formerly WAC 252-42-020.

Wash. Admin. Code § 468-70-040 Interchange and intersection selection for motorist information sign panels.

(1) On an interstate or noninterstate highway the interchange or intersection must:

(a) For interchanges, consist of both an exit and entrance ramp. However, where there is no entrance ramp, the department may determine that another entrance ramp may qualify for motorist information sign panels, provided that it is conveniently located, to permit a motorist to proceed without the use of indirect or poor connecting roads.

(b) For intersections, provide a reasonable and convenient route, in the determination of the department, to permit a motorist to proceed without the use of indirect or poor connecting roads.

(2) Motorist information sign panels may be erected at locations outside the corporate limits of cities and towns and areas zoned for commercial and industrial uses, and at locations within the corporate limits of cities and towns and areas zoned for commercial and industrial uses, where there is sufficient distance between interchanges or intersections to erect the signs in accordance with WAC 468-70-030 (1)(a) and (b). Where there is insufficient space available to install an array of four of the gas, food, lodging, camping/recreation, TOD's, and twenty-four-hour pharmacy panels, the number of panels allowable are normally provided in that order of priority, or as combined panels in accordance with WAC 468-70-030 (1)(c), except that regional administrators may negotiate a revised priority at interchange/intersection locations with local officials. If there is no business interest in signing for any one activity at a location, and space allows, the next lower priority activity can be signed.

(3) Signing will be provided from the nearest interchange or intersection from the nearest freeway/expressway or conventional highway to the activity. Signing will not be provided from a freeway or expressway to another freeway or expressway.

History

Statutory Authority: RCW 47.36.030, 47.36.310, and 47.36.320. WSR 06-15-018, § 468-70-040, filed 7/7/06, effective 8/7/06. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. WSR 00-01-184 (Order 196), § 468-70-040, filed 12/22/99, effective 1/22/00. Statutory Authority: Chapter 47.42 RCW. WSR 86-08-023 (Order 103), § 468-70-040, filed 3/25/86
WSR 85-17-012 (Order 96), § 468-70-040, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-70-040, filed 12/20/78. Formerly WAC 252-42-030.

Wash. Admin. Code § 468-70-050 Business eligibility.

(1) To be eligible for placement of a business sign on a motorist information sign panel a motorist service activity must conform to the following standards:

(a) Gas activity:

(i) Provide vehicle services including fuel, oil, tire repair and water; and

(ii) Be in continuous operation at least sixteen hours a day, seven days a week; and

(iii) Provide restroom facilities, drinking water and a telephone access;

(iv) Motorist information sign panels may be installed and existing signing will not be removed when the motorist service activity is closed for a short period of time or when its hours of operation have been reduced as a result of a shortage of gasoline;

(v) Activities not meeting the tire repair requirement of (i) of this subsection but have gas, oil, and water may qualify for signing provided that the motorist information sign panel displays fewer than the full complement of business signs. A telephone must also be available at no cost for a person to use to acquire tire repair;

(vi) Business signs for card-lock gas activities may be installed, provided that the activities serve the general motoring public, without membership, and accept a variety of credit cards available to the general public. Card-lock gas activities must also meet the applicable requirements of (a)(i) through (v) of this subsection.

(b) Food activity:

(i) Be licensed or approved by the county health office; and

(ii) Food activities in fee zones 1 and 2 shall be in continuous operation to serve meals for a minimum of ten hours a day six days a week, and food activities in fee zone 3 shall be in continuous operation to serve meals for a minimum of eight hours a day six days a week; and

(iii) Have inside seating for a minimum of twenty patrons and parking facilities for a minimum of ten vehicles; and

(iv) If curb service is provided, have a minimum of ten drive-in service stalls; and

(v) Provide telephone and restroom facilities.

(i) Be licensed or approved by the Washington department of health; and

(ii) Provide adequate sleeping and bathroom accommodations available without reservations for rental on a daily basis; and

(iii) Provide public telephone facilities.

(d) Camping activity (applicable only for activities available from interstate highways):

(i) Have a valid business license;

(ii) Consist of at least twenty camping spaces and have adequate parking, modern sanitary and drinking water facilities for such spaces; and

(iii) Have an attendant on duty to manage and maintain the facility twenty-four hours a day while in operation.

(e) Recreation activity (applicable only for activities available from noninterstate highways):

(i) Consist of activities and sports of interest to family groups and the public generally in which people participate for purposes of active physical exercise, collective amusement or enjoyment of nature; e.g., hiking, golfing, skiing, boating, swimming, picnicking, camping, fishing, tennis, horseback riding, ice skating and gun clubs; and

(ii) Be licensed or approved by the state or local agency regulating the particular type of business; and

(iii) When the recreational activity is a campground, it must meet the criteria specified in WAC 468-70-050 (1)(d)(i) thru (iii).

(iv) Activities must be open to the motoring public without appointment, at least six hours a day, five days a week including Saturday and/or Sunday.

(f) Tourist-oriented business activity:

(i) A natural, recreational, historical, cultural, educational, or entertainment activity, or a unique or unusual commercial or nonprofit activity, the major portion of whose income or visitors are derived during its normal business seasons from motorists not residing in the immediate area of the activity.

(ii) Be listed as a historic district on the National Register of Historic Places, on the Washington Heritage Register, or as a National Historic Landmark with the state's office of archaeology and historic preservation. Signs on private property that mark the entrance to the historic district and a letter of support by the jurisdictional local agency are required.

(iii) Be a commercial district as adopted by a city ordinance or resolution with a minimum of one million square feet of leasable commercial space located within one square mile. The commercial district must provide a unique commercial activity where the majority of the district's customers do not reside in the city where the commercial district is located. The commercial district shall be located within one mile of the nearest state highway. Only the name of the commercial district will be displayed on the business sign. Corporate logos may not be displayed.

(iv) Activities must be open to the motoring public without appointment, at least six hours a day, five days a week including Saturday and/or Sunday.

(g) Twenty-four-hour pharmacy:

(i) Be open twenty-four hours a day, seven days a week.

(ii) Have a state-licensed pharmacist present and on duty at all times.

(2) To be eligible for a RV symbol on its business sign, the business or destination shall have amenities, designed to accommodate recreational and other large vehicles, including:

(a) A hard-surfaced access to and from the business, that is free of potholes and is at least twelve feet wide with minimum turning radii of fifty feet.

(b) The roadway access and parking facilities must be free of utility wires, tree branches, or other obstructions up to fourteen feet above the surfacing.

(c) Facilities having short-term parking, such as restaurants and tourist attractions, must have a minimum of two parking spaces that are at least twelve feet wide and sixty-five feet long with a minimum turning radius of fifty feet for entering and exiting.

(d) Fueling islands must be located to allow for pull-through with a minimum entering and exiting turning radius of fifty feet.

(e) Canopied fueling islands must have a fourteen-foot minimum overhead clearance.

(f) Fueling facilities selling diesel are required to have pumps with noncommercial nozzles.

(g) For campgrounds, a minimum of two parking spaces at least eighteen feet wide and forty-five feet long are required.

(h) Business activities must also post directional signing on the premises as needed to indicate RV-friendly parking spaces and other on-site RV-friendly services, so that the motorist is given additional guidance upon leaving the public highway and entering the property.

(3) Distances prescribed herein will be measured from the center of the interchange or intersection along the centerline of the most direct public road to the facility access.

(4) The maximum distance that gas, food, lodging, camping, recreational, or tourist-oriented activities can be located on either side of an interchange or intersection to qualify for a business sign shall be as follows:

(a) From an interstate highway, gas, food, and lodging activities shall be located within three miles in either direction. Camping or tourist-oriented activities shall be located within five miles in either direction;

(b) From a noninterstate highway, gas, food, lodging, recreation, or tourist-oriented activities shall be located within five miles in either direction.

(d) Where there are fewer than the maximum number, as specified in WAC 468-70-060 (3)(a), of eligible services within the distance limits prescribed in (a) and (b) of this subsection, the distance limits may be increased up to a maximum of fifteen miles to complete the balance of allowable signs.

(i) In reference to WAC 468-70-040(3), the department may erect and maintain signs on an alternate route that is longer than fifteen miles if it is safer and still provides reasonable and convenient travel to an eligible activity.

(ii) The department may erect and maintain signs on a route up to a maximum of twenty miles if an activity qualifies as eligible and is located within a distressed area under the criteria set forth in chapter 43.168 RCW.

(5) Within cities and towns having a population greater than twenty-five thousand, the department shall obtain concurrence from the municipality of locations for installing panels, and may request that the municipality install the panels.

(6) A gas, food, lodging, camping/recreational, tourist-oriented, or twenty-four-hour pharmacy activity visible from the mainline at least three hundred feet prior to an intersection shall not qualify for a business sign on such highway. The activity's on-premise sign is considered part of that activity in determining the three hundred foot visibility.

(7) When a multiple business activity qualifies for business sign placement on more than one type of motorist information sign panel, placement will be made on that type of panel which, as determined by the department, best describes the main product or service. Additional business signs for a qualifying multiple business activity may only be placed on more than one type of motorist information sign panel where the applicable panels display fewer than a full complement of business signs. Where these additional business signs complete the full complement of business signs on a motorist information sign panel, the most recently installed of such additional business signs shall be substituted for in the event that a qualifying single business activity applies to receive business signs.

(8) Motorist information sign panels will not be erected and maintained by the department until adequate follow-through signing, as specified by the department, is erected on local roads and/or streets. Written assurance that the follow-through signs will be maintained is required.

(9) Where operations are seasonal, business signs for each specific location shall be removed or covered during the appropriate period as determined by the department.

History

Statutory Authority: RCW 47.36.030 and 47.36.320. WSR 10-12-053, § 468-70-050, filed 5/27/10, effective 6/27/10
WSR 09-18-056, § 468-70-050, filed 8/27/09, effective 9/27/09. Statutory Authority: RCW 47.36.030, 47.36.310, and 47.36.320. WSR 06-15-018, § 468-70-050, filed 7/7/06, effective 8/7/06. Statutory Authority: RCW 47.36.310 and 47.36.320. WSR 03-20-084, § 468-70-050, filed 9/30/03, effective 10/31/03. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. WSR 00-01-184 (Order 196), § 468-70-050, filed 12/22/99, effective 1/22/00. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101. WSR 91-17-012 (Order 129), § 468-70-050, filed 8/13/91, effective 9/13/91. Statutory Authority: Chapter 47.42 RCW. WSR 87-01-054 (Order 106), § 468-70-050, filed 12/16/86
WSR 85-17-012 (Order 96), § 468-70-050, filed 8/12/85. Statutory Authority: RCW 47.42.060. WSR 85-03-031 (Order 94), § 468-70-050, filed 1/10/85. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-70-050, filed 12/20/78. Formerly WAC 252-42-040.

Wash. Admin. Code § 468-70-060 Signing details.

(1) Specifications:

(a) All motorist information sign panels, supplemental directional panels, and business signs shall be constructed in accordance with the Washington state standard specifications and standard plans, and amendments thereto.

(b) All business signs and RV symbols shall be constructed of a single piece of 0.063 inch thick aluminum meeting the requirements of the Washington state standard specifications and amendments thereto.

(c) Reflective sheeting on business signs shall be Type II, Type III, or Type IV meeting the minimum requirements of the Washington state standard specifications and amendments thereto.

(d) Silk-screen paint for business signs shall meet the minimum requirements of the Washington state standard specifications and amendments thereto.

(e) All panels, business signs, and RV symbols shall be fully reflectorized to show the same color both by day and night.

(2) Color of panels, signs, and RV symbols:

(a) The background color for gas, food, lodging, camping, TOD, and twenty-four-hour pharmacy motorist information sign panels and supplemental directional panels shall be blue. The background color for recreation motorist information sign panels and supplemental directional panels shall be brown. The border and lettering on all such signs shall be white.

(b) The background and message colors of business signs shall be at the businesses' option, subject to the department's approval as prescribed by WAC 468-70-070(5).

(3) Composition of motorist information sign panels:

(a) For interchanges, the maximum number of business signs which may be displayed on a motorist information sign panel are six for each gas, food, lodging, camping/recreation, TOD's, and twenty-four-hour pharmacy panel. For intersections, each panel is limited to six business signs. For combined motorist information sign panels on the mainline, the minimum number of business signs which may be displayed is two for each type of motorist service activity. For supplemental directional panels located along interchange ramps, there is no minimum number of business signs which may be displayed for each type of motorist service activity.

(b) Sign panel fabrication layouts, and business sign sizes, are provided in the Appendices of the Motorist Information Signs Booklet published by the Washington state department of transportation.

(i) The panel size shall be sufficient to accommodate the various sizes of business signs and directional information.

(ii) For qualifying businesses located more than one mile from an intersection the business sign shall show the mileage to the business to the nearest mile. For interchanges the mileage will be shown on the supplemental directional panel business signs installed along an interchange ramp or at a ramp terminal.

(4) RV symbol design and statutory mounting location:

(a) RV symbols installed on freeway/expressway size business signs shall be a round twelve-inch diameter plaque displaying eight-inch RV letters. RV symbols installed on conventional roadway size business signs shall be a round six-inch diameter plaque displaying four-inch RV letters.

(b) The RV symbol shall be displayed in the lower right corner of the gas, food, lodging, camping, or tourist activity business signs installed along the mainline of freeways/expressways and along conventional highways. The term lower right corner is exclusive of any panel displaying the mileage message referenced in subsection (3)(b)(ii) of this section. RV symbols shall not be installed on supplemental directional panel business signs installed along an interchange ramp or at a ramp terminal.

History

Statutory Authority: RCW 47.36.030 and 47.36.320. WSR 10-12-053, § 468-70-060, filed 5/27/10, effective 6/27/10
WSR 09-18-056, § 468-70-060, filed 8/27/09, effective 9/27/09. Statutory Authority: RCW 47.36.030, 47.36.310, and 47.36.320. WSR 06-15-018, § 468-70-060, filed 7/7/06, effective 8/7/06. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. WSR 00-01-184 (Order 196), § 468-70-060, filed 12/22/99, effective 1/22/00. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101. WSR 91-17-012 (Order 129), § 468-70-060, filed 8/13/91, effective 9/13/91. Statutory Authority: Chapter 47.42 RCW. WSR 87-01-054 (Order 106), § 468-70-060, filed 12/16/86
WSR 86-08-023 (Order 103), § 468-70-060, filed 3/25/86
WSR 85-17-012 (Order 96), § 468-70-060, filed 8/12/85. Statutory Authority: RCW 47.42.060. WSR 85-03-031 (Order 94), § 468-70-060, filed 1/10/85. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-70-060, filed 12/20/78. Formerly WAC 252-42-050.

Wash. Admin. Code § 468-70-070 Permits and procedure.

(1) No business signs will be installed on motorist information sign panels prior to issuance of a permit by the department. Permits will be issued by the department in accordance with this chapter.

(2) Permit applications will be accepted at the appropriate department of transportation regional office in care of the regional administrator. Applications transmitted by mail shall be effective from date of receipt rather than of mailing.

(3) One permit application will be for all the signing that the applicant will qualify for at a single interchange or intersection.

(4) Application forms, which may be obtained from the department, shall contain the following information:

(a) Name and address of the owner of the business to be advertised.

(b) The highway for which the applicant seeks signing.

(d) A statement of the business location including exact travel distance from the interchange or intersection and precise roads used for access.

(e) An agreement to limit the height of any on-premise sign to no greater than fifteen feet higher than the roof of the main building, measured to the bottom of the sign for businesses located within one mile of an interchange or intersection. (Not applicable along interstate highways if the sign is not visible to the highway.)

Pursuant to RCW 47.36.310, for on-premise signs visible along rural interstate highways the department may waive the fifteen-foot height requirement, on a case-by-case basis, where granting the waiver will not preclude another business having an on-premise sign which complies with the fifteen-foot height requirement from receiving business signs.

(f) Such other information as may be required by the department.

(5) Each permit application will include a sketch, drawing or picture of the message to be placed on the business signs. Business signs may not display messages advertising products or services incidental to the qualifying motorist service activity. The department shall have final approval of the design of the business sign and may modify such submissions to achieve uniformity, visibility, and legibility.

(6) Any party aggrieved by an application determination of the department shall be accorded hearing rights before the secretary of transportation or his designee pursuant to chapter 34.05 RCW.

(7) Once an application is approved, the department will request that the business provide its business signs to the department for installation and pay the first year's annual motorist information sign panel fee. There is no additional fee for first-time business sign installations.

(8) The department will install RV symbols on business signs upon request, after confirming that the business meets the eligibility requirements prescribed by WAC 468-70-050(2). RV symbols may remain on business signs until no longer applicable, or until the symbols require replacement due to weather-wear.

(9) Fees:

(a) The annual fee charged to each business for motorist information sign panels is:

(i) Nine hundred ten dollars for signs located in fee zone 1;

(ii) Six hundred eighty-three dollars for signs located in fee zone 2; or

(iii) Three hundred sixty-four dollars for signs located in fee zone 3.

(b) The fee for business sign replacement is one hundred fifteen dollars per sign, prepaid.

(d) The annual fee for motorist information sign panels shall be paid within thirty calendar days after the anniversary of the permit issue. Failure to pay the annual fee within thirty calendar days after the anniversary of the permit issue will cause the permit to expire and the business signs to be removed from the motorist information sign panels.

(10) Business signs may be replaced at the request of a business; or, the department may request the business signs to replace weather-worn signs.

(11) Loss of sign locations:

(a) If highway construction or maintenance activities temporarily close sections of highway where business signs are installed, the business shall have no claim against the department or its contractor for disruption of signing and/or access resulting from the closures.

(b) Where it's necessary to remove signs temporarily to accommodate highway construction or maintenance activities, the department may prorate the amount due to the department for the next billing cycle proportionate to the length of time the sign is removed.

(c) Where highway construction, maintenance activities, or natural causes permanently preclude reinstalling motorist information sign panels or business signs, the business shall be entitled to:

(i) If no signs remain, prorated reimbursement for the balance of the current billing cycle; or

(ii) If signs remain in one direction of travel, prorated credit of the amount due to the department for the next billing cycle.

(12) The department shall not be liable for loss or damage due to delays or interruptions of service because of inclement weather, fire, or other casualty loss, strikes, governmental laws, rules, or regulations, acts of God, or any other reason outside the department's control.

(13) In the event of change of ownership or operation, assignment of permits in good standing shall be effective only upon receipt of assignment by the department. The department will not reassign permits in the event of change of both ownership and operation.

(14) Revocation and expiration:

(a) After hearing before the secretary of transportation or his designee, as required by chapter 34.05 RCW (Administrative Procedure Act) and the rules and regulations of the department adopted pursuant thereto, any motorist information sign permit may be revoked by the secretary or the secretary's designee who has conducted the hearing for any of the following reasons:

(i) For the making of any false or misleading statements in the application for any permit, whether or not the same is material to or relied upon by the department in the issuance of such permit when such false or misleading statement or information shall remain uncorrected after the expiration of thirty days following written notification thereof.

(ii) For allowing or suffering any on-premise sign to remain that exceeds the height requirements set forth in this chapter.

(iii) For failure to provide the services and/or facilities required by WAC 468-70-050 and this section.

(b) If a motorist information sign permit is revoked or is allowed to expire, a new application may be accepted by the department and the motorist service activity must meet the requirements of any other applying motorist service activity.

History

Statutory Authority: RCW 47.36.030, 47.36.310, and 47.36.320. WSR 06-15-018, § 468-70-070, filed 7/7/06, effective 8/7/06. Statutory Authority: ESHB 2474, 2004 c 229 § 218 and RCW 47.36.310 and 47.36.320. WSR 04-16-056, § 468-70-070, filed 7/29/04, effective 8/29/04. Statutory Authority: RCW 47.36.325 and the 2002 supplemental appropriation bill. WSR 03-20-082, § 468-70-070, filed 9/30/03, effective 10/31/03. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. WSR 00-01-184 (Order 196), § 468-70-070, filed 12/22/99, effective 1/22/00. Statutory Authority: RCW 47.36.030. WSR 95-23-098 (Order 153), § 468-70-070, filed 11/21/95, effective 1/1/96. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101. WSR 91-17-012 (Order 129), § 468-70-070, filed 8/13/91, effective 9/13/91. Statutory Authority: RCW 47.42.046 and 47.42.047. WSR 88-22-001 (Order 115), § 468-70-070, filed 10/20/88. Statutory Authority: Chapter 47.42 RCW. WSR 87-01-054 (Order 106), § 468-70-070, filed 12/16/86
WSR 85-17-012 (Order 96), § 468-70-070, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-70-070, filed 12/20/78. Formerly WAC 252-42-060.

Chapter 468-72 Adopt-a-highway litter control program.

Wash. Admin. Code § 468-72-010 Purpose.

The purpose of these regulations is to assist in the administration of the adopt-a-highway program pursuant to chapter 47.40 RCW.

History

Statutory Authority: Chapter 34.05 RCW. WSR 90-22-003, § 468-72-010, filed 10/25/90, effective 11/25/90.

Wash. Admin. Code § 468-72-050 Eligibility criteria.

(1) Organizations, businesses, and individuals are eligible to participate in the adopt-a-highway program, either as volunteers or through sponsorship of private contracts, provided there is a section of highway available, in the opinion of the department of transportation, that the section can be safely assigned.

(2) An organization, business, or individual is not eligible if its name (a) endorses or opposes a particular candidate for public office, (b) advocates a position on a specific political issue, initiative, referendum, or piece of legislation, (c) includes a reference to a political party, or (d) includes a reference to anything that may be considered or construed to be obscene or offensive to the general public.

(3) Organizations, businesses, individuals, or contractors that have been denied participation due to lack of compliance to a previous adopt-a-highway agreement shall not be eligible to participate for a period of five years following the termination date of the previous agreement.

History

Statutory Authority: RCW 47.01.101. WSR 98-24-023 (Order 184), § 468-72-050, filed 11/23/98, effective 12/24/98. Statutory Authority: Chapter 34.05 RCW. WSR 90-22-003, § 468-72-050, filed 10/25/90, effective 11/25/90.

Chapter 468-74 Junkyards adjacent to highways.

Wash. Admin. Code § 468-74-010 Definition of "unzoned industrial areas."

In the administration of chapter 47.41 RCW, relating to the regulation and control of junkyards adjacent to highways, the term "unzoned industrial areas" shall be interpreted to mean those areas not zoned by county or municipal code, occupied by three or more separate and distinct industrial activities within a space of five hundred feet and the area within five hundred feet of such activities on both sides of the highway. The area shall be measured from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the industrial activity and not from the property lines of the parcels upon which such activities are located. Measurements shall be along or parallel to the edge of the main traveled way of the highway. The following shall not be considered industrial activities:

(1) Agricultural, forestry, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands;

(2) Transient or temporary activities;

(3) Railroad tracks and minor sidings;

(4) Signs;

(5) Activities more than three hundred feet from the nearest edge of the right of way;

(6) Activities conducted in a building principally used as a residence;

(7) Activities not visible from the traffic lanes of the main traveled way;

(8) Junkyards, as defined in section 136, Title 23, United States Code.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-74-010, filed 12/20/78. Formerly WAC 252-44-010.

Chapter 468-85 Regulations regarding advanced financial support payments for the development of comprehensive transit plans.

Wash. Admin. Code § 468-85-010 General purpose and applicability.

(1) Purpose: These regulations are to assist county transportation authorities and public transportation benefit areas in the development of comprehensive transit plans consistent with chapter 36.57A RCW, RCW 35.58.2795, and local developmental goals. The comprehensive transit plans are intended to lead to the development and management of regional public transit systems which are energy-efficient, provide viable transportation alternatives, serve all elements of the public, and are responsive to the public need.

(2) Applicability: These regulations apply only to county transportation authorities created pursuant to chapter 36.57 RCW and to public transportation benefit areas created pursuant to chapter 36.57A RCW.

History

Statutory Authority: RCW 36.57A.150. WSR 98-11-046 (Order 176), § 468-85-010, filed 5/18/98, effective 6/18/98
WSR 80-01-029 (Order 42), § 468-85-010, filed 12/17/79.

Wash. Admin. Code § 468-85-015 Definitions.

(1) "Department" means the Washington state department of transportation, through its public transportation and rail division, or its successor.

(2) "Comprehensive transit plan" means the official document required of every county transportation authority pursuant to RCW 36.57.070 and of every public transportation benefit area pursuant to RCW 36.57A.060.

(3) "County transportation authority" means an entity created pursuant to chapter 36.57 RCW.

(4) "Population" means the number of residents as shown by the most recent population determination made by the office of financial management.

(5) "Public transportation benefit area" means an entity created pursuant to chapter 36.57A RCW.

History

Statutory Authority: RCW 36.57A.150. WSR 98-11-046 (Order 176), § 468-85-015, filed 5/18/98, effective 6/18/98
WSR 80-01-029 (Order 42), § 468-85-015, filed 12/17/79.

Wash. Admin. Code § 468-85-110 Application for advanced financial support payment.

(1) Eligible applicants: Any county transportation authority established pursuant to chapter 36.57 RCW and any public transportation benefit area established pursuant to chapter 36.57A RCW may receive a one-time advanced financial support payment from the department after submitting an application containing the information specified in subsection (2) of this section to the department.

(2) Contents of application: There is no particular form specified for applying for an advanced financial support payment. The application for such payment must be addressed to the department, signed by the chief executive officer of the applicant, and include the following information and related materials:

(a) A copy of a minute entry or resolution of the applicant authorizing or directing that body, or a designated individual acting for that body, to apply for such payment;

(b) In the event the applicant is a public transportation benefit area, and unless it is county-wide, a map indicating the precise boundaries of any unincorporated areas within the public transportation benefit area;

(c) A description of the methods anticipated to be used to secure citizen participation in the comprehensive transit planning process; such methods must ensure a reasonable opportunity is provided for input to be made by racial and ethnic minorities, low-income, elderly individuals, and persons with disabilities.

History

Statutory Authority: RCW 36.57A.150. WSR 98-11-046 (Order 176), § 468-85-110, filed 5/18/98, effective 6/18/98
WSR 80-01-029 (Order 42), § 468-85-110, filed 12/17/79.

Wash. Admin. Code § 468-85-120 Department response to application.

The department shall respond to applications on a "first-come, first-served" basis. Therefore, upon receipt of an application for an advanced financial support payment, the department shall:

(1) Determination of completeness: Determine whether or not the application contains or includes all of the information or material required by WAC 468-85-110(2). In the event an application is incomplete, the department shall notify the applicant within seven days of receipt of such application by the department, of the application's deficiencies and that further processing of the application is being suspended until the applicant corrects the deficiencies;

(2) Determination of population: Request the office of financial management to determine the population of the applicant. Where the sum of the populations of the incorporated areas within the applicant's jurisdiction exceeds fifty thousand people, or if the applicant’s jurisdiction is county-wide according to the most recently published estimate of the office of financial management, the department will not make such request; and

(3) Allocation of funds: Allocate for distribution to the applicant as an advanced financial support payment the product of one dollar times the applicant's population as determined by the office of financial management or the department. Under no circumstances will the amount allocated exceed the sum of fifty thousand dollars per applicant.

History

Statutory Authority: RCW 36.57A.150. WSR 98-11-046 (Order 176), § 468-85-120, filed 5/18/98, effective 6/18/98
WSR 80-01-029 (Order 42), § 468-85-120, filed 12/17/79.

Wash. Admin. Code § 468-85-130 Conditions of advanced financial support payments.

(1) Payment constitutes a loan: Funds received by county transportation authorities or public transportation benefit areas as advanced financial support payments constitute loans. The recipient shall repay the department such loan not later than two years after the date such recipient received the advanced financial support payment. The department shall waive such repayment if the voters in the recipient's area fail to authorize taxes permitted under chapters 35.95 or 82.14 RCW within two years after the date such advanced financial support payment was received.

(2) Obligation to develop a comprehensive transit plan: Following receipt of the advanced financial support payment, the county transportation authority or public transportation benefit area shall undertake and complete the development of a comprehensive transit plan that meets the specifications contained in WAC 468-85-200 through 468-85-290. In the development of such plan, the recipient shall ensure a reasonable opportunity for the receipt of citizens input and participation in the planning process is provided to racial and ethnic minorities; low-income, elderly individuals and persons with disabilities.

(3) Payment may constitute matching contribution: Any payment received pursuant to this chapter may be used as all or any portion of a matching contribution required for the receipt of federal funds, provided federal law and applicable regulations allow such payment as a matching contribution, and provided, further, such federal funds are used to assist the recipient in the development of a comprehensive transit plan.

(4) Notice of election: The chief executive officer of a recipient of an advanced financial support payment or his/her designee shall inform the department of the date chosen for a popular election on taxation authorized by chapter 35.95 or 82.14 RCW to finance public transportation in the recipient's jurisdiction, in advance of such election(s).

(5) Required election: An election to determine the taxes authorized by chapter 35.95 or 82.14 RCW proposed to be levied and collected in the county or public transportation benefit area must be held within two years of the receipt of an advanced financial support payment.

(6) Notice of election results: The chief executive officer of a recipient of an advanced financial support payment or his/her designee shall inform the department of the election results within ten days of its official certification.

History

Statutory Authority: RCW 36.57A.150. WSR 98-11-046 (Order 176), § 468-85-130, filed 5/18/98, effective 6/18/98
WSR 80-01-029 (Order 42), § 468-85-130, filed 12/17/79.

Wash. Admin. Code § 468-85-200 Required elements of comprehensive transit plan.

A comprehensive transit plan prepared pursuant to RCW 36.57.070, 36.57A.060 and WAC 468-85-130(2) shall contain the elements described in WAC 468-85-210 through 468-85-290.

History

Statutory Authority: RCW 36.57A.150. WSR 80-01-029 (Order 42), § 468-85-200, filed 12/17/79.

Wash. Admin. Code § 468-85-210 Community context.

The comprehensive plan shall describe the community context of the public transit services. This context shall include:

(1) Demographics according to the most recent census:

(a) Distribution of persons aged sixty-five years and older;

(b) Distribution of persons aged six to eighteen years;

(d) Location of concentrations of low-income households; and

(e) Automobile ownership by household;

(2) Location of significant destinations, including:

(a) Employment centers with more than fifty employees;

(b) Schools, colleges and universities;

(d) Medical clinics and hospitals;

(e) Public parks;

(f) City halls;

(g) County courthouses;

(h) Airports with scheduled air passenger service; and

(i) Passenger rail stations;

(3) Public transportation operations within the boundaries of and three miles beyond the transit district, including:

(a) Intercity bus carriers;

(b) Rail passenger service;

(d) School pupil transportation; and

(e) Specialized transportation for elderly or low-income persons, and persons with disabilities;

(4) An explanation of how the proposed public transit service will serve destinations contained in subsection (2) of this section and integrate with elements contained in subsection (3) of this section;

(5) A discussion of future annexations to the public transportation benefit area.

History

Statutory Authority: RCW 36.57A.150. WSR 98-11-046 (Order 176), § 468-85-210, filed 5/18/98, effective 6/18/98
WSR 80-01-029 (Order 42), § 468-85-210, filed 12/17/79.

Wash. Admin. Code § 468-85-220 Level of service element.

The comprehensive transit plan shall contain the following information:

(1) Where scheduled service is anticipated in the plan, the frequency that in-revenue-service vehicles would pass selected points along proposed routes; and

(2) The days and hours of service operations;

(3) Annual revenue vehicle hours and annual vehicle hours of service separated by type of service;

(4) Annual revenue vehicle miles and annual vehicle miles of service separated by type of service.

History

Statutory Authority: RCW 36.57A.150. WSR 98-11-046 (Order 176), § 468-85-220, filed 5/18/98, effective 6/18/98
WSR 80-01-029 (Order 42), § 468-85-220, filed 12/17/79.

Wash. Admin. Code § 468-85-230 Capital improvements element.

The comprehensive transit plan shall identify anticipated capital improvements. Estimate the annual costs of purchasing the following items during each of the first six years of operation, identifying costs for each of the following categories:

(1) Vehicles - Number to be purchased according to passenger seating capacity;

(2) Equipment such as shelters, benches, and signing - Number of each to be purchased;

(3) Parking facilities and stations/terminals - Number of each to be purchased or constructed; and

(4) Garage and vehicle maintenance, operations and administrative structures, including associated equipment - Number of each to be purchased or constructed. Sites for the fixed facilities in this subsection or subsection (3) of this section need not be identified.

History

Statutory Authority: RCW 36.57A.150. WSR 98-11-046 (Order 176), § 468-85-230, filed 5/18/98, effective 6/18/98
WSR 80-01-029 (Order 42), § 468-85-230, filed 12/17/79.

Wash. Admin. Code § 468-85-240 Funding for annual operations element.

The comprehensive transit plan shall include, but need not be limited to, the following information:

(1) An estimate of the annual costs of operating the recommended public transit system during each of the first six years of operation; such estimate shall include costs for marketing, administration, maintenance and operations.

(2) Passenger fare levels, estimated ridership, and estimated fare box revenue;

(3) The amounts and sources of federal and state assistance separated by operations and capital purposes;

(4) The amount of long term debt for the purchase of facilities and equipment;

(5) Whether any of the following sources of local public transit subsidy are anticipated to assist in the funding of the proposed system:

(a) Household tax authorized by chapter 35.95 RCW;

(b) Business and occupation tax authorized by chapter 35.95 RCW; or

(c) The .1%, .2%, .3%, .4%, .5%, or .6% sales and use tax in lieu of the household tax and business and occupation tax referenced immediately above; together with the rate(s) for any levied tax identified above and the estimated revenues from any such sources anticipated to be collected; (Assumptions made in order to estimate such revenues should be identified.)

(6) The amount of any state matching funds assumed. (Such amount shall equal the sum of either one state dollar for each local dollar anticipated to be collected, as identified in WAC 468-85-230(5), or the amount of the motor vehicle excise tax mass transit levy authorized under RCW 35.58.272 through 35.58.279, whichever is less; minus the amount advanced by the department to a county transportation authority or public transportation benefit area for the development of a comprehensive transit plan pursuant to this chapter.)

History

Statutory Authority: RCW 36.57A.150. WSR 98-11-046 (Order 176), § 468-85-240, filed 5/18/98, effective 6/18/98
WSR 80-01-029 (Order 42), § 468-85-240, filed 12/17/79.

Wash. Admin. Code § 468-85-250 Citizen participation element.

The comprehensive transit plan citizen participation element shall identify how citizens shall be consulted by the county transportation authority or public transportation benefit area. County transportation authorities and public transportation benefit areas shall ensure that they receive citizens’ input on a continuing basis.

History

Statutory Authority: RCW 36.57A.150. WSR 98-11-046 (Order 176), § 468-85-250, filed 5/18/98, effective 6/18/98
WSR 80-01-029 (Order 42), § 468-85-250, filed 12/17/79.

Wash. Admin. Code § 468-85-290 Coordinated planning element.

The comprehensive transit plan coordinated planning element shall contain comments on the comprehensive transit plan's compatibility with the adopted goals, objectives and policies for transportation by: Every unit of general purpose local government that is located within the county transportation authority or public transportation benefit area; the regional transportation planning organization that is located in whole or in part within the jurisdiction of that transit service planning entity; and the Washington state department of transportation.

History

Statutory Authority: RCW 36.57A.150. WSR 98-11-046 (Order 176), § 468-85-290, filed 5/18/98, effective 6/18/98
WSR 80-01-029 (Order 42), § 468-85-290, filed 12/17/79.

Wash. Admin. Code § 468-85-300 Submission of comprehensive transit plans to agency.

A county transportation authority or public transportation benefit area shall assemble into a single written document all of the elements prepared by it pursuant to WAC 468-85-200 and transmit such document to the department.

History

Statutory Authority: RCW 36.57A.150. WSR 80-01-029 (Order 42), § 468-85-300, filed 12/17/79.

Wash. Admin. Code § 468-85-310 Review of comprehensive transit plan of public transportation benefit area.

(1) Within sixty days of the receipt thereof, the department shall review any comprehensive transit plan submitted by a public transportation benefit area. The department shall determine whether or not such comprehensive transit plan can be "approved" on the basis of the following standards:

(a) The capital improvement program and anticipated upgrading costs are offset by the proposed system funding;

(b) The comprehensive transit plan as submitted contains all of the elements required by WAC 468-85-200.

(2) In the event such plan is approved, the department shall certify to the state treasurer that a public transportation benefit area that submitted a reviewed and approved plan is eligible to receive the motor vehicle excise tax proceeds authorized pursuant to RCW 35.58.273, as now or hereafter amended, in the manner prescribed by chapter 82.44 RCW, as now or hereafter amended.

(3) The county transportation authority or public transportation benefit area shall supply a copy of the comprehensive transit plan and any updated portions thereof shall be supplied within thirty days of the official adoption thereof to the chief executives of every unit of general purpose local government located in whole or in part within the jurisdiction of that planning entity; every regional transportation planning organization, and engineering or public works department of any unit of general purpose local government, located in whole or in part within the jurisdiction of that planning entity; the department; and the regional administrator and public transportation and rail division director of the department.

(4) In the event a comprehensive transit plan is disapproved and a public transportation benefit area is determined to be ineligible to receive such motor vehicle tax proceeds, the department shall provide written notice to such entity within thirty days as to the reasons for the plan disapproval and the entity's ineligibility, together with notice that such public transportation benefit area may resubmit a corrected plan at any time.

History

Statutory Authority: RCW 36.57A.150. WSR 98-11-046 (Order 176), § 468-85-310, filed 5/18/98, effective 6/18/98
WSR 80-01-029 (Order 42), § 468-85-310, filed 12/17/79.

Chapter 468-86 RTPO planning standards and guidelines.

Wash. Admin. Code § 468-86-010 Authority.

The regional transportation planning program was authorized by the 1990 legislature as part of the state's Growth Management Act. The program is contained in chapter 47.80 RCW, with funding appropriations made as part of the Department of Transportation Appropriations Act.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-010, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-020 Purpose/intent.

(1) The regional transportation planning program creates a formal mechanism for local governments and the state to coordinate transportation planning for regional transportation facilities. The act authorized the creation of regional transportation planning organizations (RTPO) by local governments to coordinate transportation planning among jurisdictions and develop a regional transportation plan. The regional transportation planning program is available to all counties and cities statewide (RCW 47.80.020).

(2) The legislature has authorized a grant program to fund this work. The department has the authority to administer this grant program, and to develop in cooperation with the RTPOs:

(a) Minimum planning standards for the development of a regional transportation plan;

(b) The RTPO regional transportation improvement program;

(d) Certification standards for the transportation portion of local comprehensive plans and county-wide planning policies;

(e) The adoption of LOS standards on state transportation facilities; and

(f) RTPO regional transportation strategies.

(3) The purpose of the minimum planning standards is to guide RTPOs in the use of the regional transportation planning grants, and in the development of planning products under the program. Work proposed by each regional transportation planning organization shall be included in a work program that demonstrates adherence to the planning standards within this chapter. The intent of the department is to provide guidance that is sufficient to ensure a minimum level of consistency across the state, while providing flexibility for regions to meet specific mobility needs.

(4) The department will achieve this purpose through the establishment of these rules and through the cooperative development and maintenance of a set of RTPO planning standards and guidelines. Copies of these standards and guidelines will be available through the department's transportation planning office.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-020, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-030 Definitions.

"Consistency" means that no feature of a plan or regulation is incompatible with any other feature of a plan or regulation. Consistency is indicative of a capacity for orderly integration or operation with other elements in a system.

"Department" means the department of transportation (WSDOT).

"Least cost planning" means a process of comparing direct and indirect costs of demand and supply options to meet transportation goals and/or policies where the intent of the process is to identify the most cost-effective mix of options.

"Level of service" means an established minimum capacity for both transit and regional arterials that must be provided per unit of demand or other appropriate measure of need.

"Organization" means regional transportation planning organization (RTPO).

"Region" means the area that includes the local jurisdictions that comprise the regional transportation planning organization.

"Urbanized area" means those areas designated as such by the U.S. Bureau of the Census.

"Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-030, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-040 Determining the region.

Local governments should decide the geographic extent and composition of their region. The region should reflect common transportation concerns and a willingness among the local governments to work together in a cooperative planning process.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-040, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-050 Establishing the organization.

(1) A regional transportation planning organization is a voluntary association of local governments within the region. It shall be a formal organization formed through an interlocal agreement that establishes the organization, defines duties and relationships, and includes a transportation policy board. The establishment of a technical advisory committee (TAC) is recommended. The RTPO must determine its own structure to ensure equitable and acceptable representation by member governments. Regions are encouraged to seek Native American tribal involvement.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-050, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-060 Relationship to MPOs.

The federal government requires a regional transportation planning process in urbanized areas with over fifty thousand population. This process is carried out by metropolitan planning organizations (MPOs) that have been jointly designated by local governments and the state. The intent is that the regional transportation planning program be integrated with the metropolitan planning organization program in these urbanized areas. RCW 47.80.020 requires that RTPOs shall be the same organization as that designated as the MPO. The regional transportation planning program provides the opportunity for transportation planning in rural areas within the RTPO. The department intends to jointly administer these two programs.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-060, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-070 Designation procedures.

(1) Local governments desiring participation in the regional transportation planning program must submit an RTPO designation package to WSDOT. This information is necessary for WSDOT to verify that the RTPO meets the requirements of RCW 47.80.020. This package shall contain the following items:

(a) A description of the region;

(b) A formal designation of the RTPO, in the form of a resolution or other legal declaration;

(d) A copy of the interlocal agreement that will govern RTPO operations;

(e) A formal designation by the RTPO of the lead planning agency; and

(f) A description of the RTPO's transportation policy board.

(2) WSDOT has the responsibility of verifying that RTPOs designated by local governments meet the state requirements. The most recent annual OFM population data will be used to verify population figures. WSDOT will review the RTPO designation package, make a finding of verification, and concur with or deny the local designation. Once verified, the RTPO may proceed in carrying out its duties and may receive regional transportation planning formula grants. If significant changes are made in the structure of the RTPO, WSDOT may request that another designation package be submitted for verification review.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-070, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-080 Least-cost planning methodology.

The methodology shall consider direct and indirect costs and benefits for all reasonable options to meet planning goals and objectives. The methodology shall treat demand and supply resources on a consistent and integrated basis. The regional transportation planning organizations shall consult the guidelines set forth by the department for implementing a least-cost planning methodology. Regional transportation plans should incrementally incorporate least-cost planning methodologies as these concepts are developed. The regional transportation plan adopted after July 1, 2000, shall be based on a least-cost planning methodology appropriate to the region.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-080, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-090 Regional transportation goals and objectives.

The regional transportation planning program is meant to foster an ongoing transportation planning and decision-making process that actively plans for the improvement of regional transportation systems and coordinates this process among jurisdictions. The goals and objectives of the regional transportation plan should incorporate existing transportation related county-wide planning policies or multicounty transportation related planning policies where adopted and adhere to the following principles:

(1) Build upon applicable portions of the existing local comprehensive plan and process and promote the establishment of a regional perspective into the local comprehensive plan;

(2) Encourage partnerships between federal, state, local and tribal governments, special districts, the private sector, the general public, and other interest groups during conception, technical analysis, policy development, and decision processes in developing, updating, and maintaining the regional transportation plan;

(3) Ensure early and continuous public involvement from conceptual planning through decision making;

(4) Shall be ongoing, and incorporate short and long range multimodal planning activities to address major capacity expansion and operational improvements to the regional transportation system;

(5) Use regionally coordinated, valid and consistent technical methods and data should be used in identifying and analyzing needs;

(6) Consider environmental impacts related to the development of regional transportation policies and facilities and;

(7) Address the policies regarding the coordination of transportation planning among regional jurisdictions, including the relationship between regional transportation planning, local comprehensive planning and state transportation planning.

Within these principles, regions shall develop their own ongoing planning process for the development and refinement of the regional transportation plan, and provide a forum for the discussion of regional transportation planning issues.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-090, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-100 Regional transportation strategy.

Each regional transportation planning organization shall develop a regional transportation strategy. The strategy should identify alternative transportation modes within the region and recommend policies to:

(1) Address each transportation mode;

(2) Address intermodal connections between modes; and

(3) Address transportation demand management where required.

The regional transportation strategy is intended to guide development of the regional transportation plan and any periodic updates.

Adopted multicounty and county-wide planning policies and policies from local comprehensive plans that are regional in scope and regionally consistent should provide the basis for the regional transportation strategy. The regional transportation strategy should be periodically reviewed and updated as necessary to reflect changing priorities or to maintain regional consistency.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-100, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-110 Needs, deficiencies, data requirements, and coordinated regional transportation and land use assumptions.

(1) The following components shall be developed and incorporated in the RTP:

(a) An inventory of existing regional transportation facilities and services, including physical, operational, and usage characteristics of the regional transportation system;

(b) An evaluation of current facilities and services, comparing current usage, and operational characteristics to level of service standards, and identification of regional transportation needs;

(d) Identification of future regional transportation system deficiencies, comparing future travel needs for movement of people and goods to available facilities and services; and

(e) Coordinated common regional assumptions (growth, population, employment, mode split, etc.,) among local jurisdictions for the development of all transportation models to ensure consistency within the RTPO, and:

(i) These common regional assumptions shall recognize the planning requirements of the state's Growth Management Act, and;

(ii) Be consistent with population forecasts prepared by the office of financial management.

(2) Performance monitoring. An integral part of the regional transportation plan is monitoring the performance of the regional transportation system over time. This information is necessary to determine the success of plan implementation and the effect of the desired improvements on the performance of the regional transportation system. Each RTPO shall describe their performance monitoring system in the regional transportation plan. The performance monitoring measures shall include traffic volumes and vehicle miles of travel (VMT) at a minimum and can include, but are not limited to, travel time, speed, safety standards and other measures. Performance monitoring measures should be coordinated and measurable on a consistent basis throughout the RTPO.

(3) Regional development patterns and investments. The regional transportation plan shall include a general assessment of regional development patterns and investments. This analysis is intended to provide direction and background information for updates of the regional transportation plan. The RTP updates shall be based upon a general retrospective discussion of current land use and transportation patterns and their relationship to the region's goals and objectives and elsewhere in the regional transportation plan. Current and projected development patterns and the expected magnitudes and time frame in which these developments are expected to occur should be reviewed and evaluated against the regional growth and transportation strategies. If the regional growth and transportation strategies have changed or current and projected development can be shown to be inconsistent, the plan should be updated to reflect these changes, or development policies should be updated to assure consistency and continuity of transportation and land use issues within the region. The region’s interrelationships between growth and transportation should be discussed along with strategies such as access control, development of heritage corridors, and other measures designed to maintain current and proposed development patterns consistent with the regional transportation plan and the transportation and land use elements of local comprehensive plans.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-110, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-120 Financial component.

The financial component shall include the following:

(1) An analysis of funding capacity including an inventory of revenue sources for regional transportation improvements, and probable funding levels available for regional transportation improvements from each source;

(2) Probable funding comparisons with identified current and future needs, including identified funding shortfalls; and

(3) If funding shortfalls are identified, an analysis of additional funding resources to make up the shortfall, or a reassessment of the regional transportation strategies, at a minimum, to ensure that transportation needs fall within probable funding levels.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-120, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-130 Proposed future transportation network.

Based upon the identified needs and probable funding levels within the region, the proposed future transportation network defines specific facility or service improvements, transportation system management strategies, and demand management strategies proposed for implementation on the regional transportation system. The plan shall identify priority levels for these improvements to guide local jurisdictions and the state in implementation and development of the regional transportation improvement program.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-130, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-140 High capacity transit and public transportation interrelationships.

Within those RTPOs where there is an existing or proposed high capacity transit system, the regional transportation plan shall discuss the relationship between the high capacity transit system and conventional public transit system. This could include policies to maintain coordinated arrivals and departures of interconnecting routes, coordination with other multimodal transportation centers, and other strategies targeted at improving these intermodal relationships over time.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-140, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-150 Certification.

(1) By December 31, 1996, each RTPO shall certify, that the transportation element of all comprehensive plans for cities and counties planning under the Growth Management Act:

(a) Reflect the transportation guidelines and principles established in the regional transportation plan;

(b) Are consistent with the adopted regional transportation plan; and

(2) Each RTPO shall also certify that county-wide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent.

(3) Regions shall cooperatively define and establish measures and processes to determine regional consistency with the adopted regional transportation plan.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-150, filed 4/15/97, effective 5/16/97.

Wash. Admin. Code § 468-86-160 Regional transportation improvement program.

(1) Each RTPO shall compile a regional transportation improvement program (TIP) at least once every two years. The regional TIP shall:

(a) Be developed on a cooperative basis by local government agencies, public transit agencies, and the department of transportation within each region;

(b) Consist of a list of regionally significant transportation projects and programs including projects proposed for construction and transportation demand management measures proposed to be implemented during each year for the next six-year period;

(c) Consist of regionally significant projects included in the local six-year transit development plans and six-year comprehensive transportation programs required by RCW 35.58.2795, 35.77.010, and 36.81.121 for transit agencies, cities, towns, and counties;

(d) Include all proposed WSDOT projects in the region;

(e) Include only projects consistent with the regional transportation plan;

(f) Include a financial section outlining:

(i) Sources of funding reasonably expected to be received for each year of the ensuing three-year period; and

(ii) All assumptions and explanations supporting the expected levels of funding consistent with information included in the financial component of the regional transportation plan.

(2) The six-year regional TIP developed by each RTPO is intended for use as a planning document and shall be available at the lead planning agency office of the RTPO.

History

Statutory Authority: RCW 47.80.070 and SHB 1928, Section 5. WSR 97-09-046 (Order 169), § 468-86-160, filed 4/15/97, effective 5/16/97.

Chapter 468-90 Speed safety camera systems in state highway work zones.

Wash. Admin. Code § 468-90-010 Worker presence.

For the purposes of RCW 46.63.200 (4)(b), a worker is present in a state highway work zone when at least one state employee, contractor, or agent of the state, or any other individual authorized by the department of transportation, is within the state highway work zone for the purpose of performing construction, maintenance, utility work, or to respond to an incident.

History

Statutory Authority: RCW 46.63.200. WSR 25-03-030, s 468-90-010, filed 1/7/25, effective 2/7/25.

Chapter 468-95 Manual on uniform traffic control devices for streets and highways.

Wash. Admin. Code § 468-95-010 General.

The 11th Edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), published by the Federal Highway Administration and approved by the Federal Highway Administrator as the national standard for all highways open to public travel, was duly adopted by the Washington state secretary of transportation. Revisions are incorporated into the 11th Edition of the MUTCD, except as may be modified herein, when published by the Federal Highway Administration. The manual includes in part many illustrations, some of which depend on color for proper interpretation. The code reviser has deemed it inexpedient to convert these regulations and illustrations to the prescribed form and style of WAC and therefore excludes them from publication. The document is available for public inspection at the headquarters office and all region offices of the Washington state department of transportation. Further, each city, town, and county engineering office in the state will have either a hard copy or an electronic copy of the MUTCD, with revisions and modifications for Washington, in its possession.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-010, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-010, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-010, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-010, filed 2/28/03, effective 3/31/03
WSR 91-02-008 (Order 127), § 468-95-010, filed 12/21/90, effective 1/21/91. Statutory Authority: RCW 47.36.030. WSR 87-05-043 (Order 108), § 468-95-010, filed 2/18/87
WSR 85-23-041 (Order 98), § 468-95-010, filed 11/18/85
WSR 85-01-056 (Order 93), § 468-95-010, filed 12/17/84.

Wash. Admin. Code § 468-95-022 Definitions of headings, words, and phrases used in this manual.

Pursuant to RCW 46.04.220, amend MUTCD Section 1C.02, definition number 113, Intersections, Subsection (b) to read:

The junction of an alley with a street or highway shall not constitute an intersection.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-022, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-022, filed 11/18/11, effective 12/19/11.

Wash. Admin. Code § 468-95-045 Speed limit sign (R2-1).

Revise MUTCD Section 2B.21, Paragraph 13 to read:

Standard:

Speed Limit (R2-1) signs (see Figure 2B-3) shall display the speed limit established by statute; or, by an ordinance or regulation adopted by the authorized agency, based on the engineering study and traffic investigation required by RCW 46.61.405, 46.61.410, and 46.61.415. The speed limit shall be set in multiples of - 5 mph.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-045, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-045, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-045, filed 11/3/05, effective 12/4/05.

Wash. Admin. Code § 468-95-120 Traffic signal signs.

Pursuant to RCW 46.61.055, amend Paragraph 01 of MUTCD Section 2B.60 to read:

The NO TURN ON RED sign (R10-11, R10-11b) shall be used to prohibit any right turn on red; or a left turn on red from a one-way or two-way street into a one-way street carrying traffic in the direction of the left turn. The NO TURN ON RED (R10-11a) symbol sign may be used in lieu of the R10-11 or R10-11b sign when the approach is controlled by a circular red indication.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-120, filed 9/26/25, effective 10/27/25
WSR 23-08-052, § 468-95-120, filed 3/31/23, effective 5/1/23
WSR 11-23-101, § 468-95-120, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-120, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-120, filed 2/28/03, effective 3/31/03.

Wash. Admin. Code § 468-95-123 Overhead sign installations.

Add new option at the end of MUTCD Section 2B.57 to read:

Option:

Sign supports for R9-2 and R9-3 series signs located at closed crosswalks may include a cane detectable device as part of the sign base.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-123, filed 9/26/25, effective 10/27/25.

Wash. Admin. Code § 468-95-140 Signing to regional shopping centers.

Pursuant to RCW 47.36.270, a regional shopping center may be signed as a supplemental guide sign destination from state highways in accordance with the applicable sections of MUTCD Part 2 Chapter 2D, Guide Signs - Conventional Roads, and MUTCD Part 2 Chapter 2E Guide Signs - Freeways and Expressways, and in accordance with subsections (1) through (8) of this section.

(1) There shall be at least 500,000 square feet of retail floor space;

(2) There shall be at least three major department stores owned by national or regional retail chain organizations;

(3) The center shall be located within one highway mile of the state highway;

(4) The center shall generate at least 9,000 daily one-way vehicle trips to the center;

(5) Sufficient sign space as specified in the MUTCD shall be available for installation;

(6) Supplemental follow-through directional signing is required on county roads or city streets at key motorist decision points, if the center is not clearly visible from the point of exit from the state highway. The required supplemental follow-through directional signs shall be installed by the city or county prior to the installation of signs on the state highway;

(7) Signing on the state highway to a county road or city street that bears the name of the regional shopping center fulfills the statutory requirements for signing to those centers;

(8) The costs of materials and labor for fabricating, installing, and maintaining regional shopping center signs shall be borne by the center.

History

Statutory Authority: RCW 47.36.030. WSR 11-23-101, § 468-95-140, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-140, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-140, filed 2/28/03, effective 3/31/03.

Wash. Admin. Code § 468-95-190 Pavement edge lines and raised pavement markers supplementing other markings.

Pursuant to RCW 47.36.280, the Standard in MUTCD Section 3B.10, is revised to read:

Edge lines shall be used on all freeways and expressways, rural multilane divided highways, all principal arterials and minor arterials within urbanized areas, except when curb or sidewalk exists, and may be used on other classes of roads. A jurisdiction shall conform to these requirements at such time that it undertakes to renew or install permanent markings on new or existing roadways.

Edge line markings shall also be placed on paved rural arterials with a traveled way of20 feet or more in width and an ADT of 6,000 or greater vehicles per day.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-190, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-190, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-190, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-190, filed 2/28/03, effective 3/31/03.

Wash. Admin. Code § 468-95-220 Stop and yield lines.

Amend paragraph 13 of MUTCD Section 3B.19 to read:

If used, stop lines should be placed a minimum of 4 feet in advance of the nearest crosswalk line at controlled intersections. Yield lines at roundabout intersections should be as provided in Section 3D.04. In the absence of a marked crosswalk, the stop line or yield line should be placed at the desired stopping or yielding point, in no case less than 4 feet from the nearest edge of the intersecting roadway.

If used at an unsignalized midblock crosswalk, stop lines should be placed adjacent to the Stop Here for Pedestrians sign located 20 to 50 feet in advance of the nearest crosswalk line, and parking should be prohibited in the area between the stop line and the crosswalk (see Figure 3B-16).

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-220, filed 9/26/25, effective 10/27/25
WSR 17-06-032, § 468-95-220, filed 2/23/17, effective 3/26/17
WSR 11-23-101, § 468-95-220, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-220, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-220, filed 2/28/03, effective 3/31/03.

Wash. Admin. Code § 468-95-250 Meaning of signal indications.

Pursuant to RCW 46.61.055, amend paragraph 03 in the Standard of MUTCD Section 4A.03, item C.1, to read:

Vehicle operators facing a steady circular red signal may, after stopping, proceed to make a right turn from a one-way or two-way street into a two-way street or into a one-way street carrying traffic in the direction of the right turn; or a left turn from a one-way or two-way street into a one-way street carrying traffic in the direction of the left turn; unless a sign posted by a competent authority prohibits such movement. Vehicle operators planning to make such turns shall remain stopped to allow other vehicles lawfully within or approaching the intersection control area to complete their movements. Vehicle operators planning to make such turns shall also remain stopped for pedestrians who are lawfully within the intersection control area.

Pursuant to RCW 46.61.055, amend the Standard of MUTCD Section 4A.03, item C.2, to read:

Vehicle operators facing a steady red arrow indication may, after stopping, proceed to make a right turn from a one-way or two-way street or into a one-way street carrying traffic in the direction of the right turn, or a left turn from a one-way street or two-way street into a one-way street carrying traffic in the direction of the left turn, unless a sign posted by a competent authority prohibits such movement. Vehicle operators planning to make such turns shall remain stopped to allow other vehicles lawfully within or approaching the intersection control area to complete their movements. Vehicle operators planning to make such turns shall also remain stopped for pedestrians who are lawfully within the intersection control area.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-250, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-250, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-250, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-250, filed 2/28/03, effective 3/31/03.

Wash. Admin. Code § 468-95-270 Meaning of lane-use control indications.

Pursuant to RCW 46.61.072, amend the Standard of MUTCD Section 4T.02, paragraph B, to read:

A steady yellow x or a flashing red x means that a driver should prepare to vacate, in a safe manner, the lane over which the signal is located because a lane control change is being made, and to avoid occupying that lane when a steady RED X is displayed.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-270, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-270, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-270, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-270, filed 2/28/03, effective 3/31/03.

Wash. Admin. Code § 468-95-280 Operation of lane-use control signals.

Pursuant to RCW 46.61.072, in MUTCD Section 4T.04, amend paragraph 03 to read:

A moving condition in one direction shall be terminated either by the immediate display of a red x signal indication or by a yellow x signal indication followed by a red x signal indication or a flashing red x indication followed by a red x indication.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-280, filed 9/26/25, effective 10/27/25
WSR 23-08-052, § 468-95-280, filed 3/31/23, effective 5/1/23
WSR 11-23-101, § 468-95-280, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-280, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-280, filed 2/28/03, effective 3/31/03.

Wash. Admin. Code § 468-95-290 County road signing.

Pursuant to RCW 36.75.300, there is added to paragraph 01 of Section 2C.33 of the MUTCD, the following pertaining to signing of low volume county roads:

The PRIMITIVE ROAD (I7-701) sign may be used for gravel roads that are not part of the county primary road system and have an annual average daily traffic of less than 100 vehicles per day.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-290, filed 9/26/25, effective 10/27/25. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-290, filed 2/28/03, effective 3/31/03.

Wash. Admin. Code § 468-95-300 Temporary traffic control.

Amend MUTCD Table 6B-1 to read:

Recommended Temporary Sign Spacing (1)

| FREEWAYS & EXPRESSWAYS (1) | 1000'+/- | | | --- | --- | --- | | HIGHWAYS, ROADS, & STREETS | 60-70 MPH | 800'+/- | | 45-55 MPH | 500'+/- | | | 35-40 MPH | 350'+/- | | | 20-30 MPH | 200'+/- (2) | |

(1) If necessary, spacing may be adjusted (increased or decreased) for field conditions based on engineering judgment.

(2) Recommended spacing is 100'+/- on urban streets 25 mph or less.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-300, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-300, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [ 47.36.030]. WSR 05-23-003, § 468-95-300, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-300, filed 2/28/03, effective 3/31/03.

Wash. Admin. Code § 468-95-301 Tapers.

Amend MUTCD Section 6K.01, paragraph 04 to read:

Guidance:

The spacing between channelizing devices at tapers should not exceed a distance in feet equal to the speed limit in mph, up to a maximum of 40 feet. The spacing between channelizing devices along tangents should not exceed a distance in feet equal to 2 times the speed limit in mph, up to a maximum of 80 feet, except during working hours at active construction egress and ingress locations where a 120-foot gap between channelizing devices is permitted.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-301, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-301, filed 11/18/11, effective 12/19/11.

Wash. Admin. Code § 468-95-3015 Flagger procedures.

Add a new Standard to MUTCD Section 6D.05 to read:

Standard:

Flagger directions at signalized intersections shall not be in conflict with signal displays and the signal must be either shut down or placed in all-red flash mode as appropriate for the intersection operation except during emergencies.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-3015, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-3015, filed 11/18/11, effective 12/19/11.

Wash. Admin. Code § 468-95-302 Flagger stations.

Add a new Standard to MUTCD Section 6D.06 to read:

Standard:

Except for emergencies, a single flagger shall not flag from the center of an intersection unless separate flaggers are controlling each intersection approach.

Support:

A law enforcement officer may flag from the intersection without each approach controlled by separate flaggers.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-302, filed 9/26/25, effective 10/27/25
WSR 17-23-015, § 468-95-302, filed 11/3/17, effective 12/4/17
WSR 11-23-101, § 468-95-302, filed 11/18/11, effective 12/19/11.

Wash. Admin. Code § 468-95-304 Portable temporary sign duration.

Amend MUTCD Section 6F.02, Paragraph 11 and 12 to read:

Guidance:

11 Except as provided in Paragraph 12 of this Section, signs mounted on portable sign supports that do not meet the minimum mounting heights provided in Part 2 should not be used for a duration of more than seven days.

Option:

12 The R9-8 through R9-11a series, R11 series, W1-6 through W1-8 series, M4-10, E5-1, or other similar type signs (see Figures 6G-1, 6H-1, and 6I-1) may be used on portable sign supports that do not meet the minimum mounting heights provided in Part 2 for longer than seven days.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-304, filed 9/26/25, effective 10/27/25.

Wash. Admin. Code § 468-95-305 Motorcycle construction warning sign.

Pursuant to RCW 47.36.200, a warning sign displaying the word message motorcycles use extreme caution (W21-1701) is added to MUTCD Figure 6H-1. The sign shall be diamond shaped with black letters on an orange background.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-305, filed 9/26/25, effective 10/27/25. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-305, filed 11/3/05, effective 12/4/05.

Wash. Admin. Code § 468-95-306 Motorcycles use extreme caution supplemental plaque.

Pursuant to RCW 47.36.200, amend MUTCD Section 6H.34 to read:

A supplemental plaque displaying the message motorcycles use extreme caution is added to MUTCD Figure 6H-1. Delete the Motorcycle symbol (W8-15P) plaque from Figure 6H-1.

The motorcycles use extreme caution (W21-1701P) plaque (see Figure 6H-1) may be mounted below a loose gravel (W8-7) sign, a grooved pavement (W8-15) sign, a abrupt lane edge (W21-801), a metal bridge deck (W8-16) sign, or a steel plate ahead (W8-24) sign if the warning is intended to be directed primarily to motorcyclists.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-306, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-306, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-306, filed 11/3/05, effective 12/4/05.

Wash. Admin. Code § 468-95-307 Abrupt lane edge warning sign.

Amend MUTCD Figure 6H-1 and Section 6H.27 to read:

A warning sign displaying the word message abrupt lane edge is added to MUTCD Figure 6H-1. The sign shall be diamond shaped with black letters on an orange background.

Section 6H.27 Abrupt lane edge sign (W21-801)

Guidance:

The abrupt lane edge (W21-801) sign should be used when traffic is exposed to a significant elevation differential between lanes or between the outside lane and the shoulder.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-307, filed 9/26/25, effective 10/27/25. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-307, filed 11/3/05, effective 12/4/05.

Wash. Admin. Code § 468-95-310 Temporary pavement markings.

Amend MUTCD Section 6J.02, paragraph 02 to read:

Guidance:

When permanent markings are either removed or obliterated during work activities and the road is open to traffic, temporary pavement markings should remain in place until it is practical and possible to install permanent markings.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-310, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-310, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-310, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-310, filed 2/28/03, effective 3/31/03.

Wash. Admin. Code § 468-95-322 School bus turn signs.

In Figure 7B-1 and Table 7B-1 add the school bus turn around (S3-201) sign.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-322, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-322, filed 11/18/11, effective 12/19/11.

Wash. Admin. Code § 468-95-330 School speed limit assembly (S4-1, S4-2, S4-3, S4-4, S5-1).

Pursuant to RCW 46.61.440, paragraph 05 in MUTCD Section 7B.05 is replaced with a Standard to read:

The beginning point of a reduced school or playground speed zone shall extend for 300 feet in either direction from the marked crosswalk when the marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs.

On county roads or city streets, the school or playground speed zone may extend up to 300 feet from the border of the school or playground property when fully posted with standard school speed limit signs or standard playground speed limit signs. The speed zone may only include the area consistent with active school or playground use.

No school or playground speed zone may extend less than 300 feet from a marked school or playground crosswalk, but may extend by traffic regulation beyond 300 feet based on a traffic and engineering investigation.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-330, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-330, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-330, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-330, filed 2/28/03, effective 3/31/03.

Wash. Admin. Code § 468-95-335 When children are present.

Amend MUTCD Section 7B.05 by adding the following to paragraph 07:

The supplemental or lower panel of a School Speed Limit 20 sign which reads When Children are Present shall indicate to the motorist that the 20 mile per hour school speed limit is in force under any of the following conditions:

(1) School children are occupying or walking within the marked crosswalk.

(2) School children are waiting at the curb or on the shoulder of the roadway and are about to cross the roadway by way of the marked crosswalk.

(3) School children are present or walking along the roadway, either on the adjacent sidewalk or, in the absence of sidewalks, on the shoulder within the posted school speed limit zone extending 300 feet, or other distance established by regulation, in either direction from the marked crosswalk.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-335, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-335, filed 11/18/11, effective 12/19/11.

Wash. Admin. Code § 468-95-340 School speed limit assembly (S4-1, S4-2, S4-3, S4-4, S5-1).

Amend paragraph 07 of the standard in MUTCD Section 7B.05 to read:

The School Speed Limit assembly shall be either a fixed-message sign assembly or a changeable message sign. The fixed-message School Speed Limit assembly shall consist of a top plaque (S4-3) with the legend SCHOOL, a Speed Limit (R2-1) sign, and a bottom plaque (S4-1, S4-2, S4-4, S4-6, or S4-501) indicating the specific periods of the day and/or days of the week that the special school speed limit is in effect (see Figure 7B-1).

Amend Figure 7B-1 to include the when flagged (S4-501) sign.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-340, filed 9/26/25, effective 10/27/25
WSR 11-23-101, § 468-95-340, filed 11/18/11, effective 12/19/11. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-340, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-340, filed 2/28/03, effective 3/31/03.

Wash. Admin. Code § 468-95-370 Pavement markings for obstructions.

Amend MUTCD Figure 9E-17, to show a normal solid white line instead of a wide solid white line.

History

Statutory Authority: RCW 47.36.030. WSR 25-20-055, s 468-95-370, filed 9/26/25, effective 10/27/25. Statutory Authority: Chapter 34.05 RCW and RCW 46.36.030 [RCW 47.36.030]. WSR 05-23-003, § 468-95-370, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapter 34.05 RCW and RCW 47.36.030. WSR 03-06-053, § 468-95-370, filed 2/28/03, effective 3/31/03.

Chapter 468-100 Uniform relocation assistance and real property acquisition.

Wash. Admin. Code § 468-100-001 Purpose.

(1) This chapter promulgates rules to implement and comply with chapter 8.26 RCW (Relocation assistance—Real property acquisition policy), Title 49 C.F.R. Part 24, and other applicable laws which establish the requirements for the state, local public agencies, and other persons who have the authority to acquire property by eminent domain under state law when a public project involves the acquisition, condemnation, or demolition of real property or other actions which results in any persons or property being displaced. The state, local public agency, or other person is authorized and required to provide relocation assistance and to make relocation payments to the displaced persons and to do such other acts and follow such procedures and practices as may be necessary to comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as amended May 3, 2024, but not to include future amendments. Agencies must ensure these regulations are implemented in a manner that is efficient and cost-effective.

(2) Conflicts: In the event of any conflict between these regulations and the provisions of chapter 8.26 RCW or any other applicable law, the statutory provisions are controlling.

(3) Notwithstanding anything to the contrary in this chapter, any displacing agency, where otherwise authorized, may make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by this chapter, and may comply with regulations promulgated pursuant to other authority, if the making of such payment or compliance with such requirements is necessary under federal law or regulations to secure federal financial assistance.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-001, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-001, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-001, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-002 Definitions and acronyms.

Definitions: For the purposes of this chapter, certain terms are defined as follows:

(1) Agency means the federal agency, state, state agency, or person that acquires real property or displaces a person.

(a) Acquiring agency means a state agency, as defined in (d) of this subsection, which has the authority to acquire property by eminent domain under state law, and a state agency or person that does not have such authority.

(b) Displacing agency means the state agency, local public agency, or any person carrying out a program or project, with federal or state financial assistance, that causes a person to be a displaced person.

(c) Federal agency means any department, agency, or instrumentality in the executive branch of the United States government, any wholly owned U.S. government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under federal law.

(d) State agency means any department, agency or instrumentality of a state or of a political subdivision of a state, local public agency, any department, agency, or instrumentality of two or more states or of two or more political subdivisions of a state or states, and any person who has the authority to acquire property by eminent domain under state law or has been designated as an acquiring agency as defined in (a) of this subsection.

(2) Appraisal means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.

(3) Business means any lawful activity, except a farm operation, that is conducted:

(a) Primarily for the purchase, sale, lease, and/or rental of personal and/or real property, and/or for the manufacture, processing, and/or marketing of products, commodities, and/or any other personal property; or

(b) Primarily for the sale of services to the public; or

(d) By a nonprofit organization that has established its nonprofit status under applicable federal or state law.

(4) Citizen for purposes of this part includes both citizens of the United States and noncitizen nationals.

(5) Comparable replacement dwelling means a dwelling that meets the additional rules in WAC 468-100-403 and which is:

(a) Decent, safe, and sanitary according to the definition in subsection (7) of this section;

(b) Functionally equivalent to the displacement dwelling. The term functionally equivalent means that it performs the same function and provides the same utility. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features must be present. Generally, the functional equivalency is an objective standard, reflecting the range of purposes for which the various physical features of a dwelling may be used. However, in determining whether a replacement dwelling is functionally equivalent to the displacement dwelling, the agency may consider reasonable tradeoffs for specific features when the replacement unit is equal to or better than the displacement dwelling;

(d) Located in an area that is not subject to unreasonable adverse environmental conditions;

(e) In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities and commercial and public facilities, and is reasonably accessible to the person's place of employment. Comparables may be used from neighborhoods similar to that of the acquired dwelling;

(f) On a site that is typical in size for residential development with normal site improvements, including customary landscaping. The site need not include special improvements such as outbuildings, swimming pools, or greenhouses in accordance with WAC 468-100-403 (1)(b);

(g) Currently available to the displaced person on the private market except as provided in subsection (6)(i) of this section; and

(h) Within the financial means of the displaced person:

(i) A replacement dwelling purchased by a homeowner in occupancy at the displacement dwelling for at least 90 days prior to initiation of negotiations (90-day homeowner) is considered to be within the homeowner's financial means if the homeowner will receive the full price differential as described in WAC 468-100-401(3), all increased mortgage interest costs as described in WAC 468-100-401(4), all reverse mortgage replacement costs as described in WAC 468-100-401(5), and all incidental expenses as described in WAC 468-100-401(6), plus any additional amount required to be paid under WAC 468-100-404.

(ii) A replacement dwelling rented by an eligible displaced person is considered to be within their financial means if, after receiving rental assistance under this chapter, the person's monthly rent and estimated average monthly utility costs for the replacement dwelling do not exceed the person's base monthly rental for the displacement dwelling as described in WAC 468-100-402 (2)(b).

(iii) For a displaced person who is not eligible to receive a replacement housing payment because of the person's failure to meet the length of occupancy requirements, comparable replacement rental housing is considered to be within the person's financial means if an agency pays that portion of the monthly housing costs of a replacement dwelling which exceeds the person's base monthly rent for the displacement dwelling as described in WAC 468-100-402 (2)(b). Such rental assistance must be paid under WAC 468-100-404, replacement housing of last resort.

(i) For a person receiving government housing assistance before displacement, a dwelling that may reflect similar government housing assistance. In such cases any requirements of the government housing assistance program, including fair housing, civil rights, and those relating to the size of the replacement dwelling shall apply. However, nothing in this part prohibits an agency from offering, or precludes a person from accepting, assistance under a government housing program, even if the person did not receive similar assistance before displacement, subject to the eligibility requirements of the government housing assistance program. An agency is obligated to inform the person of his or her options under this part and the implications of accepting a different form of assistance other than the assistance that the person may currently be receiving. If a person accepts assistance under a government housing assistance program, the rules of that program apply, and the rental assistance payment under WAC 468-100-402 would be computed on the basis of the person's actual out-of-pocket cost for the replacement housing and associated utilities after the applicable government housing assistance has been applied. In determining comparability of housing under this part:

(i) A public housing unit may qualify as a comparable replacement dwelling only for a person displaced from a public housing unit.

(ii) A privately owned unit with a housing project-based rental program subsidy (e.g., tied to the unit or building) may qualify as a comparable replacement dwelling only for a person displaced from a similarly subsidized unit or public housing unit.

(iii) An offer for tenant-based rental assistance, such as a HUD Section 8 housing choice voucher, may be provided along with an offer of a comparable replacement dwelling to a person receiving a similar subsidy assistance or occupying a privately owned subsidized unit or public housing unit before displacement. The displacing agency must confirm that the owner will accept tenant based rental assistance before offering the unit as comparable replacement housing.

(6) Contribute materially means that during the two taxable years prior to the taxable year in which displacement occurs, or during such other period as the agency determines to be more equitable, a business or farm operation:

(a) Had average annual gross receipts of at least $5,000; or

(b) Had average annual net earnings of at least $1,000; or

(d) If the application of the above criteria creates an inequity or hardship in any given case, the agency may approve the use of other criteria as determined appropriate.

(7) Decent, safe, and sanitary (DSS) dwelling means a dwelling which meets the requirements of (a) through (g) of this subsection or the most stringent of the local housing and occupancy code, federal agency regulations, or the agency's regulations or written policy. The DSS dwelling shall:

(a) Be structurally sound, weather-tight, and in good repair;

Many local housing and occupancy codes require the abatement of deteriorating paint, including lead-based paint and lead-based paint dust, in protecting the public health and safety. Where such standards exist, they must be honored;

(b) Contain a safe electrical wiring system adequate for lighting and other electrical devices;

(c) Contain a heating system capable of sustaining a healthful temperature (of approximately 70 degrees Fahrenheit) for a displaced person, except in those areas where local climatic conditions do not require such a system;

(d) Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person. The number of persons occupying each habitable room used for sleeping purposes shall not exceed that permitted by the most stringent of the local housing codes or, the agency's regulations or written policies. In addition, the displacing agency shall follow the requirements for separate bedrooms for children of the opposite gender included in local housing codes or in the absence of local housing codes, the policies of such agencies;

(e) There shall be a separate, well-lighted and ventilated bathroom that provides privacy to the user and contains a sink, bathtub or shower stall, and a toilet, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. When required by local code standards for residential occupancy, there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator;

(f) Contains unobstructed egress to safe, open space at ground level. If the replacement dwelling unit is on the second story or above, with access directly from or through a common corridor, the common corridor must have at least two means of egress; and

(g) For a displaced person with a disability, be free of any barriers that would preclude reasonable ingress, egress, or use of the dwelling by such displaced person.

(8) Displaced person means:

(a) Generally. Except as provided in (d) of this subsection, any person who permanently moves from the real property or moves his or her personal property from the real property. This includes a person who occupies the real property prior to its acquisition, but who does not meet the length of occupancy requirements of the Uniform Act as described in WAC 468-100-401(1) and 468-100-402(1).

(i) As a direct result of a written notice of intent to acquire, rehabilitate, and/or demolish, the initiation of negotiation for, or the acquisition of, such real property in whole or in part for a project;

(ii) As a direct result of rehabilitation or demolition for a project; or

(iii) As a direct result of a written notice of intent to acquire, or the acquisition, rehabilitation or demolition of, in whole or in part, other real property on which the person conducts a business or farm operation, for a project. However, eligibility for such person under this paragraph applies only for purposes of obtaining relocation assistance advisory services under WAC 468-100-205(2), and moving expenses under WAC 468-100-301 and 468-100-303.

(b) Persons required to move temporarily. A person who is required to move or moves his or her personal property from the real property as a direct result of the project but is not required to relocate permanently. Such determination shall be made by the agency in accordance with any requirement, policy, or guidance established by the agency funding the project. All benefits for persons required to move on a temporary basis are described in WAC 468-100-202(2).

(c) Voluntary acquisitions. A tenant who moves as a direct result of a voluntary acquisition as described in WAC 468-100-101(2) is eligible for relocation assistance when there is a binding written agreement between the agency and the owner that obligates the agency, without further election, to purchase the real property. Agencies funding voluntary acquisitions should develop policies identifying the types of agreements used in its programs or projects which it considers to be binding and which would therefore trigger eligibility for tenants as displaced persons. Agreements such as options to purchase and conditional purchase and sale agreements are not considered a binding agreement within the meaning of this paragraph until all conditions to the agency's obligation to purchase the real property have been satisfied. Provided that, the agency may determine that a tenant who moves before there is a binding agreement is eligible for relocation assistance once a binding agreement exists allowing establishment of eligibility.

(d) Persons not displaced. The following is a nonexclusive listing of persons who do not qualify as a displaced person under this chapter.

(i) A person who moves before the initiation of negotiations unless the agency determines that the person was displaced as a direct result of the program or project; or

(ii) A person who initially enters into occupancy of the property after the date of its acquisition for the project; or

(iii) A person who has occupied the property for the purpose of obtaining assistance under the Uniform Act; or

(iv) An owner-occupant who moves as a result of an acquisition, rehabilitation, or demolition of real property in a voluntary transaction (subsection (36) of this section). However, the displacement of a tenant as a direct result of any acquisition, rehabilitation or demolition is subject to this part; or

(v) A person whom the agency determines is not displaced as a direct result of a partial acquisition; or

(vi) A person who, after receiving a notice of relocation eligibility, is notified in writing that he or she will not be displaced for a project. Such written notification shall only be issued if the person has not moved and the agency agrees to reimburse the person for any expenses incurred to satisfy any binding contractual relocation obligations entered into after the effective date of the notice of relocation eligibility as described in WAC 468-100-203 (2)(b); or

(vii) An owner-occupant who voluntarily sells his or her property pursuant to WAC 468-100-101 (2)(a) after being informed in writing that if a mutually satisfactory agreement on terms of the conveyance cannot be reached, the agency will not acquire the property. In such cases, however, any resulting displacement of a tenant is subject to the rules in this chapter; or

(viii) A person who retains the right of use and occupancy of the real property for life following its acquisition by the agency; or

(ix) An owner who retains the right of use and occupancy of the real property for a fixed term after its acquisition by the Department of Interior under Public Law 93-477, Appropriations for National Park System, or Public Law 93-303, Land and Water Conservation Fund, except that such owner remains a displaced person for purposes of subpart D of this chapter; or

(x) A person who is determined to be in unlawful occupancy prior to or after the initiation of negotiations, or a person who has been evicted for cause, under applicable state law, in accordance with WAC 468-100-206. However, advisory assistance may be provided to unlawful occupants at the option of the agency in order to facilitate the project; or

(xi) A person who is not lawfully present in the United States and who has been determined to be ineligible for relocation assistance in accordance with WAC 468-100-208; or

(xii) Temporary, daily, or emergency shelter occupants are in most cases not considered displaced persons. However, agencies may determine that a person occupying a shelter is a displaced person due to factors which could include reasonable expectation of a prolonged stay, or other extenuating circumstances. At a minimum, agencies shall provide advisory assistance to all occupants at initiation of negotiations.

(9) Dwelling means the place of permanent or customary and usual residence of a person, according to local custom or law, including a single family house; a single family unit in a two-family, multifamily, or multipurpose property; a unit of a condominium or cooperative housing project; a mobile home; or any other residential unit.

(10) Dwelling site means a land area that is typical in size for similar dwellings located in the same neighborhood or rural area.

(11) Farm operation means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

(12) Financial assistance means financial funding by the way of any grant, loan, or contribution provided by the United States or the state of Washington. It does not include any federal guarantee, insurance, or tax credits (low income housing tax credit) or any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual.

(13) Household income means total gross income received for a 12-month period from all sources (earned and unearned) including, but not limited to, wages, salary, child support, alimony, unemployment benefits, workers compensation, Social Security, or the net income from a business. It does not include income received or earned by dependent children under 18 years of age, or full-time students who are students for at least five months of the year and are under the age of 24.

(14) Initiation of negotiations, unless a different action is specified in applicable agency program regulations, means the following:

(a) Whenever the displacement results from the acquisition of the real property by an agency, the term means the delivery of the initial written offer of just compensation by the agency to the owner or the owner's representative to purchase the real property for the project. However, if the agency issues a notice of its intent to acquire, rehabilitate, or demolish the real property, and a person moves after that notice, but before delivery of the initial written purchase offer, the term means the actual move of the person from the property.

(b) Whenever the displacement is caused by rehabilitation, demolition, or privately undertaken acquisition of the real property (and there is no related acquisition by an agency), the term means the notice to the person that he or she will be displaced by the project or, if there is no notice, the actual move of the person from the property.

(c) In the case of a permanent relocation to protect the public health and welfare under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (Pub. L. 96-510, or "Superfund"), the "initiation of negotiations" means the formal announcement of such relocation or the federal or federally-coordinated health advisory where the federal government later decides to conduct a permanent relocation.

(d) In the case of permanent relocation of a tenant as a result of a voluntary acquisition of real property described in WAC 468-100-101 (2)(a) the tenant is not eligible for relocation assistance under this part, until there is a binding written agreement between the agency and the owner that obligates the agency, without further election, to purchase the real property. Agreements such as options to purchase and conditional purchase and sale agreements are not considered a binding agreement within the meaning of this part unless such agreements satisfy the requirements of the agency providing the financial assistance or until all conditions to the agency's obligation to purchase the real property have been satisfied.

(15) Lead agency means the department of transportation.

(16) Mobile home, when used in this chapter, includes manufactured homes and recreational vehicles used as residences.

(17) Mortgage means any of such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the state in which the real property is located, together with the credit instruments, if any, secured thereby.

(18) Noncitizen not lawfully present in the United States means a noncitizen who is not "lawfully present" in the United States as defined in Public Law 104-193 and includes:

(a) A noncitizen present in the United States who has not been admitted or paroled into the United States pursuant to the Immigration and Nationality Act and whose stay in the United States has not been authorized by the U.S. Secretary of Homeland Security; and

(b) A noncitizen who is present in the United States after the expiration of the period of stay authorized by the U.S. Secretary of Homeland Security or who otherwise violates the terms and conditions of admission, parole, or authorization to stay in the United States.

(19) Nonprofit organization means an organization that is incorporated under the applicable laws of a state as a nonprofit organization and exempt from paying federal income taxes under Section 501 of the Internal Revenue Code (26 U.S.C. 501).

(20) Owner of a dwelling means a person who is considered to have met the requirement to own a dwelling if the person purchases or holds any of the following interests in real property:

(a) Fee title, a life estate, a land contract, a 99-year lease, or a lease including any options for extension with at least 50 years to run from the date of acquisition; or

(b) An interest in a cooperative housing project which includes the right to occupy a dwelling; or

(d) Any other interests, including a partial interest, which in the judgment of the agency warrants consideration as ownership.

(21) Owner's or tenant's designated representative means a representative designated by a property owner or tenant to receive all required notifications and documents from the agency. The owner or tenant must provide the agency a written notification which states that they are designating a representative, provide that person's name and contact information and what if any notices or information, the representative is not authorized to receive.

(22) Person means any individual, family, partnership, corporation, or association.

(23) Program or project means any activity or series of activities undertaken by an agency.

(24) Reverse mortgage (also known as a home equity conversion mortgage) means a first mortgage which provides for future payments to the homeowner based on accumulated equity and which a housing creditor is authorized to make under any federal law or state Constitution, law, or regulation. See 12 U.S.C. 1715z-20 for additional information. It is a class of lien generally available to persons 62 years of age or older. Reverse mortgages do not require a monthly mortgage payment and can also be used to access a home's equity. The reverse mortgage becomes due when none of the original borrowers live in the home, if taxes or insurance become delinquent, or if the property falls into disrepair.

(25) Salvage value means the probable sale price of an item, if offered for sale to knowledgeable buyers with the requirement that it will be removed from the property at the buyer's expense, (i.e., not eligible for relocation assistance). This includes items for reuse as well as items with components that can be reused or recycled when there is no reasonable prospect of sale except on this basis.

(26) Small business means any business having not more than 500 employees working at the site being acquired or displaced by a program or project, which site is the location of economic activity. Sites occupied solely by outdoor advertising signs, displays, or devices do not qualify as a business for purposes of WAC 468-100-303 or 468-100-306.

(27) State means any department, commission, agency, or instrumentality of the state of Washington.

(28) Temporary, daily, or emergency shelter (shelter) means any facility, the primary purpose of which is to provide a person with a temporary overnight shelter which does not allow prolonged or guaranteed occupancy. A shelter typically requires the occupants to remove their personal property and themselves from the premises on a daily basis, offers no guarantee of reentry in the evening, and in most cases does not meet the definition of dwelling as used in this part.

(29) Tenant means a person who has the temporary use and occupancy of real property owned by another.

(30) Uneconomic remnant means a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and which the acquiring agency has determined has little or no value or utility to the owner.

(31) Uniform Act means the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894; 42 U.S.C. 4601 et seq.; Pub. L. 91-646), and amendments thereto.

(32) Unlawful occupant means a person who occupies without property right, title, or payment of rent, or a person legally evicted, with no legal rights to occupy a property under state law. An agency, at its discretion, may consider such person to be in lawful occupancy for the purpose of determining eligibility for assistance under the Uniform Act.

(33) Utility costs means expenses for electricity, gas, other heating and cooking fuels, water and sewer.

(34) Utility facility means:

(a) Any line, facility, or system for producing, transporting, transmitting, or distributing communications, cable, television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system; any fixtures, equipment, or other property associated with the operation, maintenance, or repair of any such system. A utility facility may be publicly, privately, or cooperatively owned.

(b) The term shall also mean the utility company including any substantially owned or controlled subsidiary. For the purposes of this part the term includes those utility-type facilities which are owned or leased by a government agency for its own use, or otherwise dedicated solely to governmental use. The term utility includes those facilities used solely by the utility which are part of its operating plant.

(35) Utility relocation means the adjustment of a utility facility required by the program or project undertaken by the agency. It includes removing and reinstalling the facility, including necessary temporary facilities; necessary right of way on a new location; moving, rearranging, or changing the type of existing facilities; and taking any necessary safety and protective measures. It shall also mean constructing a replacement facility that has the functional equivalency of the existing facility and is necessary for the continued operation of the utility service, the project economy, or sequence of project construction.

(36) Voluntary transaction means the acquisition of real property without the use of eminent domain or the threat of eminent domain. A voluntary transaction may take the form of a donation, exchange, market sale, or other type of agreement entered into without compulsion on the part of the agency. The agency shall not acquire the property if negotiations fail to result in an amicable agreement.

(37) Waiver valuation means the valuation process used and the product produced when the agency determines that an appraisal is not required, pursuant to WAC 468-100-102 appraisal waiver provisions. Waiver valuations are not appraisals as defined by the Uniform Act and this part.

Acronyms: The following acronyms are commonly used in the implementation of programs subject to this regulation.

DSS: Decent, safe and sanitary.

FEMA: Federal Emergency Management Agency.

FHA: Federal Housing Association.

FHWA: Federal Highway Administration.

FIRREA: Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

HUD: U.S. Department of Housing and Urban Development.

MIDP: Mortgage interest differential payment.

RHP: Replacement housing payment.

URA: Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

USCIS: U.S. Citizenship and Immigration Services.

USDOT: U.S. Department of Transportation.

USPAP: Uniform Standards of Professional Appraisal Practice.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-002, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-002, filed 1/3/06, effective 2/3/06. Statutory Authority: Chapter 8.26 RCW and WSR 89-17-048 (Order 121). WSR 01-02-027, § 468-100-002, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-002, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-003 No duplication of payments.

No person shall receive any payment under this part if that person receives a payment under federal, state, local law, or insurance proceeds which is determined to have the same purpose and effect as such payment under this chapter. The agency shall avoid creating a duplication based on information obtained by the agency at the time the agency approves a payment under this chapter.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-003, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-003, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-004 Assurances, monitoring, and corrective action.

(1) Assurances: Prior to a state agency or local public agency commencement of any project phase that will result in real property acquisition or displacement that is subject to chapter 8.26 RCW, the agency shall prepare and adopt operating procedures. Such procedures shall:

(a) Assure that the agency will comply with chapter 8.26 RCW and this chapter;

(b) Contain specific reference to any state law which the agency believes provides an exception to RCW 8.26.180, 8.26.190, or this chapter;

(c) Include appropriate provisions to carry out this chapter in a manner that minimizes the opportunity for, and/or the appearance of, fraud, waste, and mismanagement; and

(d) Shall be prefaced by a certification that the agency will carry out its responsibilities for real property acquisition and relocation assistance in accordance with chapter 8.26 RCW and this chapter. A statement such as the following would satisfy the certification requirement:

"The agency certifies that the agency will comply with chapter 8.26 RCW and chapter 468-100 WAC in connection with the acquisition of real property for, and relocation of persons displaced by, a program or project of the agency."

The agency shall maintain a record copy of such procedures available for public review at any reasonable time and location.

(2) Monitoring and corrective action: The funding agency will monitor compliance with this chapter, and the acquiring agency and/or displacing agency shall take whatever corrective action is necessary to comply with chapter 8.26 RCW and this chapter. The agency providing financial assistance may also apply sanctions in accordance with applicable regulations.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-004, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-004, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-004, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-005 Manner of notices and electronic signatures.

(1) Each notice that the agency is required to provide to a property owner or occupant under this chapter, except the notice described in WAC 468-100-102(2) shall be personally served or sent by certified or registered first-class mail, return receipt requested (or by companies other than the United States Postal Service that provide the same function as certified mail with return receipts), and documented in agency files. An acquiring and/or displacing agency may approve a process to permit the displaced person or property owner to voluntarily agree to receive required notices by electronic delivery in lieu of the use of certified or registered first-class mail, return receipt requested, or personally served notices, when an agency demonstrates a means to document receipt of such notices by the property owner or occupant. The agency providing financial assistance may approve a process to permit the use of electronic signature which meet the requirements of subsection (5) of this section. Where more than one agency provides financial assistance, see WAC 468-100-006.

(2) Electronic delivery of required notices. The use of electronic delivery of notices must include the following safeguards:

(a) A process to inform property owners and occupants they will continue to receive notices as described in subsection (1) of this section unless they voluntarily elect to receive electronic notices.

(b) A process to document and record when information is legally delivered in digital format. A date and timestamp must establish the date of delivery and receipt with an electronic record capable of retention.

(c) A process to link the electronic signature with an electronic document in a way that can be used to determine whether the electronic document was changed subsequent to when an electronic signature was applied to the document.

(3) Each notice shall be written in plain, understandable language. Persons who are unable to read and understand the notice must be provided with appropriate translation and counseling. Each notice shall indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help.

(4) Designated representatives. A property owner or tenant may designate a representative to receive the written offer, required notices, correspondence, or other information and to provide any information on their behalf required by the acquiring or displacing agency by providing a written request to the agency.

(5) Electronic signatures. Use of electronic signature of documents must include the following safeguards:

(a) A process to document and record when information is legally delivered in digital format. A date and timestamp must establish the date of delivery and receipt with an electronic record capable of retention.

(b) A process to link the electronic signature with an electronic document in a way that can be used to determine whether the electronic document was changed subsequent to when an electronic signature was applied to the document.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-005, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-005, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-005, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-006 Administration of jointly funded projects.

Whenever two or more agencies provide financial assistance to an agency or agencies to carry out functionally or geographically related activities which will result in the acquisition of property or the displacement of a person, the funding agencies may by agreement designate one such agency as the cognizant agency. At a minimum, the agreement shall set forth the financially assisted activities which are subject to its terms and cite any policies and procedures, in addition to this chapter, that are applicable to the activities under the agreement. Under the agreement, the cognizant agency shall ensure that the project is in compliance with the provisions of chapter 8.26 RCW and this chapter. All financially assisted activities under the agreement shall be deemed a project for the purposes of this chapter.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-006, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-006, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-007 Federal agency waiver of regulations.

When federal funds are provided for a project, the federal agency funding the project may, grant the acquiring or displacing agency a waiver of certain federal requirements that are not otherwise required by state law if it determines that the waiver does not reduce any assistance or protection provided to an owner or displaced person under this chapter. Any request for a waiver by an acquiring or displacing agency shall be justified on a case-by-case or project basis.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-007, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-007, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-007, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-008 Compliance with other laws and regulations.

The implementation of this chapter must be in compliance with all applicable laws and implementing regulations including, but not limited to, the following:

(1) Section I of the Civil Rights Act of 1866 (42 U.S.C. 1982 et seq.).

(2) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

(3) The Fair Housing Act (42 U.S.C. 3601 et seq.), as amended.

(4) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(5) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.).

(6) Executive Order 12250 - Leadership and Coordination of Non-Discrimination Laws.

(7) Executive Order 11063 - Equal Opportunity and Housing, as amended by Executive Order 12892.

(8) Executive Order 11625 - Minority Business Enterprise.

(9) The Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.).

(10) Executive Orders 11988, Flood Plain Management, and 11990, Protection of Wetlands.

(11) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).

(12) Executive Order 12630 - Governmental Actions and Interference with Constitutionally Protected Property Rights.

(13) Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121 et seq.).

(14) Executive Order 12892 - Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-008, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-008, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-009 Recordkeeping and reports.

(1) Records: The agency shall maintain adequate records of its acquisition and displacement activities in sufficient detail to demonstrate compliance with this chapter. These records shall be retained for at least three years after each owner of a property and each person displaced from a property receives the final payment to which the person is entitled under this chapter.

(2) Confidentiality of records: Records maintained by an agency in accordance with this chapter are confidential regarding their use as public information, unless applicable law provides otherwise.

(3) Reports: Each agency using federal funds that has programs or projects requiring the acquisition of real property or causing a displacement from real property subject to the provisions of the Uniform Act must provide to the Federal Highway Administration an annual summary report by November 15th that describes the real property acquisitions, displacements, and related activities conducted by the agency for the prior calendar year.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-009, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-009, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-009, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-010 Appeals.

The agency shall promptly review appeals in accordance with the requirements of applicable law and this chapter.

(1) Actions which may be appealed: A person may file written notice of an appeal with the agency in any case in which the person believes that the agency has failed to properly determine the person's eligibility for, or the amount of, a payment required under WAC 468-100-105 or RCW 8.26.200, or a relocation payment and entitlement required under this chapter.

(2) Limitations: A person is entitled to only such benefits as are specifically delineated in this chapter. If a person chooses to be represented by legal counsel or other representative in connection with his or her appeal, it is solely at the person's own expense.

(3) Form of notice: Each displacing or acquiring agency shall create procedures for appealing actions under subsection (1) of this section. At a minimum, appeals shall be in writing and the appeal notice or letter must state what issues are being claimed, the reasons why the aggrieved person believes the claim should be allowed, and how the person believes he or she is otherwise aggrieved. The letter or notice should clearly identify the agency's project and parcel of real property involved. It must bear the signature and address of the aggrieved person or the person's authorized representative. If the aggrieved person's letter or notice of appeal is incomplete or otherwise does not conform with agency appeal procedures, the agency shall notify the person that it cannot schedule any review or hearing on an appeal until these requirements have been met. Finally, an order may be issued providing for dismissal of the appeal based upon the aggrieved person's failure to comply with the agency's appeal procedures.

(4) Time limit for initiating appeal: The time limit shall be 60 days after the person receives written notification of the agency's determination on the person's claim.

(5) Review of files by person making appeal: The agency shall permit a person to inspect and copy all materials pertinent to the person's appeal, except materials which are classified as confidential by the agency. The agency may, however, impose reasonable conditions on the person's right to inspect, consistent with applicable laws.

(6) Hearing process: Except as they may be inconsistent with the rules of this chapter, the department of transportation adopts the practice and procedure rules as set forth in chapter 468-10 WAC for appeals under this chapter. Where the rules of this chapter conflict with those of chapter 468-10 or 10-08 WAC, the rules of this chapter shall govern.

(7) Discovery: Discovery will be available in relocation appeals as follows: Any party to a relocation appeal may obtain discovery from any party by written interrogatories, written admissions, oral depositions, subpoena duces tecums, and written requests for production of documents. The procedures regarding these methods of discovery are found at CR 28 through 36 and 45(b) as now or hereafter amended and are hereby incorporated in this section.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-010, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-010, filed 1/3/06, effective 2/3/06. Statutory Authority: RCW 47.01.101(5) and chapter 34.05 RCW. WSR 94-14-102 (Order 146), § 468-100-010, filed 7/6/94, effective 8/6/94. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-010, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-101 Applicability of acquisition requirements.

General:

(1) Except as provided in subsection (2) of this section, the requirements of RCW 8.26.180 through 8.26.200 apply to any agency acquisition of real property for a program or project where the agency's program or project is carried out under threat of eminent domain including amicable agreements. The requirements of RCW 8.26.180 through 8.26.200 also apply to any project or program where there is an intended, planned, or designated project area, and all, or substantially all, of the property within that area is eventually intended to be acquired, whether the agency has or intends to use the power of eminent domain. The relocation assistance provisions in this chapter are not applicable to owner-occupants who move as a result of a voluntary acquisition. The relocation assistance provisions in this part are applicable to tenants who must permanently relocate as a result of an acquisition described in subsection (2)(a) through (b) of this section. Such tenants are considered displaced persons.

(2) Provided it does not conflict with subsection (1) of this section, an agency may determine that the requirements of RCW 8.26.180 through 8.26.200 do not apply to:

(a) Voluntary transactions (defined in WAC 468-100-002 (36)) that meet the following conditions:

(i) The agency provides written notice, no later than the time of the offer, informing the owner, or owner's representative, of the property's estimated fair market value and that the acquisition process will terminate if agreement cannot be reached;

(ii) The agency will not be using eminent domain to acquire the property;

(iii) The agency will be treating all owners similarly if seeking to purchase more than one property within a general geographic area; and

(iv) The property is not part of an intended, planned, or designated project area where all, or substantially all, of the property within the area must be acquired within specific time limits.

(b) Agencies with no condemnation authority. The acquiring agency lacks authority to acquire the property through condemnation.

(c) Acquisition by a cooperative. The acquisition of real property by a cooperative from a person who, as a condition of membership in the cooperative, has agreed to provide without charge any real property that is needed by the cooperative.

(3) Less than full fee interest in real property.

(a) The provision of this part applies when acquiring fee title subject to retention of a life estate or a life use; to acquisition by leasing where the lease term, including option(s) for extension, is 50 years or more; and, to the acquisition of permanent and/or temporary easements necessary for the project. However, the agency may apply the regulations in this subpart to any less-than-full-fee acquisition that, in its sole judgment and discretion, should be covered.

(b) The provisions of this subpart do not apply to temporary easements or permits needed solely to perform work intended exclusively for the benefit of the property owner, which work may not be done if agreement cannot be reached.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-101, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-101, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-101, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-102 Basic acquisition policies.

This chapter sets forth requirements for acquiring real property for programs or projects which real property is required to construct, operate, and maintain the program or project.

(1) Expeditious acquisition. The agency shall make every reasonable effort to acquire the real property expeditiously by negotiation.

(2) Notice to owner. As soon as feasible, the agency shall notify the owner in writing of the agency's interest in acquiring the real property and shall provide the owner information regarding the basic protections provided by law and this section.

In the case of a condominium, common interest community, or other types of housing with common or community areas, notification must be provided to the appropriate parties as stated in the declaration. The appropriate parties could be a condominium, unit, or homeowner's association board, a designated representative, or all individual property owners when common or community held property is being acquired for a project.

(3) Establishment and offer of just compensation. Before the initiation of negotiations, the agency shall establish an amount which it believes is just compensation for the real property. The amount shall not be less than the approved appraisal or waiver valuation of the fair market value of the property, taking into account the value of allowable damages or benefits to any remaining property. An agency official must establish the amount believed to be just compensation. Promptly thereafter, the agency shall make a written offer to the owner or the designated owner's representative to acquire the property for the full amount believed to be just compensation.

(4) Summary statement. Along with the initial written purchase offer required in subsection (3) of this section, the owner or the designated owner's representative shall be given a written statement of the basis for the offer of just compensation, which must include:

(a) A statement of the amount offered as just compensation. In the case of a partial acquisition, the compensation for the real property to be acquired and the compensation for the damages, if any, to the remaining real property shall be separately stated.

(b) A description and location identification of the real property and the interest of the real property to be acquired.

(c) An identification of the buildings, structures, and other improvements (including removable building equipment and trade fixtures) which are included as part of the offer of just compensation. Where appropriate, the statement shall identify any other separately held ownership interest in the property, e.g., a tenant-owned improvement, and indicate that such interest is not covered by this offer.

(5) Basic negotiation procedures. The agency shall make all reasonable efforts to contact the owner or the owner's designated representative and discuss its offer to purchase the property, including the basis for the offer of just compensation and explain its acquisition policies and procedures, including the payment of incidental expenses in accordance with WAC 468-100-107. The owner shall be given a reasonable opportunity to consider the offer and present material which the owner believes is relevant to determining the value of the property and to suggest modification of the proposed terms and conditions of the purchase. The agency shall consider the owner's or the designated owner's representative's presentation.

(6) Updating the offer of just compensation. If the information presented by the owner, or a material change in the character or condition of the property, indicates the need for a new appraisal(s) or waiver valuation, or if a significant delay has occurred since the time of the appraisal(s) or waiver valuation of the property, the agency shall have the appraisal(s) or waiver valuation updated or obtain a new appraisal(s) or waiver valuation. If the latest appraisal or waiver valuation information indicates that a change in the purchase offer is warranted, the agency shall promptly reestablish just compensation and offer that amount to the owner in writing.

(7) Coercive action. The agency shall not advance the time of condemnation, or defer negotiations or condemnation, or the deposit of funds into the court, or take any other coercive action to induce an agreement on the price of the property to be paid.

(8) Administrative settlement. The purchase price for the property may exceed the amount offered as just compensation when reasonable efforts to negotiate an agreement at that amount have failed and an authorized agency official approves such administrative settlement as being reasonable, prudent, and in the public interest. A written justification shall be prepared, which states what available information, including trial risks, supports such a settlement.

(9) Payment before taking possession. Before requiring the owner to surrender possession of the real property, the agency shall pay the agreed purchase price to the owner, or in the case of a condemnation, deposit with the court, for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of such property, or the court award of compensation in the condemnation proceeding for the property.

In exceptional circumstances, such as an emergency project, when there is no time to make an appraisal and offer, with the prior approval of the owner or the owner's designated representative, the agency may obtain a right-of-entry for construction purposes before making payment available to an owner.

(10) Uneconomic remnant. If the acquisition of only a portion of a property would leave the owner with an uneconomic remnant, the agency shall offer to acquire the uneconomic remnant along with the portion of the property needed for the project.

(11) Inverse condemnation. If the agency intends to acquire any interest in real property by exercise of the power of eminent domain, it shall institute formal condemnation proceedings and not intentionally make it necessary for the owner to institute legal proceedings to prove the fact of the taking of the real property.

(12) Fair rental. If the agency permits a former owner or tenant to occupy the real property after acquisition for a short term, or a period subject to termination by the agency on short notice, the rent shall not exceed the fair market rent for such occupancy.

(13) Conflict of interest. Persons functioning as a negotiator shall not supervise the valuation professional, except as provided for in WAC 468-100-103(5).

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-102, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 07-21-057, § 468-100-102, filed 10/11/07, effective 11/11/07
WSR 06-02-068, § 468-100-102, filed 1/3/06, effective 2/3/06. Statutory Authority: Chapter 8.26 RCW and WSR 89-17-048 (Order 121). WSR 01-02-027, § 468-100-102, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-102, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-103 Criteria for valuations.

(1) Standards of appraisals, appraisal reviews, and waiver valuations: The agency acquiring real property has a legitimate role in contributing to the valuation process, especially in developing the scope of work and defining the valuation problem. The scope of work, format, and level of documentation for an appraisal, or other valuation, under this section depends on the complexity of the valuation problem. This part sets forth minimum standards for appraisals and appraisal reviews consistent with established, commonly accepted, and nationally recognized appraisal practice. In line with 49 C.F.R. 24.102 (c)(2), the lead agency shall develop minimum standards for waiver valuations for acquisitions which, have a low value and uncomplicated valuation problem, and therefore, do not require the in-depth analysis and presentation necessary in an appraisal. An appraisal and appraisal review shall be prepared for all other acquisitions, unless the owner is donating the property and releases the agency from its obligation to appraise the property.

(a) An appraisal must contain sufficient documentation, including valuation data and the appraiser's analysis of that data, to support the appraiser's opinion of value. At a minimum, the appraisal shall contain the following items:

(i) The purpose and/or the function of the appraisal, a definition of the estate being appraised, and a statement of the assumptions and limiting conditions affecting the appraisal.

(ii) An adequate description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, an adequate description of the remaining property), a statement of the known and observed encumbrances, if any, title information, location, zoning, present use, an analysis of highest and best use, and at least a five-year sales history of the property.

(iii) All relevant and reliable approaches to value consistent with commonly accepted professional appraisal practices. When supported by market data, the agency, at its discretion, may accept an appraisal report using only one approach to value. If more than one approach is utilized, there shall be an analysis and reconciliation of approaches to value that are sufficient to support the appraiser's opinion of value.

(iv) A description of comparable sales, including a description of all relevant physical, legal, and economic factors such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction.

(v) A statement of the value of the real property to be acquired and, for a partial acquisition, a statement of the value of the damages and benefits, if any, to the remaining real property, where appropriate.

(vi) The effective date of valuation, date of appraisal, signature, and certification of the appraiser.

(vii) Documentation that the owner, or the owner's designated representative, was given an opportunity to accompany the appraiser during the appraiser's inspection of the property.

(viii) Identification of items of personalty in the acquisition area and whether they are owner- or tenant-owned. Items of realty should also be labeled as owner- or tenant-owned.

(ix) The appraiser identifies and recommends the existence of an uneconomic remnant, if applicable, and the appraisal report shall indicate a value for the uneconomic remnant as well as the acquisition area.

(x) If there is a displacement of an owner or tenant, the short-term fair market rental rate for the property shall be identified in the appraisal.

(b) The agency shall have an appraisal review process and, at a minimum:

(i) A qualified review appraiser shall examine all appraisals to ensure that they meet applicable appraisal requirements and shall, prior to acceptance, seek necessary corrections or revisions. The review appraiser shall determine whether the appraiser's documentation, including valuation data and analyses of that data, demonstrates the soundness of the appraiser's opinion of value. The review appraiser shall identify each appraisal report as recommended (as the basis for the establishment of the amount believed to be just compensation), accepted (meets all requirements, but not selected as recommended or approved), or not accepted.

(ii) If the review appraiser is unable to approve or recommend approval of an appraisal as an adequate basis for the estimate of just compensation, and it is determined that it is not practical to obtain an additional appraisal, the reviewing appraiser may develop appraisal documentation in accordance with (a) of this subsection to support an approved or recommended value. The agency may determine whether a second review is needed if the first review appraiser establishes a value different from that in the appraisal report(s) on the property.

(iii) The review appraiser shall prepare a written report that identifies the appraisal reports reviewed and documents the findings and conclusions arrived at during the review of the appraisal(s). Any damages or benefits to any remaining property shall be identified. The review appraiser shall also prepare a signed certification that states the parameters of the review, the approved or recommended value and, if the review appraiser is authorized to do so, the amount believed to be just compensation for the acquisition.

(iv) The review appraiser will identify and recommend the existence of an uneconomic remnant, if applicable.

(2) Influence of the project on just compensation: The appraiser shall disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project, other than that due to the physical deterioration within the reasonable control of the owner.

(3) Owner retention of improvements: If the owner of a real property improvement is permitted to obtain the right to remove it in whole or in part from the project site, the amount to be offered for the interest in the real property to be acquired shall not be less than the difference between the amount determined to be just compensation for the owner's interest in the real property and the salvage value of the retained improvement. The salvage value (defined in WAC 468-100-002(25)) of the improvement to be removed shall not be included in the agency's payment.

(4) Qualifications of appraisers, review appraisers, and waiver valuation preparers:

(a) The funding agency shall establish criteria for determining the minimum qualifications and competencies of appraisers and review appraisers. Qualifications shall be consistent with the scope of work for the assignment. The agency shall review the experience, education, training, certification/licensing, designations and other qualifications of appraisers and review appraisers, and use only those determined by the agency to be qualified.

(b) If the agency uses a contract (fee) appraiser or appraisal reviewer to perform the appraisal or review, such person shall be a state-certified residential real estate appraiser or a state-certified general real estate appraiser through the Washington state department of licensing.

(c) The person performing the waiver valuation must have sufficient understanding of the local real estate market to be qualified to perform the waiver valuation. The agency representative making the determination to use the waiver valuation option must understand valuation principles, techniques, and use of appraisals to be able to determine whether the valuation of the proposed acquisition is uncomplicated and has a low fair market value.

(5) Conflict of interest: The appraiser, review appraiser, or waiver valuation preparer shall not have any interest, direct or indirect, in the real property being valued for the agency. Compensation for developing an appraisal or waiver valuation shall not be based on the reported opinion of value.

No person shall attempt to unduly influence or coerce an appraiser, review appraiser, or waiver valuation preparer regarding any valuation or other aspect of an appraisal, appraisal review, or waiver valuation. Persons functioning as negotiators may not supervise or formally evaluate the performance of any appraiser, review appraiser, or waiver valuation preparer performing valuation work.

An appraiser, review appraiser, or waiver valuation preparer may be authorized by the agency to act as a negotiator for acquisition of real property for which that person has performed a valuation, only if the offer to acquire the property is $15,000, or less. Agencies who wish to use this same authority at a higher dollar threshold must comply with 49 C.F.R. 24.102 (n)(3)(i), (ii), and (iii) and 49 C.F.R. 24.102 (n)(4).

(6) Delays in offering just compensation or other changes: An update to the valuation, or an entirely new valuation, may be needed if a significant delay has occurred since the time of the valuation or if new information or changes to the property are evident.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-103, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-103, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-104 Acquisition of tenant-owned improvements.

(1) Acquisition of improvements: When acquiring any interest in real property, the agency shall offer to acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property to be acquired, which the agency requires to be removed or which the agency determines will be adversely affected by the use to which such real property will be put. This shall include any improvement owned by a tenant-owner who has the right or obligation to remove the improvement at the expiration of the lease term.

(2) Improvements considered to be real property: Any building, structure, or other improvement, which would be considered to be real property if owned by the owner of the real property on which it is located, shall be considered to be real property for purposes of WAC 468-100-101 through 468-100-106.

(3) Valuation and establishment of just compensation for a tenant-owned improvement: Just compensation for a tenant-owned improvement is the amount which the improvement contributes to the fair market value of the whole property or its salvage value, whichever is greater. (Salvage value is defined in WAC 468-100-002(25).)

(4) Special conditions for tenant-owned improvements: No payment shall be made to a tenant-owner for any real property improvement unless:

(a) The tenant-owner, in consideration for the payment, assigns, transfers, and releases to the agency all of the tenant-owner's right, title, and interest in the improvement; and

(b) The owner of the real property on which the improvement is located disclaims all interest in the improvement; and

(5) Alternative compensation: Nothing in WAC 468-100-101 through 468-100-107 shall be construed to deprive the tenant-owner of any right to reject payment under WAC 468-100-101 through 468-100-107 and to obtain payment for such property interests in accordance with other applicable law.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-104, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-104, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-104, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-105 Certain litigation expenses.

The owner of the real property shall be reimbursed for any reasonable expenses, including reasonable attorney, appraisal, engineering fees, and expert witness fees, which the owner actually incurred because of a condemnation proceeding if:

(1) The final judgment of the court is that the agency cannot acquire the real property by condemnation; or

(2) The condemnation proceeding is abandoned by the agency other than under an agreed-upon settlement; or

(3) The court having jurisdiction renders a judgment in favor of the owner in an inverse condemnation proceeding or the agency effects a settlement of such proceeding; or

(4) Pursuant to RCW 8.25.020, 8.25.070, 8.25.075, and 8.26.210.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-105, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-105, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-106 Donations.

An owner whose real property is being acquired may, after being fully informed by the agency of the right to receive just compensation for such property, donate such property or any part thereof, any interest therein, or any compensation paid therefore, to the agency as such owner shall determine. The agency is responsible for ensuring that an appraisal of the real property is obtained unless the owner releases the agency from such obligation, except as provided in WAC 468-100-103.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-106, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-106, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-107 Expenses incidental to transfer of right, title, or interest to the acquiring agency.

(1) As soon as practicable after the date of payment of the purchase price or the date of deposit in court of the funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, the acquiring agency shall reimburse the owner, to the extent the acquiring agency deems fair and reasonable for expenses the owner necessarily incurred for:

(a) Recording fees, transfer taxes, evidence of title, boundary surveys, legal descriptions of the real property, and similar expenses incidental to conveying the real property to the agency. However, the agency is not required to pay costs solely required to perfect the owner's title to the real property;

(b) Penalty costs and other charges for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and

(c) The pro rata portion of any prepaid real property taxes which are allocable to the period after the agency obtains title to the property or effective possession of it, whichever is earlier.

(2) Whenever feasible, the agency shall pay these costs directly to the billing agent so that the owner will not have to pay such costs and then seek reimbursement from the agency.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-107, filed 5/11/26, effective 6/11/26.

Wash. Admin. Code § 468-100-201 Purpose.

WAC 468-100-201 through 468-100-209 prescribes general requirements governing the provision of relocation payments and other relocation assistance under the regulations in this chapter.

History

Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-201, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-201, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-202 Applicability.

(1) These requirements apply to the relocation of any permanently or temporarily displaced person as defined in WAC 468-100-002(8). Any person who qualifies as a permanently or temporarily displaced person must be fully informed of his or her rights and entitlements to relocation assistance and payments provided by the Uniform Act and this chapter.

(2) Persons required to move temporarily.

(a) Appropriate notices must be provided in accordance with WAC 468-100-203 and appropriate advisory services must be provided in accordance with WAC 468-100-205;

(b) For persons occupying a dwelling, at least one comparable dwelling is made available prior to requiring a person to move, except in the case of an emergency move, as described in WAC 468-100-204 (2)(a), (b), or (c);

(c) Similarly, if a person's business will be shut down due to a project which either requires the occupant to vacate the property or which denies physical access to the property, it may be temporarily relocated and/or reimbursed for all reasonable out-of-pocket expenses or must be determined to be permanently displaced at the agency's option;

(d) Payment is provided for all out-of-pocket expenses incurred in connection with the temporary relocation as the agency determines to be reasonable and necessary, associated with comparable replacement dwelling, and incidental to selecting a temporary comparable replacement dwelling. Such payments may include the reasonable and necessary costs of temporarily moving personal property from the real property and returning to the real property. Storage of the personal property may be allowed when approved by the displacing agency;

(e) A person's temporary move from their dwelling or business for the project may not exceed 12 months. The agency must contact any person who has temporarily moved from their dwelling or business when that temporary move has lasted for a period beyond 12 months because that person is considered permanently displaced as described in WAC 468-100-002 (8)(a). The agency shall offer such eligible persons all new and additional required relocation assistance benefits and services for permanently displaced persons. An agency may not deduct any temporary relocation assistance benefits previously provided when determining permanent relocation benefits eligibility; and

(f) A person who is not lawfully present in the United States and who has been determined to be ineligible for relocation assistance in accordance with WAC 468-100-208 is not eligible for temporary relocation assistance unless such denial of benefits would create an extremely unusual hardship to a designated family member in accordance with WAC 468-100-208(8).

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-202, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-202, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-202, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-203 Relocation notices.

Written notices shall be furnished as required by WAC 468-100-005.

(1) General information notice: As soon as feasible, a person who may be permanently or temporarily displaced shall be furnished with a general written description of the agency's relocation program which does at least the following:

(a) Informs the person that the person may be displaced (or, if appropriate, required to move temporarily) for the project and generally describes the relocation payment(s) for which the person may be eligible, the basic conditions of eligibility, and the procedures for obtaining the payment(s);

(b) Informs the permanently or temporarily displaced person that he or she will be given reasonable relocation advisory services, including referrals to replacement properties, help in filing payment claims, and other necessary assistance to help the person successfully relocate;

(c) Informs the permanently or temporarily displaced person that he or she will not be required to move without at least 90 days' advance written notice (see subsection (3) of this section), and informs any person to be displaced from a dwelling, either permanently or temporarily, that the person cannot be required to move unless at least one comparable replacement dwelling has been made available;

(d) Informs the permanently or temporarily displaced person that any person who is a noncitizen not lawfully present in the United States is ineligible for relocation advisory services and relocation payments under this part, unless such ineligibility would result in exceptional and extremely unusual hardship to a qualifying spouse, parent, or child, pursuant to WAC 468-100-208(8); and

(e) Describes the displaced person's right to appeal the agency's determination as to eligibility for, or the amount of, any relocation payment for which the person may be eligible.

(2) Notice of relocation eligibility:

(a) Eligibility for relocation assistance shall begin on the earliest of: The date of a notice of intent to acquire, rehabilitate, and/or demolish (defined in subsection (4) of this section); or, the initiation of negotiations (defined in WAC 468-100-002(14)); or, the date that an agreement for voluntary acquisition becomes binding (defined in WAC 468-100-002(36)); or actual acquisition. When this occurs, the agency shall promptly notify all occupants in writing of their eligibility for applicable relocation assistance in accordance with WAC 468-100-005.

(b) An occupant may be provided a notice of noneligibility if the agency determines the person will not be displaced. Such notice may be issued only if the person has not moved and the agency agrees to reimburse the person for any expenses incurred to satisfy any binding contractual relocation obligations entered into after the effective date of the notice of relocation eligibility.

(3) Ninety-day notice:

(a) General: No lawful occupant shall be required to move unless the occupant has received at least 90-days advance written notice of the earliest date by which he or she may be required to move.

(b) Timing of notice: The agency must issue the notice at least 90 days before it expects the person to be displaced unless an urgent need exists (as provided in (d) of this subsection).

(c) Content of notice: The 90-day notice shall either state a specific date as the earliest date by which the occupant may be required to move, or state that the occupant will receive a further notice indicating, at least 30 days in advance, the specific date by which the occupant must move. If the 90-day notice is issued before a comparable replacement dwelling is made available, the notice must state clearly that the occupant will not have to move earlier than 90 days after such a dwelling is made available. (See WAC 468-100-204(1).)

(d) Urgent need: In unusual circumstances, an occupant may be required to vacate the property on less than 90-days advance written notice if the agency determines that a 90-day notice is impracticable, such as when the person's continued occupancy of the property would constitute a substantial danger to health or safety. A record of the agency's determination shall be included in the applicable case file and in the notice to the person being displaced.

(4) Notice of intent to acquire, rehabilitate, and/or demolish: A notice of intent to acquire, rehabilitate, and/or demolish is an agency's written communication that is provided to a person to be permanently or temporarily displaced, which clearly sets forth that the agency intends to acquire, rehabilitate, and/or demolish the property. A notice of intent to acquire, rehabilitate, and/or demolish establishes eligibility for relocation assistance prior to the initiation of negotiations and/or prior to the commitment of federal financial assistance to the activity.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-203, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-203, filed 1/3/06, effective 2/3/06. Statutory Authority: Chapter 8.26 RCW and WSR 89-17-048 (Order 121). WSR 01-02-027, § 468-100-203, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-203, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-204 Availability of comparable replacement dwelling before displacement.

(1) General: No person to be permanently displaced shall be required to move from the person's dwelling unless at least one comparable replacement dwelling (defined in WAC 468-100-002(5)) has been made available to the person. Information on comparable replacement dwellings that were used in the determination process must be provided to permanently displaced persons. When possible, three or more comparable replacement dwellings shall be made available. A comparable replacement dwelling will be considered to have been made available to a person, if:

(a) The person is informed in writing of its location; and

(b) The person has sufficient time to negotiate and enter into a purchase or lease agreement for the property; and

(c) Subject to reasonable safeguards, the person is assured of receiving the relocation assistance and acquisition payment to which the person is entitled in sufficient time to complete the purchase or lease of the property.

(2) Circumstances permitting waiver: The funding agency may grant a waiver of the policy in subsection (1) of this section in any case where it is demonstrated that a person must move because of:

(a) A major disaster as defined in Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5122); or

(b) A presidentially declared national emergency; or

(c) Another emergency which requires immediate vacation of the real property, such as when continued occupancy of the displacement dwelling constitutes a substantial danger to the health or safety of the occupants or the public.

(3) Basic conditions of emergency move: Whenever a person to be displaced is required to move from the displacement dwelling for a temporary period because of an emergency as described in subsection (2) of this section, the agency shall:

(a) Take whatever steps are necessary to assure that the person who is required to move from their dwelling is relocated to a decent, safe and sanitary dwelling;

(b) Pay the actual reasonable out-of-pocket moving expenses and any reasonable increase in rent and utility costs incurred in connection with the emergency move; and

(c) Make available to the displaced person as soon as feasible, at least one comparable replacement dwelling. (For purposes of filing a claim and meeting the eligibility requirements for a relocation payment, the date of displacement is the date the person moves from their dwelling due to the emergency.)

(d) Inform the person of the right to appeal the action according to WAC 468-100-010.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-204, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-204, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-204, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-205 Relocation planning, advisory services, and coordination.

(1) Relocation planning: During the early stages of development, programs or projects shall be planned in such a manner that the problems associated with the displacement of individuals, families, businesses, farms, and nonprofit organizations are recognized and solutions are developed to minimize the adverse impacts of displacement. Such planning, where appropriate, shall precede any action by an agency that will cause displacement, and should be scoped to the complexity and nature of the anticipated displacing activity including an evaluation of program resources available to carry out timely and orderly relocations. Planning may involve a relocation survey or study, which may include the following:

(a) An estimate of the number of households to be displaced including information such as owner/tenant status, estimated value and rental rates of properties to be acquired, family characteristics, and special consideration of the impacts on minorities, the elderly, large families, and persons with disabilities when applicable.

(b) An estimate of the number of comparable replacement dwellings in the area (including price ranges and rental rates) that are expected to be available to fulfill the needs of those households permanently or temporarily displaced. When an adequate supply of comparable housing is not expected to be available, the agency should consider housing of last resort actions.

(c) An estimate of the number, type, and size of the businesses, farms, and nonprofit organizations to be displaced and the approximate number of employees that may be affected.

(d) An estimate of the availability of replacement business sites. When an adequate supply of replacement business sites is not expected to be available, the impacts of displacing or temporarily moving the businesses should be considered and addressed. Planning for permanently or temporarily displaced businesses which are reasonably expected to involve complex or lengthy moving processes or small businesses with limited financial resources and/or few alternative relocation sites should include an analysis of business moving problems.

(e) Consideration of any special relocation advisory services that may be necessary from the displacing agency and other cooperating agencies.

(2) Relocation assistance advisory services:

(a) General: The agency shall carry out a relocation assistance advisory program which satisfies the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq., as amended), and Executive Order 11063 (3 C.F.R., 1959-1963 Comp., p. 652), and offers the services described in (6) of this subsection. If the agency determines that a person occupying property adjacent to the real property acquired for the project is caused substantial economic injury because of such acquisition, it may offer advisory services to such person.

(b) Services to be provided: The advisory program shall include such measures, facilities, and services as may be necessary or appropriate in order to:

(i) Determine, for nonresidential (businesses, farm, and nonprofit organizations) displacements, the relocation needs and preferences of each business (farm and nonprofit organization) to be permanently or temporarily displaced and explain the relocation payments and other assistance for which the business may be eligible, the related eligibility requirements, and the procedures for obtaining such assistance. This shall include a personal interview with each business. At a minimum, interviews with the displaced business owners and operators should include the following items:

(A) The business's replacement site requirements, current lease terms and other contractual obligations and the financial capacity of the business to accomplish the move.

(B) Determination of the need for outside specialists in accordance with WAC 468-100-301 (7)(m) that will be required to assist in planning the move, assistance in the actual move, and in the reinstallation of machinery and/or other personal property.

(C) For businesses, an identification and resolution of personalty/realty issues. Every effort must be made to identify and resolve personalty/realty issues prior to, or at the time of, the appraisal of the property.

(D) An estimate of the time required for the business to vacate the site.

(E) An estimate of the anticipated difficulty in locating a replacement property.

(F) An identification of any advance relocation payments required for the move, and the agency's legal capacity to provide them.

(ii) Determine, for residential displacements, the relocation needs and preferences of each person to be permanently or temporarily displaced and explain the relocation payments and other assistance for which the person may be eligible, the related eligibility requirements, and the procedures for obtaining such assistance. This shall include a personal interview with each residential permanently or temporarily displaced person.

(A) Provide current and continuing information on the availability, purchase prices, and rental costs of comparable replacement dwellings, and explain that the person cannot be required to move unless at least one comparable replacement dwelling is made available as set forth in WAC 468-100-204(1).

(B) As soon as feasible, the agency shall inform the person in writing of the specific comparable replacement dwelling and the price or rent used for establishing the upper limit of the replacement housing payment (see WAC 468-100-403 (1) and (2)) and the basis for the determination, so that the person is aware of the maximum replacement housing payment for which the person may qualify.

(C) Where feasible, comparable housing shall be inspected prior to being made available to assure that it meets applicable standards. (See WAC 468-100-002(7).) If such an inspection is not made, the agency shall notify the person to be displaced in writing of the reason that an inspection of the comparable was not made and, that if the comparable is purchased or rented by the displaced person, a replacement housing payment may not be made unless the replacement dwelling is subsequently inspected and determined to be DSS.

(D) Whenever possible, permanently or temporarily displaced minority persons shall be given reasonable opportunities to relocate to DSS replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require an agency to provide a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling.

(E) The agency shall offer all persons, transportation to inspect housing to which they are referred.

(F) Any displaced person that may be eligible for government housing assistance at the replacement dwelling shall be advised of any requirements of such government housing assistance program that would limit the size of the replacement dwelling (see WAC 468-100-002 (5)(i)) as well as of the long-term nature of such rent subsidy, and the limited (42-month) duration of the relocation rental assistance payment.

(iii) Provide, for nonresidential moves, current and continuing information on the availability, purchase prices, and rental costs of suitable commercial and farm properties and locations. Assist any person displaced from a business or farm operation to obtain and become established in a suitable replacement location.

(iv) Minimize hardships to persons in adjusting to relocation by providing counseling, advice as to other sources of assistance that may be available, and such other help as may be appropriate.

(v) Supply persons to be displaced with appropriate information concerning federal and state housing programs, disaster loans and other programs administered by the Small Business Administration, and other federal, state, and local programs offering assistance to persons to be displaced and technical help applying for such assistance.

(3) Subsequent occupants: Any person who occupies property acquired by an agency, when such occupancy began subsequent to the acquisition of the property, and the occupancy is permitted by a short-term rental agreement or an agreement subject to termination when the property is needed for a program or project, shall be eligible for advisory services, as determined by the agency.

(4) Coordination of relocation activities: Relocation activities shall be coordinated with project work and other displacement-causing activities to ensure that, to the extent feasible, persons displaced receive consistent treatment and the duplication of functions is minimized.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-205, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-205, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-205, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-206 Eviction for cause.

(1) Eviction for cause must conform to applicable federal, state, and local law. Any person who lawfully occupies the real property on the date of the initiation of negotiations, is presumed to be entitled to relocation payments and other assistance set forth in this part unless the agency determines that:

(a) The person received an eviction notice prior to the initiation of negotiations and, as a result of that notice, is later evicted; or

(b) The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease or occupancy agreement; and

(c) In either case the eviction was not undertaken for the purpose of evading the obligation to make available the payments and other assistance set forth in this part.

(2) For purposes of determining eligibility for relocation payments for persons evicted for cause, the date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available. This section applies only to persons who would otherwise have been displaced by the project.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-206, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-206, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-206, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-207 General requirements—Claims for relocation payments.

(1) Documentation: Any claim for a relocation payment shall be supported by such documentation as may be reasonably required to support expenses incurred, such as bills, certified prices, appraisals, or other evidence of such expenses. A permanently or temporarily displaced person must be provided reasonable assistance necessary to complete and file any required claim for payment.

(2) Expeditious payments: The agency shall review claims in an expeditious manner. The claimant shall be promptly notified as to any additional documentation that is required to support the claim. Payment for a claim shall be made as soon as feasible following receipt of sufficient documentation to support the claim.

(3) Advanced payments: If a person demonstrates the need for an advanced relocation payment in order to avoid or reduce a hardship, the agency shall issue the payment, subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished.

(4) Time for filing:

(a) All claims for a relocation payment shall be filed with the agency no later than 18 months after:

(i) For tenants, the date of displacement or temporary move;

(ii) For owners, the date of displacement, temporary move, or the date of the final payment for the acquisition of the real property, whichever is later.

(b) The agency shall waive this time period for good cause.

(5) Notice of denial of claim: If the agency disapproves all or part of a payment claimed or refuses to consider the claim on its merits because of untimely filing or other grounds, it shall promptly notify the claimant in writing of its determination, the basis for its determination, and the procedures for appealing that determination.

(6) No waiver of relocation assistance: An agency shall not propose or request that a person waive his or her rights or entitlements to relocation assistance and benefits provided by the Uniform Act and this chapter.

(7) Expenditure of payments: Payments, provided pursuant to this part, shall not be considered to constitute federal financial assistance. Accordingly, this part does not apply to the expenditure of such payments by, or for, a displaced person.

(8) Deductions from relocation payments. An agency shall deduct the amount of any advance relocation payment from the relocation payment(s) to which a person is otherwise entitled. The agency shall not withhold any part of a relocation payment to a person to satisfy any other obligation.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-207, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-207, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-207, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-208 Noncitizens not lawfully present in the United States.

(1) Each person seeking relocation payments or relocation advisory assistance shall, as a condition of eligibility, certify:

(a) In the case of an individual, that he or she is either a citizen or national of the United States, or a noncitizen who is lawfully present in the United States.

(b) In the case of a family, that each family member is either a citizen or national of the United States, or a noncitizen who is lawfully present in the United States. The certification may be made by the head of the household on behalf of other family members.

(c) In the case of an unincorporated business, farm, or nonprofit organization, that each owner is either a citizen or national of the United States, or a noncitizen who is lawfully present in the United States. The certification may be made by the principal owner, manager, or operating officer on behalf of other persons with an ownership interest.

(d) In the case of an incorporated business, farm, or nonprofit organization, that the corporation is authorized to conduct business within the United States.

(2) The certification provided pursuant to subsection (1)(a) through (c) of this section shall specify the person's status as a citizen or national of the United States, or a noncitizen who is lawfully present in the United States. Requirements concerning the certification in addition to those contained in this rule shall be within the discretion of the funding agency and, within those parameters, that of the displacing agency.

(3) In computing relocation payments under the Uniform Act, if any member(s) of a household or owner(s) of an unincorporated business, farm, or nonprofit organization is (are) determined to be ineligible because of a failure to be lawfully present in the United States, no relocation payments may be made to him or her. Any payment(s) for which such household, unincorporated business, farm, or nonprofit organization would otherwise be eligible shall be computed for the household, based on the number of eligible household members and for the unincorporated business, farm, or nonprofit organization, based on the ratio of ownership between eligible and ineligible owners.

(4) The agency shall consider the certification provided pursuant to subsection (1) of this section to be valid, unless the agency determines in accordance with subsection (6) of this section that it is invalid based on a review of documentation or other information that the agency considers reliable and appropriate.

(5) Any review by the agency of the certifications provided pursuant to subsection (1) of this section shall be conducted in a nondiscriminatory fashion. Each agency will apply the same standard of review to all such certifications it receives, except that such standard may be revised periodically.

(6) If, based on a review of a person's documentation or other credible evidence, an agency has reason to believe that a person's certification is invalid (for example a document reviewed does not on its face reasonably appear to be genuine), and that, as a result, such person may be a noncitizen not lawfully present in the United States, it shall obtain the following information before making a final determination:

(a) For a person who has certified that they are a noncitizen lawfully present in the United States, the agency shall obtain verification of the person's status by using the Systematic Alien Verification for Entitlements (SAVE) program administered by USCIS to verify immigration status.

(b) For a person who has certified that he or she is a citizen or national, if the displacing agency has reason to believe that the certification is invalid, the agency shall request evidence of United States citizenship or nationality and, if considered necessary, verify the accuracy of such evidence with the issuer or other appropriate source.

(7) No relocation payments or relocation advisory assistance shall be provided to a person who has not provided the certification described in this section or who has been determined to be not lawfully present in the United States, unless such person can demonstrate to the agency's satisfaction that the denial of relocation assistance will result in an exceptional and extremely unusual hardship to such person's spouse, parent, or child who is a citizen of the United States, or a noncitizen lawfully admitted for permanent residence in the United States.

(8) For purposes of subsection (7) of this section, "exceptional and extremely unusual hardship" to such spouse, parent, or child of the person not lawfully present in the United States means that the denial of relocation payments and advisory assistance to such person will directly result in:

(a) A significant and demonstrable adverse impact on the health or safety of such spouse, parent, or child;

(b) A significant and demonstrable adverse impact on the continued existence of the family unit of which such spouse, parent, or child is a member; or

(c) Any other impact that the agency determines will have a significant and demonstrable adverse impact on such spouse, parent, or child.

(9) The certification referred to in subsection (1) of this section may be included as part of the claim for relocation payments described in WAC 468-100-207.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-208, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-208, filed 1/3/06, effective 2/3/06. Statutory Authority: Chapter 8.26 RCW and WSR 89-17-048 (Order 121). WSR 01-02-027, § 468-100-208, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-208, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-209 Relocation payments not considered as income.

No relocation payment received by a permanently or temporarily displaced person under this chapter may be considered as income for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of any income tax or any tax imposed under Title 82 RCW, and the payments shall not be deducted from any amount to which any recipient would otherwise be entitled under Title 74 RCW.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-209, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-209, filed 1/3/06, effective 2/3/06. Statutory Authority: Chapter 8.26 RCW and WSR 89-17-048 (Order 121). WSR 01-02-027, § 468-100-209, filed 12/22/00, effective 1/22/01.

Wash. Admin. Code § 468-100-301 Payment for actual reasonable moving and related expenses.

(1) General.

(a) Any owner-occupant or tenant who qualifies as a displaced person (defined in WAC 468-100-002(8)) and who moves from a dwelling (including a mobile home) or who moves from a business, farm or nonprofit organization is entitled to payment of his or her actual moving and related expenses, as the agency determines to be reasonable and necessary.

(b) A nonoccupant owner of a rented mobile home is eligible for actual cost reimbursement under this section to relocate the mobile home. If the mobile home is not acquired as real estate, but the homeowner-occupant obtains a replacement housing payment under one of the circumstances described in WAC 468-100-502 (1)(c), the homeowner-occupant is not eligible for payment for moving the mobile home, but may be eligible for a payment for moving personal property from the mobile home.

(2) Moves from a dwelling. A displaced person's actual, reasonable and necessary moving expenses for moving personal property from a dwelling may be determined based on the cost of one, or a combination of the following methods in (a) and (b) of this subsection (eligible expenses for moves from a dwelling include the expenses described in subsection (7)(a) through (h) of this section):

(a) Commercial move - Moves performed by a professional mover.

(b) Self-move - Moves that may be performed by the displaced person in one or a combination of the following methods:

(i) Fixed residential moving cost schedule. The fixed residential moving cost schedule described in WAC 468-100-302.

(ii) Actual cost move. Supported by receipted bills for labor and equipment. Hourly labor rates should not exceed the cost paid by a commercial mover for moving staff necessary for moving the residential personal property. Costs for moving personal property that requires special handling should not exceed the hourly market rate for a commercial specialist. Equipment rental fees should be based on the actual cost of renting the equipment but not exceed the cost paid by a commercial mover.

(iii) A moving cost estimate. Prepared by a qualified agency staff person, as developed from the agency's thorough review of the personal property to be moved and documented estimated costs for materials, equipment, and labor. Hourly labor rates should not exceed the cost paid by a commercial mover for moving staff. Costs for moving residential personal property that requires special handling should not exceed the hourly rate for a commercial specialist. Equipment rental fees should be based on the actual cost of renting the equipment but not exceed the cost paid by a commercial mover. The cost of materials should equal those readily available locally.

(iv) Commercial mover estimate. Based on the lower of two bids from commercial movers. Agencies may establish policies and procedures which calculate and subtract an estimated amount of overhead and profit from the moving cost bids to establish a reimbursement eligibility.

(3) Moves from a mobile home. Eligible expenses for moves from a mobile home include those expenses described in subsection (7)(a) through (h) of this section. In addition to the items in subsection (1) of this section, the owner-occupant of a mobile home that is moved as personal property and used as the person's replacement dwelling, is also eligible for the moving expenses described in subsection (7)(i) through (k) of this section. However, if the mobile home is not acquired but the owner obtains a replacement housing payment under one of the circumstances described in WAC 468-100-502, the owner is not eligible for payment for moving the mobile home. A displaced person's actual, reasonable and necessary moving expenses for moving personal property from a mobile home may be determined based on the cost of one, or a combination, of the following methods:

(a) Commercial move - Moves performed by a professional mover.

(b) Self-move - Moves that may be performed by the displaced person in one or a combination of the following methods:

(i) Fixed residential moving cost schedule. The fixed residential moving cost schedule described in WAC 468-100-302.

(iii) A moving cost estimate. Prepared by a qualified agency staff person, as developed from the agency's thorough review of the personal property to be moved and documented estimated costs for materials, equipment, and labor. Hourly labor rates should not exceed the cost paid by a commercial mover for moving staff. Costs for moving residential personal property that requires special handling should not exceed the hourly rate for a commercial specialist. Equipment rental fees should be based on the actual cost of renting the equipment, but not exceed the cost paid by a commercial mover. The cost of materials should equal those readily available locally.

(4) Moves from a business, farm, or nonprofit organization. Eligible expenses for moves from a business, farm, or nonprofit organization include those expenses described in subsection (7)(a) through (h) and (l) through (s) of this section and WAC 468-100-303. Personal property as determined by an inventory from a business, farm or nonprofit organization may be moved by one or a combination of the following methods:

(a) Commercial move. Based on the lower of two bids or estimates prepared by commercial movers. At the agency's discretion, payment for a low-cost or uncomplicated move may be based on a single bid or estimate.

(b) Self-move. A self-move payment may be based on one or a combination of the following:

(i) The lower of two bids or estimates prepared by commercial movers or a qualified agency staff person. At the agency's discretion, payment for a low-cost or uncomplicated move may be based on a single bid or estimate; or

(ii) Supported by receipted bills for labor and equipment. Hourly labor rates should not exceed the rates paid by a commercial mover to employees performing the same activity and equipment rental fees should be based on the actual rental cost of the equipment but not to exceed the cost paid by a commercial mover.

(iii) A qualified agency staff person may develop a move cost finding by estimating and determining the cost of a small uncomplicated nonresidential personal property move of $5,000 or less, with the written consent of the displaced person. This estimate may include only the cost of moving personal property which does not require disconnect and reconnect and/or specialty moving services necessary for activities including crating, lifting, transportation, and setting of the item in place.

(5) Personal property only. Eligible expenses for a person who is required to move personal property from real property but is not required to move from a dwelling (including a mobile home), business, farm or nonprofit organization include those expenses described in subsection (7)(a) through (h) and (s) of this section.

(6) Advertising signs. The amount of a payment for direct loss of an advertising sign, which is personal property, shall be the lesser of:

(a) The depreciated reproduction cost of the sign, as determined by the agency, less the proceeds from its sale; or

(b) The estimated cost of moving the sign, but with no allowance for storage.

(7) Eligible actual moving expenses.

(a) Transportation of the displaced person and personal property. Transportation costs for a distance beyond 50 miles are not eligible, unless the agency determines that relocation beyond 50 miles is justified.

(b) Packing, crating, unpacking, and uncrating of the personal property.

(c) Disconnecting, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property. For businesses, farms or nonprofit organizations this includes machinery, equipment, substitute personal property, and connections to utilities available within the building; it also includes modifications to the personal property, including those mandated by federal, state or local law, code or ordinance, necessary to adapt it to the replacement structure, the replacement site (expenses for modifying the real property are excluded), or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property (expenses for providing utilities from the right of way to the building or improvement are excluded).

(d) An agency may determine that the storage of personal property is a reasonable and necessary moving expense for a permanently or temporarily displaced person required to move under this part. Agencies may approve a payment for storage when the process of relocating from the acquired site to the replacement site is delayed for reasons beyond the control of the displaced person. Storage may not be longer than 12 months, starting at the date of vacation from the acquired site and ending when the replacement site becomes available. Agencies may approve storage for more than 12 months in unusual instances if justified, documented, and approved by the agency.

(e) Insurance for the replacement value of the property in connection with the move and necessary storage.

(f) The replacement value of property lost, stolen, or damaged in the process of moving (not through the fault or negligence of the displaced person, his or her agent, or employee) where insurance covering such loss, theft, or damage is not reasonably available.

(g) A displaced tenant is entitled to reasonable reimbursement, as determined by the agency, for actual expenses not to exceed $1,000, incurred for rental replacement dwelling application fees or credit reports required to lease a replacement dwelling.

(h) Other moving-related expenses that are not listed as ineligible under subsection (8) of this section as the agency determines to be reasonable and necessary.

(i) The reasonable cost of disassembling, moving, and reassembling any appurtenances attached to a mobile home, such as porches, decks, skirting, and awnings, which were not acquired, anchoring of the unit, and utility "hookup" charges.

(j) The reasonable cost of repairs and/or modifications so that a mobile home can be moved and/or made decent, safe, and sanitary.

(k) The cost of a nonrefundable mobile home park entrance fee, to the extent it does not exceed the fee at a comparable mobile home park, if the person is permanently or temporarily displaced from a mobile home park or the agency determines that payment of the fee is necessary to effect relocation.

(l) Any actual, reasonable, or necessary costs of a license, permit, fee or certification required of the displaced person to operate a business, farm, or nonprofit at the replacement location (expenses for construction or remodel permits are excluded). However, the payment may be based on the remaining useful life of the existing license, permit, fees or certification.

(m) Professional services as the agency determines to be actual, reasonable and necessary for:

(i) Planning the move of the personal property;

(ii) Moving the personal property; and

(iii) Installing the relocated personal property at the replacement location.

(n) Relettering signs, replacing stationery on hand at the time of displacement or temporary move, and making reasonable and necessary updates to other media that are made obsolete as a result of the move.

(o) Actual direct loss of tangible personal property incurred as a result of moving or discontinuing the business or farm operation. The payment shall consist of:

(i) If the item is currently in use, the lesser of:

(A) The estimated cost to move the item up to 50 miles and reinstall; or

(B) The fair market value in place of the item, as is for continued use, less the proceeds from its sale. To be eligible for payment, the claimant must make a good faith effort to sell the personal property, unless the agency determines that such effort is not necessary.

(ii) If the item is not currently in use: The estimated cost of moving the item 50 miles, as is.

(iii) When payment for property loss is claimed for goods held for sale, the fair market value shall be based on the cost of the goods to the business, not the potential selling prices.

(p) The reasonable cost incurred in attempting to sell an item that is not to be relocated.

(q) If an item of personal property, which is used as part of a business or farm operation, is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, the displaced person is entitled to payment of the lesser of:

(i) The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade-in of the replaced item; or

(ii) The estimated cost of moving and reinstalling the replaced item but with no allowance for storage. At the agency's discretion, the estimated cost for a low-cost or uncomplicated move may be based on a single bid or estimate.

(r) Searching for a replacement location.

(i) A business or farm operation is entitled to reimbursement for actual expenses, not to exceed $5,000, as the agency determines to be reasonable, which are incurred searching for a replacement location, including:

(A) Transportation;

(B) Meals and lodging away from home;

(D) Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase or lease of such sites;

(E) Time spent obtaining permits to operate the business and attending zoning hearings; and

(F) Expenses negotiating the purchase or lease of a replacement site based on a reasonable salary or fee, including actual, reasonable, and necessary attorney's fees.

(ii) The funding agency may, on a program wide or project basis, allow a one-time payment of $1,000 for search expenses with minimal or no documentation as an alternative payment method under this section.

(s) When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the agency, the allowable moving cost payment shall not exceed the lesser of: The amount which would be received if the property were sold at the site; or the replacement cost of a comparable quantity delivered to the new business location. Examples of personal property covered by this provision include, but are not limited to, stockpiled sand, gravel, minerals, metals and other similar items of personal property as determined by the agency.

(8) Ineligible moving and related expenses. The following is a nonexclusive listing of payments a displaced person is not entitled to:

(a) The cost of moving any structure or other real property improvement in which the displaced person reserved ownership (however, this part does not preclude the computation under WAC 468-100-401 (3)(b)(iii));

(b) Interest on a loan to cover moving expenses;

(d) Loss of profits;

(e) Loss of trained employees;

(f) Any additional operating expenses of a business or farm operation incurred because of operating in a new location except as provided in WAC 468-100-306 (4)(f);

(g) Personal injury;

(h) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the agency. A person has a right to be represented by legal counsel or other representation in connection with his or her appeal, but solely at the person's own expense;

(i) Expenses for searching for a temporary or permanent replacement dwelling which include costs for mileage, meals, lodging, time, and professional real estate broker or attorney's fees;

(j) Physical changes to the real property at the temporary or replacement location except as provided in WAC 468-100-306(4);

(k) Costs for storage of personal property on real property already owned or leased by the permanently or temporarily displaced person;

(l) Refundable security and utility deposits; and

(m) Cosmetic changes to a replacement or temporary dwelling, which are not required by state or local law, such as painting, draperies, or replacement carpet or flooring.

(9) Notification and inspection. The agency shall inform the permanently or temporarily displaced person, in writing, of the requirements of this section as soon as possible after the initiation of negotiations. This information may be included in the relocation information provided to the displaced person as set forth in WAC 468-100-203. To be eligible for payments under this section, the displaced person must:

(a) Provide the agency reasonable advance notice of the approximate date of the start of the move or disposition of the personal property and an inventory of the items to be moved. However, the agency may waive this notice requirement after documenting its file accordingly.

(b) Permit the agency to make reasonable and timely inspections of the personal property at both the displacement and replacement sites and to monitor the move.

(10) Transfer of ownership. Upon request and in accordance with applicable law, the claimant shall transfer to the agency ownership of any personal property that has not been moved, sold, or traded-in.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-301, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-301, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-301, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-302 Fixed payment for moving expenses—Residential moves.

Any person displaced from a dwelling or a seasonal residence or a dormitory style room is entitled to receive a fixed moving cost payment as an alternative to a payment for actual moving and related expenses under WAC 468-100-301. This payment shall be determined according to the fixed residential moving cost schedule approved by the FHWA and published in the Federal Register on a periodic basis. The payment to a person with minimal personal possessions who is in occupancy of a dormitory style room or a person whose residential move is performed by an agency at no cost to the person shall be limited to the amount stated in the most recent edition of the fixed residential moving cost schedule. In addition, an agency may approve storage for a displaced person's personal property for a period of up to 12 months as actual, reasonable, and necessary moving expense under WAC 468-100-301 (7)(d).

(1) An agency may determine that the storage of personal property is a reasonable and necessary moving expense for a displaced person under this part. The determination shall be based on the needs of the displaced person; the nature of the move; the plans for permanent relocation; the amount of time available for the relocation process; and, whether storage will facilitate relocation. If the agency determines that storage is reasonable and necessary in conjunction with a fixed cost moving payment made under this section, the agency shall pay the actual, reasonable, and necessary storage expenses in accordance with WAC 468-100-301 (7)(d). However, regardless of whether storage is approved, the fixed residential move cost schedule provides a one-time payment for one move from the displacement dwelling to the replacement dwelling, or storage facility. Consequently, displaced persons must be fully informed that reimbursement of costs to move the personal property to storage and the cost of approved storage, if applicable, represent a full reimbursement of their eligibility for moving costs under this part.

(2) The fixed residential moving cost schedule is available on the FHWA website at the following URL: www.fhwa.dot.gov/real_estate/uniform_act/relocation/moving_cost_schedule.cfm.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-302, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-302, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-302, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-303 Related nonresidential eligible expenses.

The following expenses, in addition to those provided by WAC 468-100-301 for moving personal property, shall be provided if the agency determines that they are actual, reasonable, and necessary:

(1) Connection to available utilities from the replacement site's property line to improvements at the replacement site.

(2) Professional services performed prior to the purchase or lease of a replacement site to determine its suitability for the displaced person's business operation including, but not limited to, soil testing, or feasibility and marketing studies (excluding any fees or commissions directly related to the purchase or lease of such site). At the discretion of the agency a reasonable preapproved hourly rate may be established.

(3) Impact fees and one-time assessments for anticipated heavy utility usage, as determined necessary by the agency.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-303, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-303, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-303, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-304 Fixed payment for moving expenses—Nonresidential moves.

(1) Business. A displaced business may be eligible to choose a fixed payment in lieu of the payments for actual moving and related expenses, as well as actual reasonable reestablishment expenses provided by WAC 468-100-301, 468-100-303, and 468-100-306. Such fixed payment, except for payment to a nonprofit organization, shall equal the average annual net earnings of the business, as computed in accordance with subsection (5) of this section, but not less than $1,000 nor more than the dollar amount allowed under WAC 468-100-306(1). The displaced business is eligible for the payment if the agency determines that:

(a) The business owns or rents personal property which must be moved in connection with such displacement and for which an expense would be incurred in such move; and, the business vacates or relocates from its displacement site;

(b) The business cannot be relocated without a substantial loss of its existing patronage (clientele or net earnings). A business is assumed to meet this test unless the agency determines that it will not suffer a substantial loss of its existing patronage;

(c) The business is not part of a commercial enterprise having more than three other entities which are not being acquired by the agency, and which are under the same ownership and engaged in the same or similar business activities;

(d) The business is not operated at a displacement dwelling solely for the purpose of renting such dwelling to others;

(e) The business is not operated at the displacement site solely for the purpose of renting the site to others; and

(f) The business contributed materially (defined in WAC 468-100-002(6)) to the income of the displaced person during the two taxable years prior to displacement.

(2) Determining the number of businesses. In determining whether two or more displaced legal entities constitute a single business which is entitled to only one fixed payment, all pertinent factors shall be considered, including the extent to which:

(a) The same premises and equipment are shared;

(b) Substantially identical or interrelated business functions are carried out and business and financial affairs are commingled;

(d) The same person or closely related persons own, control, or manage the affairs of the entities.

(3) Farm operation. A displaced farm operation (defined in WAC 468-100-002(11)), may choose a fixed payment, in lieu of the payments for both actual moving as well as related expenses and actual reasonable reestablishment expenses, in an amount equal to its average annual net earnings as computed in accordance with subsection (5) of this section, but not less than $1,000 nor more than the dollar amount allowed under WAC 468-100-306(1). In the case of a partial acquisition of land, which was a farm operation before the acquisition, the fixed payment shall be made only if the agency determines that:

(a) The acquisition of part of the land caused the operator to be displaced from the farm operation on the remaining land; or

(b) The partial acquisition caused a substantial change in the nature of the farm operation.

(4) Nonprofit organization. A displaced nonprofit organization may choose a fixed payment of $1,000 to the dollar amount allowed under WAC 468-100-306(1) in lieu of the payments for both actual moving as well as related expenses and actual reasonable reestablishment expenses, if the agency determines that it cannot be relocated without a substantial loss of existing patronage (membership or clientele). A nonprofit organization is assumed to meet this test, unless the agency demonstrates otherwise. Any payment in excess of $1,000 must be supported with financial statements for the two 12-month periods prior to the acquisition. The amount to be used for the payment is the average of two years annual gross revenues less administrative expenses.

(5) Average annual net earnings of a business or farm operation. The average annual net earnings of a business or farm operation are one-half of its net earnings before federal, state, and local income taxes during the two taxable years immediately prior to the taxable year in which it was displaced. If the business or farm was not in operation for the full two taxable years prior to displacement, net earnings shall be based on the actual period of operation at the displacement site during the two taxable years prior to displacement, projected to an annual rate. Average annual net earnings may be based upon a different period of time when the agency determines it to be more equitable. Net earnings include any compensation obtained from the business or farm operation by its owner, the owner's spouse, and dependents. The displaced person shall furnish the agency proof of net earnings through income tax returns, certified financial statements, or other reasonable evidence, which the agency determines is satisfactory.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-304, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-304, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-304, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-305 Discretionary utility relocation payments.

(1) Whenever a program or project undertaken by an agency, other than Washington state department of transportation, causes the relocation of a utility facility (WAC 468-100-002(34)) and the relocation of the facility creates extraordinary expenses for its owner, the agency may, at its option, make a relocation payment to the owner for all or part of such expenses, if the following criteria are met:

(a) The utility facility legally occupies state or local government property, or property over which the state or local government has an easement or right of way;

(b) The utility facility's right of occupancy thereon is pursuant to state law or local ordinance specifically authorizing such use, or where such use and occupancy has been granted through a franchise, use and occupancy permit, or other similar agreement;

(c) Relocation of the utility facility is required by and is incidental to the primary purpose of the project or program undertaken by the agency;

(d) State or local government reimbursement for utility moving costs or payment of such costs by the agency is in accordance with state law.

(2) For the purposes of this section, the term extraordinary expenses means those expenses which, in the opinion of the agency, are not routine or predictable expenses relating to the utility's occupancy of rights of way, and are not ordinarily budgeted as operating expenses, unless the owner of the utility facility has explicitly and knowingly agreed to bear such expenses as a condition for use of the property, or has voluntarily agreed to be responsible for such expenses.

(3) A relocation payment to a utility facility owner for moving costs under this section may not exceed the cost to functionally restore the service disrupted by the program or project, less any increase in value of the new facility and salvage value of the old facility. The agency and the utility facility owner shall reach prior agreement on the nature of the utility relocation work to be accomplished, the eligibility of the work for reimbursement, the responsibilities for financing and accomplishing the work, and the method of accumulating costs and making payment.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-305, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-305, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-305, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-306 Reestablishment expenses—Nonresidential moves.

In addition to the payments available under WAC 468-100-301 and 468-100-303, a small business, as defined in WAC 468-100-002(26), farm, or nonprofit organization is entitled to receive a payment for expenses actually incurred in relocating and reestablishing such small business, farm, or nonprofit organization at a replacement site.

(1) The payment is not to exceed, except as provided in (2) of this subsection:

(a) $200,000; or

(b) The amount established by the lead agency as adjusted in subsection (3) of this section, whichever is greater.

(2) Until August 1, 2030, if the displacing agency is a state agency, actual reasonable expenses necessary to reestablish a displaced small business, farm, or nonprofit organization at its new site, are not to exceed:

(a) $100,000; or

(b) The amount established by the lead agency as adjusted in subsection (3) of this section, whichever is greater.

(3) Beginning August 1, 2025, and annually on August 1st thereafter, the lead agency shall adjust the dollar amounts originally specified in subsections (1)(a) and (2)(a) of this section by two percent to account for inflation, as described herein. After the August 1, 2025, two percent adjustment, each subsequent year's calculation will reflect a two percent increase from the previous year. Each year the adjusted dollar amount shall be rounded up to the nearest whole dollar.

(4) Eligible expenses. Reestablishment expenses must be reasonable and necessary, as determined by the agency. They include, but are not limited to, the following:

(a) Repairs or improvements to the replacement real property as required by federal, state or local law, code or ordinance.

(b) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business.

(d) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling, or carpeting.

(e) Advertisement of replacement location.

(f) Estimated increased costs of operation during the first two years at the replacement site for such items as:

(i) Lease or rental charges;

(ii) Personal or real property taxes;

(iii) Insurance premiums; and

(iv) Utility charges, excluding impact fees.

(g) Other items that the agency considers essential to the reestablishment of the business.

(5) Ineligible expenses. The following is a nonexclusive listing of reestablishment expenditures not considered to be reasonable, necessary, or otherwise eligible:

(a) Purchase of capital assets, such as office furniture, filing cabinets, machinery, or trade fixtures.

(b) Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation.

(d) Payment to a part-time business in the home which does not contribute materially (defined in WAC 468-100-002(6)) to the household income.

(e) Interior or exterior refurbishments at the replacement site which are for aesthetic purposes, except as provided in subsection (4)(d) of this section.

(f) Construction costs for a new building at the business replacement site, or costs to construct, reconstruct, or rehabilitate an existing building.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-306, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-306, filed 1/3/06, effective 2/3/06
WSR 04-08-041, § 468-100-306, filed 3/31/04, effective 5/1/04. Statutory Authority: Chapter 8.26 RCW and WSR 89-17-048 (Order 121). WSR 01-02-027, § 468-100-306, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-306, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-401 Replacement housing payment for 90-day homeowner-occupants.

(1) Eligibility: A displaced person is eligible for the replacement housing payment for a 90-day homeowner-occupant if the person:

(a) Has actually owned and occupied the displacement dwelling for not less than the 90 days immediately prior to the initiation of negotiations; and

(b) Purchases and occupies a DSS replacement dwelling within one year after the later of the following dates (except that the agency may extend such one-year period for good cause):

(i) The date the displaced person receives final payment for the displacement dwelling or, in the case of condemnation, the date the full amount of the estimate of just compensation is deposited in the court; or

(ii) The date the person moves from the displacement dwelling; or

(iii) The date the displacing agency's obligation under WAC 468-100-204 is met.

(2) Amount of payment: The replacement housing payment for an eligible 90-day homeowner-occupant may not exceed $41,200 (see also WAC 468-100-404). The payment under this section is limited to the amount necessary to relocate to a comparable replacement dwelling within one year from the date the displaced homeowner-occupant is paid for the displacement dwelling, or the date a comparable replacement dwelling is made available to such person, whichever is later. The payment shall be the sum of:

(a) The amount by which the cost of a replacement dwelling exceeds the acquisition cost of the displacement dwelling (price differential), as determined in accordance with subsection (3) of this section; and

(b) The increased interest costs and other debt service costs which are incurred in connection with the mortgage(s) on the replacement dwelling (increased mortgage interest cost or reverse mortgage), as determined in accordance with subsection (4) or (5) of this section, as applicable; and

(c) The reasonable expenses incidental to the purchase of the replacement dwelling (incidental purchase expense), as determined in accordance with subsection (6) of this section.

(3) Price differential:

(a) Basic computation: The price differential to be paid under subsection (2)(a) of this section is the amount which must be added to the acquisition cost of the displacement dwelling and dwelling site (see WAC 468-100-002 (10) and (11)) to provide a total amount equal to the lesser of:

(i) The reasonable cost of a comparable replacement dwelling as determined in accordance with WAC 468-100-403(1); or

(ii) The purchase price of the DSS replacement dwelling actually purchased and occupied by the displaced person.

(b) Owner retention of displacement dwelling: If the owner retains ownership of the person's dwelling, moves it from the displacement site, and reoccupies it on a replacement site, the purchase price of the replacement dwelling shall be the sum of:

(i) The cost of moving and restoring the dwelling to a condition comparable to that prior to the move;

(ii) The cost of making the unit a DSS replacement dwelling (defined in WAC 468-100-002(7));

(iii) The current market value for residential use of the replacement dwelling site (based on any reasonable evaluation method determined by the agency), unless the claimant rented the displacement site and there is a reasonable opportunity for the claimant to rent a suitable replacement site; and

(iv) The retention value of the displacement dwelling, if such retention value is reflected in the "acquisition cost" used when computing the replacement housing payment.

(c) Owner constructs replacement dwelling: If the owner obtains a DSS replacement dwelling by contracting for or otherwise obtaining new construction, the purchase price of the replacement dwelling shall be the sum of:

(i) The cost necessary to construct a dwelling that is comparable to the displacement dwelling; and

(ii) The current fair market value for residential use of the replacement site (based on any reasonable evaluation method determined by the agency), unless the claimant rented the displacement site and there is a reasonable opportunity for the claimant to rent a suitable replacement site.

(4) Increased mortgage interest costs:

(a) The agency shall determine the factors to be used in computing the amount to be paid to a displaced person under subsection (2)(b) of this section. Except as otherwise provided in subsection (5) of this section, the payment for increased mortgage interest costs shall be the amount which will reduce the mortgage balance on a new mortgage to an amount which could be amortized with the same monthly payment for principal and interest as that for the mortgage(s) on the displacement dwelling. In addition, payments shall include other debt service costs, if not paid as incidental costs, and shall be based only on bona fide mortgages that were valid liens on the displacement dwelling for at least 180 days prior to the initiation of negotiations. Subdivisions (b) through (f) of this subsection shall apply to the computation of the increased mortgage interest costs payment, which payment shall be contingent upon a mortgage being placed on the replacement dwelling.

(b) The payment shall be based on the unpaid mortgage balance(s) on the displacement dwelling; however, in the event the displaced person obtains a smaller mortgage than the mortgage balance(s) computed in the buydown determination the payment will be prorated and reduced accordingly.

In the case of a home equity loan the unpaid balance shall be that balance which existed 180 days prior to the initiation of negotiations or the balance on the date of acquisition, whichever is less.

(c) The payment shall be based on the remaining term of the mortgage(s) on the displacement dwelling or the term of the new mortgage, whichever is shorter.

(d) The interest rate on the new mortgage used in determining the amount of the payment shall not exceed the prevailing fixed interest rate for conventional mortgages currently charged by mortgage lending institutions in the area in which the replacement dwelling is located.

(e) Purchaser's points and loan origination or assumption fees, but not seller's points, shall be paid to the extent:

(i) They are not paid as incidental expenses;

(ii) They do not exceed rates normal to similar real estate transactions in the area;

(iii) The agency determines them to be necessary; and

(iv) The computation of such points and fees shall be based on the unpaid mortgage balance on the displacement dwelling, less the amount determined for the reduction of the mortgage balance under this section.

(f) The displaced person shall be advised of the approximate amount of this payment and the conditions that must be met to receive the payment as soon as the facts relative to the person's current mortgage(s) are known and the payment shall be made available at or near the time of closing on the replacement dwelling in order to reduce the new mortgage as intended.

(5) Reverse mortgages. The payment for replacing a reverse mortgage shall be the difference between the existing reverse mortgage balance and the minimum dollar amount necessary to purchase a replacement reverse mortgage which will provide the same or similar terms as that for the reverse mortgage on the displacement dwelling. In addition, payments shall include other debt service costs, if not paid as incidental costs, and shall be based only on reverse mortgages that were valid liens on the displacement dwelling for at least 180 days prior to the initiation of negotiations. Subdivisions (a) through (d) of this subsection shall apply to the computation of the mortgage interest differential payment required under subsection (4) of this section, which payment shall be contingent upon a new reverse mortgage being purchased for the replacement dwelling.

(a) The payment shall be based on the difference between the reverse mortgage balance and the minimum amount needed to qualify for a reverse mortgage with the similar terms as the reverse mortgage on the displacement dwelling; however, in the event the displaced person obtains a reverse mortgage with a smaller principal balance than the reverse mortgage balance(s) computed in the buydown determination, the payment will be prorated and reduced accordingly. The reverse mortgage balance shall be that balance which existed 180 days prior to the initiation of negotiations or the reverse mortgage balance on the date of acquisition, whichever is less.

(b) The interest rate on the new reverse mortgage used in determining the amount of the eligibility shall not exceed the prevailing rate for reverse mortgages currently charged by mortgage lending institutions for owners with similar amounts of equity in their units in the area in which the replacement dwelling is located.

(i) They are not paid as incidental expenses;

(ii) They do not exceed rates normal to similar real estate transactions in the area;

(iii) The agency determines them to be necessary; and

(iv) The computation of such points and fees shall be based on the reverse mortgage balance on the displacement dwelling plus any amount necessary to purchase the new reverse mortgage.

(d) The displaced person or their representative shall be advised of the approximate amount of this eligibility and the conditions that must be met to receive the reimbursement as soon as the facts relative to the person's current reverse mortgage are known; the payment shall be made available at or near the time of closing on the replacement dwelling in order to purchase the new reverse mortgage as intended.

(6) Incidental purchase expenses: The incidental expenses to be paid under subsection (2)(c) of this section or for down payment assistance under WAC 468-100-402 (3)(a) are those necessary and reasonable costs actually incurred by the displaced person incident to the purchase of a replacement dwelling, and customarily paid by the buyer, including and are limited by such costs based on the cost of a comparable replacement dwelling pursuant to WAC 468-100-403(1):

(a) Legal, closing, and related costs, including those for title search, preparing conveyance instruments, notary fees, preparing surveys and plats, and recording fees.

(b) Lender, FHA, or VA application and appraisal fees.

(d) Professional home inspection, certification of structural soundness and termite inspection.

(e) Credit report.

(f) Owner's and mortgagee's evidence of title, e.g., title insurance, not to exceed the costs for a comparable replacement dwelling.

(g) Escrow agent's fee.

(h) State revenue or documentary stamps, sales or transfer taxes (not to exceed the costs for a comparable replacement dwelling).

(i) Such other costs as the agency determines to be incidental to the purchase.

(7) Rental assistance payment for 90-day homeowner-occupant: A 90-day homeowner-occupant who could be eligible for a replacement housing payment under subsection (1) of this section but elects to rent a replacement dwelling, is eligible for a rental assistance payment. The amount of the rental assistance payment is based on a determination of market rent for the acquired dwelling compared to a comparable rental dwelling available on the market. The difference, if any, is computed in accordance with WAC 468-100-402 (2)(a), except that the limit of $9,570 does not apply, and, instead, is disbursed in accordance with WAC 468-100-402 (2)(c). Under no circumstances would the rental assistance payment exceed the amount that could have been received under WAC 468-100-401 (2)(a) had the 90-day homeowner-occupant elected to purchase and occupy a comparable replacement dwelling. Payments allowed under WAC 468-100-402(3) are not applicable.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-401, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-401, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-401, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-402 Replacement housing payment for 90-day tenants and certain others.

(1) Eligibility: A tenant displaced from a dwelling is entitled to a payment not to exceed $9,570 for rental assistance, as computed in accordance with subsection (2) of this section, or down payment assistance, as computed in accordance with subsection (3) of this section, if such displaced person:

(a) Has actually and lawfully occupied the displacement dwelling for at least 90 days immediately prior to the initiation of negotiations; and

(b) Has rented, or purchased, and occupied a DSS replacement dwelling within one year (unless the agency extends this period for good cause) after the date he or she moves from the displacement dwelling.

(2) Rental assistance payment:

(a) Amount of payment: An eligible displaced person under subsection (1) of this section who rents a replacement dwelling is entitled to a payment not to exceed $9,570 for rental assistance (see also WAC 468-100-404). Such payment shall be 42 times the amount obtained by subtracting the base monthly rent from the lesser of:

(i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or

(ii) The monthly rent and estimated average monthly cost of utilities for the DSS replacement dwelling actually occupied by the displaced person.

(b) Base monthly rental for displacement dwelling. The base monthly rental for the displacement dwelling is the lesser of:

(i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the agency. (For an owner-occupant, use the fair market rent for the displacement dwelling. For a tenant who paid little or no rent for the displacement dwelling, use the fair market rent, unless its use would result in a hardship because of the person's income or other circumstances);

(ii) Thirty percent of the displaced person's average monthly gross household income if the amount is classified as "low income" by the U.S. Department of Housing and Urban Development (HUD) in its most recently published Uniform Relocation Act Income Limits ("Survey"). The base monthly rental shall be established solely on the criteria in (b)(i) of this subsection for persons with income exceeding the Survey's "low income" limits, for persons refusing to provide appropriate evidence of income, and for persons who are dependents. A full-time student or resident of an institution may be assumed to be a dependent, unless the person demonstrates otherwise; or

(iii) The total of the amounts designated for shelter and utilities if the displaced person is receiving a welfare assistance payment from a program that designates the amounts for shelter and utilities.

| Note: | The Survey's income limits are updated annually and are available on FHWA's website at | | --- | --- | | | https://www.fhwa.dot.gov/real_estate/low_income_calculations/index.cfm |

(c) Manner of disbursement: A rental assistance payment may, at the agency's discretion, be disbursed in either a lump sum or in installments. However, except as limited by WAC 468-100-403(6), the full amount vests immediately, whether or not there is any later change in the person's income or rent, or in the condition or location of the person's replacement housing.

(3) Down payment assistance payment:

(a) Amount of payment: An eligible displaced person under subsection (1) of this section who purchases a replacement dwelling is entitled to a down payment assistance payment in the amount the person would receive under subsection (2) of this section if the person rented a comparable replacement dwelling. At the agency's discretion, a down payment assistance payment that is less than $9,570 may be increased to any amount not to exceed $9,570. However, the payment to a displaced person shall not exceed the amount the homeowner-occupant would receive under WAC 468-100-401(2) if he or she met the 90-day occupancy requirement. If the agency elects to provide the maximum payment of $9,570 as a down payment, the agency shall apply this discretion in a uniform and consistent manner, so that eligible displaced persons in like circumstances are treated equally (a displaced person eligible to receive a payment as a 90-day owner-occupant under WAC 468-100-401(1) is not eligible for this payment).

(b) Application of payment: The full amount of the replacement housing payment for down payment assistance must be applied to the purchase price of the replacement dwelling and related incidental expenses.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-402, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-402, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-402, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-403 Additional rules governing replacement housing payments.

(1) Determining cost of comparable replacement dwelling: The upper limit of a replacement housing payment shall be based on the cost of a comparable replacement dwelling (defined in WAC 468-100-002(5)).

(a) Three-comparable method: If available, at least three comparable replacement dwellings shall be considered and the payment computed on the basis of the dwelling most nearly representative of, and equal to, or better than, the displacement dwelling.

(b) Major exterior attribute: If the site of the comparable replacement dwelling lacks a major exterior attribute of the displacement dwelling site (e.g., the site is significantly smaller or does not contain a swimming pool or outbuildings), the contributory value of such attribute as determined by the agency shall be subtracted from the acquisition cost of the displacement dwelling for purposes of computing the payment.

(c) Remainder offer: If the acquisition of a portion of a typical residential property causes the displacement of the owner from the dwelling and the agency determines that the remainder is not an uneconomic remnant, and if allowed by state law, the agency may offer to purchase the entire property. If the owner refuses to sell the remainder to the agency, the fair market value of the remainder, may be added to the acquisition cost of the displacement dwelling for purposes of computing the replacement housing payment.

(d) Location: To the extent feasible, comparable replacement dwellings shall be selected from the neighborhood in which the displacement dwelling was located or, if not otherwise possible, from nearby or similar neighborhoods where housing costs are generally the same or higher.

(e) Multiple occupants of one displacement dwelling: When there are multiple occupants of one displacement dwelling and if two or more occupants of the displacement dwelling move to separate replacement dwellings, each occupant is entitled to a reasonable prorated share, as determined by the agency, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling. However, if the agency determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments.

(f) Mixed-use and multifamily properties: If the displacement dwelling was part of a property that contained another dwelling unit and/or space used for nonresidential purposes, and/or is located on a lot larger than a site that is typical for residential purposes, only that portion of the acquisition payment which is actually attributable to the displacement dwelling shall be considered its acquisition cost when computing the replacement housing payment.

(g) Insurance proceeds: To the extent necessary to avoid duplicate compensation, the amount of any insurance proceeds received by a person in connection with a loss to the displacement dwelling due to a catastrophic occurrence (fire, flood, etc.) shall be included in the acquisition cost of the displacement dwelling when computing the price differential. (Also see WAC 468-100-003.)

(2) Inspection of replacement dwelling: Before making a replacement housing payment or releasing the initial payment from escrow, the agency or its designated representative shall inspect the replacement dwelling and determine whether it is a DSS dwelling as defined in WAC 468-100-002(7).

(3) Purchase of replacement dwelling: A displaced person is considered to have met the requirement to purchase a replacement dwelling, if the person:

(a) Purchases a dwelling;

(b) Purchases and rehabilitates a substandard dwelling;

(d) Constructs a dwelling on a site the person owns or purchases;

(e) Contracts for the purchase or construction of a dwelling on a site provided by a builder or on a site the person owns or purchases; or

(f) Currently owns a previously purchased dwelling and site, valuation of which shall be on the basis of current fair market value.

(4) Occupancy requirements for displacement or replacement dwelling: No person shall be denied eligibility for a replacement housing payment solely because the person is unable to meet the occupancy requirements set forth in this chapter for a reason beyond the person's control, including:

(a) A disaster, an emergency, or an imminent threat to the public health or welfare, as determined by the president, governor, or funding agency; or

(b) Another reason, such as a delay in the construction of the replacement dwelling, military duty, or hospital stay, as determined by the agency.

(5) Conversion of payment: A displaced person who initially rents a replacement dwelling and receives a rental assistance payment under WAC 468-100-402(2) is eligible to receive a payment under WAC 468-100-401 or 468-100-402(3) if the person meets the eligibility criteria for such payments, including purchase and occupancy within the prescribed one-year period. Any portion of the rental assistance payment that has been disbursed shall be deducted from the payment computed under WAC 468-100-401 or 468-100-402(3).

(6) Payment after death: A replacement housing payment is personal to the displaced person and upon the person's death the undisbursed portion of any such payment shall not be paid to the heirs or assigns, except that:

(a) The amount attributable to the displaced person's period of actual occupancy of the replacement housing shall be paid.

(b) Any remaining payment shall be disbursed to the remaining family members of the displaced household in any case in which a member of a displaced family dies.

(c) Any portion of a replacement housing payment necessary to satisfy the legal obligation of an estate in connection with the selection of a replacement dwelling by or on behalf of a deceased person shall be disbursed to the estate.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-403, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 07-08-109, § 468-100-403, filed 4/4/07, effective 5/5/07
WSR 06-02-068, § 468-100-403, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-403, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-404 Replacement housing of last resort.

(1) Determination to provide replacement housing of last resort. Whenever a program or project cannot proceed on a timely basis because comparable replacement dwellings are not available within the monetary limits for owners or tenants, as specified in WAC 468-100-401 or 468-100-402, as appropriate, the agency shall provide additional or alternative assistance under the provisions of this subpart. Any decision to provide last resort housing assistance must be adequately justified either:

(a) On a case-by-case basis, for good cause, which means that appropriate consideration has been given to:

(i) The availability of comparable replacement housing in the program or project area;

(ii) The resources available to provide comparable replacement housing; and

(iii) The individual circumstances of the displaced person; or

(b) By a determination that:

(i) There is little, if any, comparable replacement housing available to displaced persons within an entire program or project area; and, therefore, last resort housing assistance is necessary for the area as a whole;

(ii) A program or project cannot be advanced to completion in a timely manner without last resort housing assistance; and

(iii) The method selected for providing last resort housing assistance is cost effective, considering all elements, which contribute to total program or project costs.

(2) Basic rights of persons to be displaced. Notwithstanding any provision of this subpart, no displaced person shall be required to move from a displacement dwelling unless comparable replacement housing is available to such person. No person may be deprived of any rights the person may have under the Uniform Act or this part. The agency shall not require any displaced person to accept a dwelling provided by the agency under these procedures (unless the agency and the displaced person have entered into a contract to do so) in lieu of any acquisition payment or any relocation payment for which the person may otherwise be eligible.

(3) Methods of providing comparable replacement housing. Agencies shall have broad latitude in implementing this subpart, but implementation shall be for reasonable cost, on a case-by-case basis unless an exception to case-by-case analysis is justified for an entire project.

(a) The methods of providing replacement housing of last resort include, but are not limited to:

(i) A replacement housing payment in excess of the limits set forth in WAC 468-100-401 or 468-100-402. A replacement housing payment under this section may be provided in installments or in a lump sum at the agency's discretion.

(ii) Rehabilitation of and/or additions to an existing replacement dwelling.

(iii) The construction of a new replacement dwelling.

(iv) The provision of a direct loan, which requires regular amortization or deferred repayment. The loan may be unsecured or secured by the real property. The loan may bear interest or be interest-free.

(v) The relocation and, if necessary, rehabilitation of a dwelling.

(vi) The purchase of land and/or a replacement dwelling by the agency and subsequent sale or lease to, or exchange with a displaced person.

(vii) The removal of barriers for persons with disabilities.

(b) Under special circumstances, consistent with the definition of a comparable replacement dwelling, modified methods of providing replacement housing of last resort permit consideration of replacement housing based on space and physical characteristics different from those in the displacement dwelling, including upgraded, but smaller replacement housing that is decent, safe, and sanitary and adequate to accommodate individuals or families displaced from marginal or substandard housing with probable functional obsolescence. In no event, however, shall a displaced person be required to move into a dwelling that is not functionally equivalent in accordance with WAC 468-100-002 (5)(b).

(c) The agency shall provide assistance under this subpart to a displaced person who is not eligible to receive a replacement housing payment under WAC 468-100-401 and 468-100-402 because of failure to meet the length of occupancy requirement when comparable replacement rental housing is not available at rental rates within the displaced person's financial means (see WAC 468-100-002 (5)(h)(iii)). Such assistance shall cover a period of 42 months.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-404, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-404, filed 1/3/06, effective 2/3/06.

Wash. Admin. Code § 468-100-501 Applicability.

(1) General: This subpart describes the requirements governing the provision of replacement housing payments to a person displaced from a mobile home and/or mobile home site who meets the basic eligibility requirements of this chapter. Except as modified by this subpart, such a displaced person is entitled to:

(a) A moving expense payment in accordance with WAC 468-100-301 and 468-100-302; and

(b) A replacement housing payment in accordance with WAC 468-100-401 through 468-100-404 to the same extent and subject to the same requirements as persons displaced from conventional dwellings.

(2) Partial acquisition of mobile home park. If the agency determines that a mobile home located in the remaining part of the property must be moved as a direct result of the project, the occupant of the mobile home shall be considered to be a displaced person who is entitled to relocation payments and other assistance under this part.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-501, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-501, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-501, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-502 Replacement housing payment for 90-day mobile homeowner displaced from a mobile home, and/or from the acquired mobile home site.

(1) Eligibility: An owner-occupant displaced from a mobile home is entitled to a replacement housing payment, not to exceed $41,200 under WAC 468-100-401 if:

(a) The person occupied the mobile home on the displacement site for at least 90 days immediately before:

(i) The initiation of negotiations to acquire the mobile home, if the person owned the mobile home and the mobile home is real property;

(ii) The initiation of negotiations to acquire the mobile home site if the mobile home is personal property, but the person owns the mobile home site; or

(iii) The date of the agency's written notification to the owner-occupant that the owner is determined to be displaced from the mobile home as described in (c)(i) through (iv) of this subsection.

(b) The person meets the other basic eligibility requirements in WAC 468-100-401 (1)(b); and

(c) The agency acquires the mobile home as real estate, or acquires the mobile home site from the displaced owner, or the mobile home is personal property but the owner is displaced from the mobile home because the agency determines that the mobile home:

(i) Is not, and cannot economically be made, decent, safe, and sanitary;

(ii) Cannot be relocated without substantial damage or unreasonable cost;

(iii) Cannot be relocated because there is no available comparable replacement site; or

(iv) Cannot be relocated because it does not meet mobile home park entrance requirements.

(2) Replacement housing payment computation for a 90-day owner that is displaced from a mobile home. The replacement housing payment for an eligible displaced 90-day owner is computed as described in WAC 468-100-401(2) incorporating the following, as applicable:

(a) If the agency acquires the mobile home as real estate and/or acquires the owned site, the acquisition cost used to compute the price differential payment is the actual amount paid to the owner as just compensation for the acquisition of the mobile home, and/or site, if owned by the displaced mobile homeowner.

(b) If the agency does not purchase the mobile home as real estate but the owner is determined to be displaced from the mobile home and eligible for a replacement housing payment based on subsection (1)(a)(iii) of this section, the eligible price differential payment for the purchase of a comparable replacement mobile home is the lesser of the displaced mobile homeowner-occupant's net cost to purchase a replacement mobile home (i.e., purchase price of the replacement mobile home less trade-in or sale proceeds of the displacement mobile home); or the cost of the agency's selected comparable mobile home less the agency's estimate of the salvage or trade-in value for the mobile home from which the person is displaced.

(c) If a comparable replacement mobile home site is not available, the price differential payment shall be computed on the basis of the reasonable cost of a conventional comparable replacement dwelling.

(3) Replacement housing payment for a 90-day owner-occupant that is displaced from a leased or rented mobile home site. If the displacement mobile homeowner-occupant's site is leased or rented, a 90-day owner-occupant is entitled to a rental assistance payment computed as described in WAC 468-100-402. This rental assistance replacement housing payment may be used to lease a replacement site, may be applied to the purchase price of a replacement site, or may be applied, with any replacement housing payment attributable to the mobile home, toward the purchase of a replacement mobile home and the purchase or lease of a site or the purchase of a conventional decent, safe and sanitary dwelling.

(4) Owner-occupant not displaced from the mobile home. If the agency determines that a mobile home is personal property and may be relocated to a comparable replacement site, but the owner-occupant elects not to do so, the owner is not entitled to a replacement housing payment for the purchase of a replacement mobile home. However, the owner is eligible for moving costs described in WAC 468-100-301 and any replacement housing payment for the purchase or rental of a comparable site as described in this section or WAC 468-100-503 as applicable.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-502, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-502, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-502, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-503 Replacement housing payments for 90-day mobile home occupants.

A displaced tenant or owner-occupant of a mobile home and/or site is eligible for a replacement housing payment, not to exceed $9,570 under WAC 468-100-402 if:

(1) The person actually occupied the displacement mobile home on the displacement site for at least 90 days immediately prior to the initiation of negotiations;

(2) The person meets the other basic eligibility requirements in WAC 468-100-402(1); and

(3) The agency acquires the mobile home and/or mobile homesite, or the mobile home is not acquired by the agency but the agency determines that the occupant is displaced from the mobile home because of one of the circumstances described in WAC 468-100-502 (1)(c).

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-503, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-503, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-503, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-504 Additional rules governing relocation payment to mobile home occupants.

(1) Replacement housing payment based on dwelling and site: Both the mobile home and mobile home site must be considered when computing a replacement housing payment. For example, a displaced mobile home occupant may have owned the displacement mobile home and rented the site or may have rented the displacement mobile home and owned the site. Also a person may elect to purchase a replacement mobile home and rent a replacement site, or rent a replacement mobile home and purchase a replacement site. In such cases, the total replacement housing payment shall consist of a payment for a dwelling and a payment for a site, each computed under the applicable section in WAC 468-100-401 through 468-100-403. However, the total replacement housing payment under WAC 468-100-401 through 468-100-403 shall not exceed the maximum payment (either $41,200 or $9,570) permitted under the subsection that governs the computation for the dwelling.

(2) General provisions: WAC 468-100-403 also applies.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-504, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-504, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-504, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-601 Purpose.

This subpart permits a state agency to fulfill its responsibilities under the Uniform Act by certifying that it shall operate in accordance with state laws and regulations which shall accomplish the purpose and effect of the Uniform Act, in lieu of providing the assurances required by WAC 468-100-004.

History

Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-601, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-601, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-602 Certification application.

An agency wishing to proceed on the basis of a certification may request an application for certification from the Director, Office of Real Estate Services, HEPR-1, Federal Highway Administration, 1200 New Jersey Avenue S.E., Washington, D.C. 20590. The completed application for certification must be approved by the governor of the state, or the governor's designee, and must be coordinated with the federal funding agency, in accordance with application procedures.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-602, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-602, filed 1/3/06, effective 2/3/06
WSR 89-17-048 (Order 121), § 468-100-602, filed 8/14/89, effective 9/14/89.

Wash. Admin. Code § 468-100-603 Monitoring and corrective action.

(1) The federal Lead Agency shall, in coordination with other federal agencies, monitor from time to time state agency implementation of programs or projects conducted under the certification process and the state agency shall make available any information required for this purpose.

(2) The federal Lead Agency may require periodic information or data from affected federal or state agencies.

(3) A federal agency may, after consultation with the lead agency, and notice to and consultation with the governor, or his or her designee, rescind any previous approval provided under this subpart if the certifying state agency fails to comply with its certification or with applicable state law and regulations. The federal agency shall initiate consultation with the lead agency at least 30 days prior to any decision to rescind approval of a certification under this subpart. The lead agency will also inform other federal agencies, which have accepted a certification under this subpart from the same state agency, and will take whatever other action that may be appropriate.

History

Statutory Authority: RCW 8.26.085. WSR 26-11-009, s 468-100-603, filed 5/11/26, effective 6/11/26. Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-603, filed 1/3/06, effective 2/3/06.

Chapter 468-105 Public advisory elections for selected state transportation facilities.

Wash. Admin. Code § 468-105-010 General.

These administrative rules were developed pursuant to RCW 47.46.030 (3) through (11) concerning public advisory elections conducted within an affected project area by the county auditors for the purpose of advising the department on the public support or opposition to the imposition of tolls to finance a proposed project pursuant to chapter 47.46 RCW, Public-Private Initiatives Transportation Act.

History

Statutory Authority: RCW 47.46.030 (3)-(11). WSR 96-03-107, § 468-105-010, filed 1/23/96, effective 2/23/96.

Wash. Admin. Code § 468-105-020 Definitions.

For the purpose of implementing RCW 47.46.030 (3) through (11) relative to the process for conducting public advisory elections on selected transportation facilities, the following definitions apply:

(1) "Affected project area" means a geographic area of the state impacted by the imposition of tolls or user fees that is defined and established by the department following a public comment period and a recommendation by the public private local involvement committee. The affected project area is a geographic portion of the state which is depicted in a map.

(2) "City" means any jurisdiction formed under Titles 35 and 35A RCW including any first class city (RCW 35.01.010), second class city (RCW 35.01.020), town (RCW 35.01.040) or code city (RCW 35A.01.035).

(3) "County auditor" shall have the same meaning as provided in RCW 29.01.043.

(4) "Department" means the Washington state department of transportation.

(5) "Initial affected project area" means a geographic area of the state that is defined by the department as a result of a comprehensive analysis of traffic patterns and economic impacts created by the imposition of tolls or user fees to finance a proposed project.

(6) "Local involvement committee (LIC)" means an advisory committee officially named the "public private local involvement committee" which will be established for each proposed project. The LIC will serve in an advisory capacity on all functions and responsibilities of the department in the conduct of the public advisory election.

(7) "Project description" means a written description of the proposed project that is prepared by the department in consultation with the LIC. The project description is a statement of the essential elements of the proposed project.

(8) "Project developer" means a private entity submitting a proposed project to improve transportation capital facilities under chapter 47.46 RCW.

(9) "Proposed project" means a conceptual project proposed by one or more project developers which is intended to build or improve transportation capital facilities. The proposed projects are those selected pursuant to chapter 47.46 RCW which have organized opposition as demonstrated by the submission to the department of original petitions bearing at least five thousand signatures of individuals opposing the proposed project by the deadlines set forth in RCW 47.46.030 (10) and (11).

(10) "Public advisory election" means an election conducted within an affected project area by the county auditor for the purpose of advising the department on the public support or opposition to the imposition of tolls to finance a proposed project.

(11) "Preferred alternative" means a proposed action identified in the draft environmental impact statement developed in chapter 43.21C RCW.

History

Statutory Authority: Chapter 47.46 RCW. WSR 97-14-037, § 468-105-020, filed 6/26/97, effective 7/27/97. Statutory Authority: RCW 47.46.030 (3)-(11). WSR 96-03-107, § 468-105-020, filed 1/23/96, effective 2/23/96.

Wash. Admin. Code § 468-105-030 Determination of initial affected project area.

The department shall define an initial affected project area for proposed projects selected before September 1, 1994, or after June 30, 1997. In order to define the initial affected project area, and pursuant to the requirements of RCW 47.46.030(4), the department shall conduct a comprehensive analysis of traffic patterns and economic impacts to define the geographic area that is affected by the imposition of tolls or user fees.

(1) Traffic and economic analysis. Such analysis shall result in a map depicting the initial affected project area, and shall include, at a minimum:

(a) A comparison of the estimated percentage of residents of communities in the vicinity of the project and in other communities impacted by the project who could be subject to tolls or user fees and the estimated percentage of other users and transient traffic that could be subject to tolls or user fees;

(b) An analysis of the anticipated traffic diversion patterns on local streets, highways and to other transportation services or facilities;

(c) An analysis of the potential economic impact resulting from proposed toll rates or user fee rates imposed on residents, commercial traffic, and commercial entities in communities in the vicinity of and impacted by the project;

(d) An analysis of the economic impact of tolls or user fees on the price of goods and services generally; and

(e) An analysis of the relationship of the project to state transportation needs and benefits.

(2) Public notification and consultation. The department shall notify and consult with jurisdictions and interested persons and organizations regarding the studies to be conducted, including the methodology that is developed to collect data and the criteria that is established to recommend the initial affected project area boundary.

(3) Studies available to public. The department shall make the studies available to the public including the methodology and criteria used to develop the study recommendations, published reports, raw data, analysis, maps and other information generated by the studies.

(4) Precinct boundaries. At the request of the department, the county auditor in any county which is within an initial affected project area shall provide current precinct maps or boundary descriptions to the department. The department shall use the most current precinct maps or boundary descriptions in defining each initial affected project area.

History

Statutory Authority: RCW 47.46.030 (3)-(11). WSR 96-03-107, § 468-105-030, filed 1/23/96, effective 2/23/96.

Wash. Admin. Code § 468-105-040 Local involvement committee.

(1) Creation of the local involvement committee. A public private local involvement committee shall be established for each proposed project. The committee will be known as the local involvement committee or "LIC." Within sixty days after defining the initial affected project area, all appointments to the LIC shall be made and submitted to the department.

(2) LIC membership. The LIC membership shall consist of:

(a) One elected official of each county and one elected official from each city lying wholly or in part within the affected project area. Such members shall be appointed by a majority of the members of the county or city legislative authority.

(b) Two persons from each county lying wholly or in part within the affected project area each of whom represents an organization formed in support of the proposed project, if any such organizations exist; and two persons from each county lying wholly or in part within the affected project area each of whom represents an organization formed to oppose the proposed project, if any such organizations exist. Such members shall be appointed by the county legislative authority. Prior to such appointment, the county legislative authority shall identify and validate organizations officially formed in support of or in opposition to the proposed project. The method of validation shall be devised by the county. Appointments shall be made from list(s) submitted by the chairs of the validated organizations. The county legislative authority shall submit a list of the appointed members in writing to the department.

(d) Vacancies in the membership of the LIC shall be filled by the appointing authority under (a) through (c) of this subsection.

(e) If the committee makeup results in an even number of committee members, there shall be an additional appointment of an elected official from the county in which all, or the greatest portion of the proposed project is located.

(3) Compensation and expenses. Members of the LIC shall serve without compensation and may not receive reimbursement for subsistence, lodging expenses, or travel expenses from the department.

(4) LIC duties. Each LIC will serve in an advisory capacity to the department on all matters related to the administration of the public advisory elections including:

(a) Reviewing the methodology, criteria and recommendations developed in the traffic and economic studies and used by the department to establish the initial affected project area boundary.

(b) Reviewing the initial affected project area boundary and recommending adjustments, if any are deemed desirable, to the geographic boundaries and the LIC membership.

(c) Reviewing the project description that is based upon the preferred alternative selected by the department and recommending changes, if any are deemed desirable, in order for the department to prepare the final project description.

(d) Recommending to the department the date for the public advisory elections that are within those dates established by RCW 29.13.020.

(e) Providing advice on any other matters identified by the department related to the administration of the public advisory election in the affected project areas.

(5) LIC meeting and procedures.

(a) LIC meetings shall be open to the public and shall be subject to the requirements of the Open Public Meetings Act, RCW 42.30.030. The public shall have advance notice of LIC meetings as described in LIC procedures established in (b) of this subsection. Meetings shall be held in locations within the affected project areas and be accessible for persons with disabilities.

(b) Within thirty days of the first LIC meeting, each LIC shall develop meeting procedures to include but not be limited to the frequency and location of meetings, alternate members, methods of public notification and public participation at the meetings. Each LIC shall also develop its own method of providing recommendations to the department, provided that all decisions of the LIC shall be made by a simple majority of the LIC members. A simple majority shall be defined as fifty percent of the members plus one member of the LIC committee.

(c) All LIC meeting summaries, reports, correspondence and other materials are subject to public disclosure pursuant to chapter 42.17 RCW.

(6) Administrative support to LIC's. The department shall provide administrative support to the LIC's. Such support shall include notifying members of meetings, providing public notification of meetings, facilitating meetings, arranging for meetings and materials, and other necessary administrative support.

History

Statutory Authority: Chapter 47.46 RCW. WSR 97-14-037, § 468-105-040, filed 6/26/97, effective 7/27/97. Statutory Authority: RCW 47.46.030 (3)-(11). WSR 96-03-107, § 468-105-040, filed 1/23/96, effective 2/23/96.

Wash. Admin. Code § 468-105-050 Establishing affected project area.

(1) Public comment on initial affected project area. The department shall conduct a minimum thirty-day public comment period on the definition of each initial affected project area boundary.

(2) LIC recommendation on affected project area. The LIC shall review the public comments. The LIC shall recommend adjustments to the geographic boundary of the initial affected project area based upon the public comment. Adjustments to the geographic boundary shall be established by precinct. The LIC may also recommend adjustments to the membership of the LIC based upon any recommended boundary adjustments.

(3) Final boundaries of affected project area. Within fourteen calendar days after the close of the public comment period and a recommendation from the LIC, the department shall establish the final boundaries of the affected project area in units no smaller than a precinct as defined in RCW 29.01.120.

History

Statutory Authority: Chapter 47.46 RCW. WSR 97-14-037, § 468-105-050, filed 6/26/97, effective 7/27/97. Statutory Authority: RCW 47.46.030 (3)-(11). WSR 96-03-107, § 468-105-050, filed 1/23/96, effective 2/23/96.

Wash. Admin. Code § 468-105-060 Project description.

(1) Proposed project description. A draft project description shall be developed by the department based upon the preferred alternative.

(2) LIC recommendation on project description. The department shall provide the project description to the LIC. The LIC shall recommend changes to the content of the project description, if any, so that the department may prepare the final project description.

(3) Publication of project description. The department shall publish the project description in newspapers of general circulation in each county lying in whole or in part within the affected project area for a period of seven calendar days.

History

Statutory Authority: Chapter 47.46 RCW. WSR 97-14-037, § 468-105-060, filed 6/26/97, effective 7/27/97. Statutory Authority: RCW 47.46.030 (3)-(11). WSR 96-03-107, § 468-105-060, filed 1/23/96, effective 2/23/96.

Wash. Admin. Code § 468-105-070 Public advisory elections.

(1) Transmittal to county auditor. Within fourteen calendar days after the last day of the publication of the project description, the department shall transmit a letter requesting a public advisory election and a copy of the map depicting the affected project area and the project description to the county auditor of each county in which any portion of the affected project area is located.

(2) Precinct verification. Upon receipt of the affected project area map, and the project description, the county auditor shall, within thirty days, verify the precincts that are located within the affected project area.

(3) Ballot proposition.

(a) The department shall request the office of the attorney general to prepare the ballot title and summary advising the department on the public support or opposition to the imposition of tolls or user fees to implement the preferred alternative within the affected project area in the same manner and type as those required under RCW 29.79.040 for the public advisory election.

(b) Any registered voter residing within the affected project area who is dissatisfied with the content of the ballot title or summary may appeal to the superior court of Thurston County in the same manner as provided for on state measures in RCW 29.79.060.

(c) Not later than sixty days before the election date, the department shall submit the complete text of the ballot title and summary to the county auditor for the purpose of preparing the voters pamphlet and conducting the public advisory election.

(4) Election date. Unless a special election is requested by the department, the public advisory election shall be held at the next succeeding general election to be held in the state. The special election date must be the next date for a special election provided under RCW 29.13.020 that is at least sixty days, but not more than ninety days after the transmittal of the final map of the affected project area, project description, the ballot title and summary to the county auditor under subsection (1) of this section.

(5) Voters pamphlet.

(a) The county auditor shall prepare or contract with the secretary of state to prepare the voters pamphlet in the same manner required under chapter 29.81A RCW using the full text of the ballot title, summary, the project description and the geographic boundary of the affected project together with statements for and against the imposition of tolls or user fees to finance the proposed project. Committees to prepare the statements for and against the imposition of tolls to finance the proposed project for the voters pamphlet shall be appointed in the same manner as committees for state measures under RCW 29.81.050. The secretary of state shall transmit committee names and their statements to the county auditors.

(b) The county auditor may consolidate the voters pamphlet on the public advisory election with any other local voters pamphlet that is being produced by the county auditor for an election.

(6) Reimbursement for election costs. The department shall reimburse the costs of publication and distribution of information to the voters incurred by the county auditor in the same manner that local election costs are allocated under RCW 29.13.045. The department shall reimburse the county auditor for the cost of an election.

History

Statutory Authority: Chapter 47.46 RCW. WSR 97-14-037, § 468-105-070, filed 6/26/97, effective 7/27/97. Statutory Authority: RCW 47.46.030 (3)-(11). WSR 96-03-107, § 468-105-070, filed 1/23/96, effective 2/23/96.

Wash. Admin. Code § 468-105-080 Public advisory election results.

(1) Canvassing the votes cast on a public advisory election. Immediately following the certification of the votes cast on the public advisory election by the county canvassing board, the county auditor shall transmit a certified copy of the returns of that special election to the secretary of state in the same manner as provided for state measures in RCW 29.62.090.

(2) Certification of returns on a public advisory election to the department. Within three days following the receipt of the certified returns from a special election on a public advisory election, the secretary of state shall accumulate the results from the respective counties and certify the results to the department.

History

Statutory Authority: Chapter 47.46 RCW. WSR 97-14-037, § 468-105-080, filed 6/26/97, effective 7/27/97. Statutory Authority: RCW 47.46.030 (3)-(11). WSR 96-03-107, § 468-105-080, filed 1/23/96, effective 2/23/96.

Chapter 468-200 Conduct and management of emergency air operations air search and rescue/disaster relief.

Wash. Admin. Code § 468-200-020 Purpose and intent.

The purpose of this chapter is to adopt rules pertaining to the use, classes, scope, conditions of duty and training of emergency workers involved in air search and rescue or air disaster relief missions.

Any emergency situation most likely requires multiagency contact and coordination. To insure a timely and effective response nothing in this chapter is intended to preclude local law enforcement from taking immediate and constructive action. The aviation division will insure that each county sheriff's department is briefed on potential emergencies underway in their jurisdiction.

The intent of these rules is to clearly delineate the responsibilities of authorized officials and emergency workers before, during, and after emergencies, disasters, and other specific missions conducted under the authority of the Washington state department of transportation, aviation division.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-020, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-040 Scope.

This chapter is applicable for emergency activities as outlined in chapter 47.68 RCW, Washington state emergency management comprehensive plan, state and regional disaster airlift plan, or other official state of Washington or political subdivision emergency plans for:

(1) Multijurisdictional or major emergencies, disasters, and related incidents that are determined by appropriate state or local authorities to require the use of aircraft, airships, and crews at the disposal of and trained by the aviation division or its designees and the emergency workers required to crew and support such air operations. Nothing shall preclude local authorities from utilizing local resources to meet local emergencies. At the request of local authorities, even for localized emergencies, the aviation division will coordinate and acquire aviation resources as needed.

(2) Search and rescue missions for aircraft in distress, missing, or presumed down that are conducted under the authority of chapter 47.68 RCW. This does not include air operations conducted for search and rescue purposes under the authority of chapter 38.52 RCW.

(3) Training events authorized by the department of transportation, aviation division.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-040, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-060 Definitions.

(1) "Air search and rescue" means the conduct and management of all aerial search and rescue operations involving downed or missing aircraft. This includes aircraft and airships used in search and rescue operations requested through the aviation division. The aviation division is also responsible for search and rescue activities involving electronic signaling devices such as emergency locator transmitters (ELT's) and emergency position indicating radio beacons (EPIRB's). This does not include operations conducted for search and rescue purposes under the authority of chapter 38.52 RCW.

(2) "Disaster relief air operations" means the utilization of aircraft, airships, and crews in the assessment, search and rescue, or mitigation of a disaster.

(3) "Authorized official" means the director of aviation of the department of transportation or designee.

(4) "Authorized organization" means the department of transportation, aviation division, Washington state military department, emergency management division, local emergency management agencies, or law enforcement agencies of political subdivisions.

(5) "Aviation division" means the department of transportation, aviation division.

(6) "Incident" means an occurrence or event, either human caused or natural phenomena, that requires action by emergency services personnel to prevent or minimize loss of life or damage to property and/or the environment.

(7) "Mission" means a distinct assignment of personnel and equipment to achieve a set of tasks related to an incident, emergency, disasters or search and rescue operation that occurs under the direction and control of an authorized official.

(8) "Training event" means a planned, nonemergency activity for the development, maintenance, or upgrading of emergency worker skills.

(9) "Remote/isolated area" means an area lacking in amenities, paved roads, or public services, most often heavy vegetation and hilly terrain. Also defined as an area in which development is essentially nonexistent except for roads, railroads, power lines, and similar transportation facilities. Anyone leaving a recognized, road network will be considered to be in a remote/isolated area.

(10) "SARDA" means state and regional disaster airlift, a plan that is adopted by the state of Washington, as an integral part of the Washington state comprehensive emergency management plan. SARDA establishes the procedures for the control, conduct, and utilization of aviation during times of major disaster.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-060, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-080 Registration.

Registration is a prerequisite for emergency workers involved in the conduct of air search and rescue/disaster relief missions conducted under the authority of this chapter or chapter 47.68 RCW.

(1) Aircraft pilots and observers shall register with the aviation division by completing and filing a form as designated by the aviation division.

(2) Main base support personnel, assigned and working at the aviation division designated incident command post must also be registered with the aviation division.

(3) Ground personnel engaging in search and rescue field activities in remote or isolated locations must be registered emergency workers having complied with the registration requirements of chapter 38.52 RCW and chapter 118-04 WAC.

(4) The information provided during registration may be used by authorized officials to conduct criminal history, flying record, driving record, and background checks.

(5) Failure to truthfully respond to statements set forth on the registration form may result in the denial of registration or revocation of registration.

(6) Registration required under chapter 47.68 RCW and this chapter shall be accomplished by the aviation division on a form supplied or approved by the aviation division. Registration shall be completed upon the successful completion of the required training program as approved by the aviation division.

(a) An employee of the state or of a political subdivision of the state who is required to perform emergency duties as a normal part of their job shall not be required to register.

(b) When such individuals are outside the jurisdiction of their employment during a disaster, emergency, mission or incident, except when acting under the provisions of a mutual aid agreement, they should report to the on-scene authorized official and announce their capabilities and willingness to serve as a volunteer during the emergency or disaster. The on-scene authorized official shall register the individual as a temporary worker.

(c) Employees of the National Park Service, U.S. Forest Service, Bureau of Land Management performing their normal assigned duties in jurisdictions under their control shall not be required to register.

(d) Members of active duty, reserve, or National Guard components of the Department of Defense performing duties while in a "paid duty" status shall not be required to register.

(e) Members of active duty or reserve components of the U.S. Coast Guard performing duties while in a "paid duty" status shall not be required to register.

(f) Temporary registration may be authorized in those emergency situations requiring immediate or on-scene recruiting of volunteers to assist in time-critical or life threatening situations.

History

Statutory Authority: Chapter 47.68 RCW. WSR 97-03-064 (Order 167), § 468-200-080, filed 1/13/97, effective 2/13/97
WSR 96-02-067 (Order 160), § 468-200-080, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-100 Classes of emergency workers.

The following classes of emergency workers and the scope of duties of each class are hereby established.

(1) Administration personnel includes, but is not limited to, technical, administrative, and clerical services and may involve recruiting, coordinating, and directing any emergency support activities. Workers under this class will normally not perform their duty functions in isolated or remote locations. They are normally assigned to the incident command post, staging areas, or outlying airports.

(2) Pilots include duties performed by pilots licensed by the Federal Aviation Administration, operating Federal Aviation Administration approved aircraft, in support of emergency management activities. Pilots will be required to complete a mission training program conducted or approved by the aviation division.

(3) Observers include those individuals completing an approved training program to perform duties as an aerial observer on emergency missions.

(4) Communications shall include individuals who support airborne emergency response with air to air, air to ground, or ground to ground communications. Individuals in this class who are registered in accordance with chapter 38.52 RCW and chapter 118-04 WAC shall be deemed registered for the purposes of this chapter.

(5) General includes, but is not limited to, duties which can be performed by persons without permanent specific emergency assignment. These emergency workers may include personnel who do not have any specific training or qualifications, but whose participation is essential to a specific emergency operation.

(6) Transportation includes, but is not limited to, the planning, organizing, maintaining, operating, and coordination of available means of transportation for the movement of supplies, evacuees, personnel, and equipment.

(7) Radio beacon (emergency locator transmitter/emergency position indicating radio beacon) or other electronic transmitting device personnel shall include those personnel who respond by various ground and air modes of transportation to locate and silence electronic distress beacons. Personnel who will be working in isolated or remote areas must be registered and qualified in accordance with chapter 38.52 RCW and chapter 118-04 WAC.

(8) Aircrew (other) consist of crew members conducting airborne communications, aircraft crew chiefs, and airborne controllers.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-100, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-110 Conduct of training.

Organizations wishing to conduct training to meet the requirements of this chapter will submit the following information for consideration and approval prior to conducting training:

(1) A letter requesting to conduct approved training outlining the subject matter for which authorization is sought.

(2) A course outline listing the subject matter to be taught, class objectives, equipment, and audio visual material to be used.

(3) Copies of all hand out material, student work books, and other items that will be distributed.

(4) Written notice of date, location or locations where course is to be taught.

(5) A resume of the instructors background and qualifications.

(6) Such other material as may be instrumental in the aviation division reviewing the proposed training opportunities to insure consistency with the state program.

Applications for instructor/course authorization must be received at least thirty days prior to the course offering. The aviation division will have final approval authority over course content and instructor utilization. The aviation division will prepare, and supply on request, information and guidelines for the selection of instructors, preparation of courses and conduct of training.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-110, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-120 Qualifications of search and rescue emergency workers.

Personnel will complete training administered or approved by the aviation division prior to engagement in any search and rescue activities conducted in accordance with chapter 47.68 RCW, this chapter, the state comprehensive emergency management plan (regarding air operations) or the state and regional disaster airlift plan (SARDA).

(1) The following are the basic qualifications for administrative support search and rescue emergency workers:

(a) Be physically and mentally fit for the position assigned.

(b) Possess knowledge and the skills required of air search and rescue support workers.

(d) Possess knowledge of the records and forms necessary to administer a major air search operation, including all forms used to identify the mission, track personnel, equipment, and assignments.

(e) Possess knowledge of the various state laws, plans, and procedures used in the conduct of emergency air operations.

(f) Possess knowledge of the requirements utilized in briefing search participants.

(g) Possess knowledge of the requirements and procedures utilized to select and dispatch emergency workers.

(h) Possess knowledge of dealing with the media, news releases, and information flow.

(i) Possess basic knowledge of the various types of maps used in air search and airborne disaster relief.

(j) Possess knowledge and training in dealing with family members of individuals in distressed situations.

(k) Possess knowledge in specific incident command system job descriptions that the individual is assigned to perform.

(2) The following are the basic qualifications for communications personnel:

(a) Be physically and mentally fit for the position assigned.

(b) Possess the knowledge and skills required of air search and rescue support workers.

(d) Possess knowledge of the various forms used in the incident command system with particular skills in those forms having to deal with communications.

(e) Possess knowledge of the various state laws, plans, and procedures used in the conduct of emergency air operations.

(f) Possess a Federal Communications Commission radio license for the class and type of equipment operated when the operation of a radio requires an operator license.

(g) For remote or isolated assignments be registered and qualified as an emergency worker in accordance with chapter 118-04 WAC or chapter 38.52 RCW.

(h) Possess knowledge in specific incident command system job descriptions that the individual is assigned to perform.

(3) The following are the basic qualifications for pilots and observers.

(a) Be physically and mentally fit for the position assigned.

(b) Possess the knowledge and skills required of air search and rescue support workers.

(d) Possess knowledge of the various forms used in the incident command system with particular skills in those forms having to deal with air operations.

(e) Possess knowledge of the various state laws, plans, and procedures used in the conduct of emergency air operations.

(f) Possess knowledge in specific incident command system job descriptions that the individual is assigned to perform.

(g) Possess knowledge and have training in the following aircrew specific items:

Search patterns and electronic search
Universal map system (UMS)
Navigation and position determination
Aircrew coordination
Communications procedures
Coordination with ground teams
Flight line operations
Weather
High altitude and terrain considerations
Mountain flying
Scanning techniques
Sighting characteristics
In-flight emergencies
Off-field landings
Survival, first aid, and safety
Flight plans
Incident Forms
State and regional disaster airlift (SARDA) and disaster relief plans
Reimbursement procedures
Dealing with the family and the press.

(4) In addition to the knowledge and skill requirements of 3 above, pilots must meet the following qualifications and skill levels.

(a) Hold a private pilots license or above issued by Federal Aviation Administration.

(b) Hold a current and valid medical certificate issued by a Federal Aviation Administration authorized Airman Medical Examiner (AME).

(d) Have logged at least two hundred hours of total flight time for flat land (altitudes below five thousand feet) search pilot operations. Have logged at least five hundred hours of total flight time for all other search and rescue assignments.

(e) Have completed flight training with a search pilot instructor appointed or approved by the aviation division.

(5) Ground electronic beacon (emergency locator transmitters and emergency position indicating radio beacon) direction finding personnel will receive training and demonstrate proficiency in the principles of emergency beacon transmitters, proper procedures for direction finding (DF) and legal responsibilities. The training shall consist of at least the following:

(a) Principles of transmission, causes of distortion, interference, and blockage of signals.

(b) DF principles involving hand-held direction finders as well as working with only radio receivers.

(d) Map reading and interpretation.

(e) Legal responsibilities and restrictions upon finding a transmitter.

(f) When required be qualified and registered in accordance with chapter 118-04 WAC.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-120, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-160 Establishment of state standards.

Additional state standards may be established for classes of individual emergency workers involved in air search and rescue and air responses to disaster situations. Upon establishment of any such state standards, training programs within the state shall, at a minimum, comply with these standards.

History

Statutory Authority: Chapter 47.68 RCW. WSR 97-03-064 (Order 167), § 468-200-160, filed 1/13/97, effective 2/13/97
WSR 96-02-067 (Order 160), § 468-200-160, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-180 Responsibilities of authorized officials using emergency workers.

(1) Authorized officials using emergency workers have the responsibility to ensure those emergency workers meet basic qualifications as stated in these rules. Authorized officials organizing and using emergency workers are responsible for assembling the proper combination of emergency workers with the skills and abilities to accomplish the mission being undertaken. It is acknowledged that authorized officials must use judgment and experience in assessing the scene and the requirements for the missions.

(2) Authorized officials may also require emergency workers to demonstrate proficiency in the skills required to carry out their assignments.

(3) Authorized officials shall ensure that all emergency workers are aware of their duty to comply with the personal responsibilities contained in WAC 468-200-200. This shall be accomplished at the time of registration with the aviation division and should be reemphasized to the worker at periodic intervals.

(4) The state recognizes that many situations to which emergency workers are asked to respond are inherently hazardous. It is incumbent upon authorized officials utilizing emergency workers to ensure that workers are not needlessly endangered in mission activities or training events. The emergency worker must also recognize potentially hazardous operations and not accept the assignment unless the worker is confident that their training and skill level will allow the task to be accomplished safely.

(5) All prudent and reasonable safety procedures, techniques, equipment, and expertise shall be used to ensure the safety of emergency workers at all times while going to, preparing for, performing, recovering from, and returning from, missions or training events.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-180, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-200 Personal responsibilities of emergency workers.

(1) Emergency workers shall be responsible to certify to the authorized officials registering them and using their services that they are aware of and will comply with all applicable responsibilities and requirements set forth in these rules.

(a) Emergency workers have the responsibility to notify the on-scene authorized official if they have been using any medical prescription or other drug that has the potential to render them impaired, unfit, or unable to carry out their emergency assignment.

(b) Participation by emergency workers in any mission, training event, or other authorized activity while under the influence of or while using narcotics or any illegal controlled substance is prohibited.

(c) Participation by emergency workers in any mission, training event, or other authorized activity while under the influence of alcohol is prohibited.

(d) Emergency workers participating in any mission, training event, or other authorized activity shall possess a valid operator's license if they are assigned to operate vehicles, vessels, or aircraft during the mission unless specifically directed otherwise by an authorized official in accordance with RCW 38.52.180. All emergency workers driving vehicles to or from a mission must possess a valid driver's license and required insurance.

(e) Use of private vehicles by emergency workers in any mission, training event, or other authorized activity without liability insurance required by chapter 46.29 RCW is prohibited unless specifically directed otherwise by an authorized official in accordance with RCW 38.52.180.

(f) Emergency workers shall adhere to all applicable traffic regulations during any mission, training event, or other authorized activity. This provision does not apply to individuals who have completed the emergency vehicles operator course or the emergency vehicle accident prevention course and are duly authorized under state law to use special driving skills and equipment and who do so at the direction of an authorized official.

(2) Emergency workers have the responsibility to comply with all other requirements as determined by the authorized official using their services.

(3) When reporting to the scene, emergency workers have the responsibility to inform the on-scene authorized official whether they are mentally and physically fit for their assigned duties. Emergency workers reporting as not fit for currently assigned duties may request a less demanding assignment that is appropriate to their current capabilities.

(4) Emergency workers have the responsibility to check in with the appropriate on-scene official and to complete all required recordkeeping and reporting.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-200, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-220 Conduct of training.

All training will be conducted by the aviation division utilizing employees of the aviation division or volunteer instructors approved by the aviation division. Courses taught for qualification under this chapter will be those courses prepared or approved by the aviation division. Personnel seeking qualification under chapter 118-04 WAC will comply with the requirements established by chapter 118-04 WAC and imposed by the county of registration if registered in accordance with chapter 38.52 RCW. Organizations which desire to establish separate training programs for training that exceeds the requirements of this regulation are free to do so. Only the training required by this regulation shall be under the control of the aviation division. Course material, curriculum, and instructors will be those approved by the aviation division. The aviation division will prepare, and supply on request, information and guidelines for the selection of instructors, preparation of courses and conduct of training.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-220, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-230 Selection of resources—Mission.

The selection of resources for a mission shall reside solely with the appointed incident commander. The aviation division receives information about a potential mission or airborne disaster relief response from a variety of sources. The incident commander will review the known information and assess the type of response which is appropriate for the mission. The incident commander will, after reviewing the information at hand decide whether the mission calls for a limited or full response. Limited response type missions include, but are not limited to:

(1) Electronic beacons (EPIRBS, ELTS, etc.).

(2) Reported sightings of a possible downed aircraft or aircraft in distress.

(3) Searches where evidence indicates the missing aircraft is confined to a limited search area.

(4) A multistate search where the search area under the responsibility of the state of Washington is a limited geographical area.

(5) The mission is one of transporting limited personnel or supplies.

(6) The flight is a damage assessment flight of a limited area. This does not preclude the local authorities from using local resources to conduct damage assessment.

(7) Weather or flight conditions make it unsafe or unwise to place more than a limited number of aircraft in the search area.

(8) Any condition where in the opinion of the incident commander it would be unwise to commit additional aircraft.

In the case of limited response missions the incident commander shall select those individuals or organizations needed to support the mission. With the large number of qualified search and rescue volunteers and organizations in the state, not everyone will get called to support a limited specific mission.

After review of the information or at anytime during the execution of a mission, the incident commander may deem it necessary to go beyond a limited mission and in fact make it a major mission. At that time the incident commander, utilizing the call out and alert system established by the aviation division, will request the support and participation of additional registered volunteers and organizations.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-230, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-240 Staffing and conduct of the mission.

The state of Washington, and the department of transportation have adopted the incident command system (ICS) of emergency response missions. All training and actual missions operated under the authority of chapter 47.68 RCW and this chapter shall be conducted using the incident command system (ICS) of mission management. The incident commander for any mission will be appointed by the director of the aviation division or his/her designee. The incident commander will appoint mission staff from the ranks of individuals who are qualified to staff those positions. The assignment of incident command system positions will be done without regard to membership in any organization.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-240, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-250 Mission number requests.

The incident commander, after making a decision on what resources are required, will seek an appropriate mission number assignment required by the responding organization. For the support of those emergency workers covered under chapter 38.52 RCW or chapter 118-04 WAC the incident commander will contact the Washington state military department, emergency management division, to obtain a state of Washington mission number. For missions where a Federal Mission Number is required, DOD (active duty, reserve, and Guard components) Federal non-DOD (FCC, Customs, etc.) and Civil Air Patrol, the incident commander will contact the United States Air Force Rescue Coordination Center for issuance of a mission number.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-250, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-260 Participation in training and operational missions.

The conduct of aerial search and rescue and airborne disaster relief operations is a difficult and demanding task. In order to facilitate effective and efficient operations it is necessary that the incident commander has the full support and cooperation of all individuals participating. To that end the incident commander shall have the sole authority to determine whether or not an individual may participate in a mission. The incident commander may remove an individual or otherwise exclude an individual for any of the following reasons:

(1) Individual does not meet the established criteria, training, or knowledge requirements of this regulation.

(2) Individual is not mentally or physically fit to perform assigned duties.

(3) Individual refuses to comply with instructions from appointed ICS authorities.

(4) Individual is disruptive to the order of the mission.

(5) Individual is not checked in on the mission and is a nonparticipant.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-260, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-280 Unauthorized conduct of search and rescue missions.

Any individual or organization that falls under the authority of chapter 47.68 RCW or this chapter that conducts search and rescue operations without the authority or direction of the incident commander shall have their registration rescinded and shall be prohibited from future participation in search and rescue and airborne disaster relief operations for a period not to exceed one year. The time shall be determined by the director of aviation.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-280, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-300 Records requirements.

Air search and rescue operations conducted under the authority of chapter 47.68 RCW and this chapter are the sole responsibility of the aviation division. All administrative recordkeeping, dispatch records, assignment sheets, action plans, and all other documents generated in the search, training event, or airborne response to a disaster will meet the following requirements:

(1) All forms used shall be forms provided by and authorized by the aviation division. These forms will comply with the tenets of the incident command system with modifications as authorized by the aviation division;

(2) All personnel, regardless of agency or organization shall check in and be placed on rosters provided and controlled by the aviation division;

(3) All assignments, plans, information, logs, etc., shall be on the forms as supplied by the aviation division;

(4) Organizations or personnel wishing to use their own forms for organization recordkeeping may. However the official forms of the mission are those which are supplied by the aviation division and those forms will be used by all who participate;

(5) Personnel responding to support a local jurisdiction mission (conducted in accordance with chapter 38.52 RCW and chapter 118-04 WAC) shall also check in on forms being maintained by the local authority.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-300, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-320 Records repository and retention.

Air search and rescue conducted under chapter 47.68 RCW and airborne disaster relief efforts conducted under the state comprehensive emergency management plan, the department of transportation emergency response plan, or the state and regional disaster airlift plan are the statutory responsibility of the aviation division. All records, reports, rosters, dispatch records, notes, logs, lead sheets, or any other written documents of the air search or airborne disaster relief are the property of the state of Washington. All said records will be submitted to the aviation division prior to or at the close of the mission. The aviation division shall maintain said records at the principle offices of the aviation division.

The aviation division will make copies of any and all records needed by any participating organization. Records will be reproduced within five working days of the close of a mission and mailed to any participating organization requesting same.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-320, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-340 Memorandum of understanding agreements.

The director of aviation may enter into memorandum of understanding (MOU) agreements or other written documents amplifying or clarifying responsibilities and procedures. These written agreements may be entered into with agencies of the federal government, other state agencies, agencies of political subdivisions of the state of Washington or with support or volunteer organizations. Nothing in those agreements shall change the rules adopted by this chapter.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-340, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-350 Appeal procedure.

Any individual who or organization which feels that the provisions of this chapter have not been fairly or equitably administered may appeal, in writing, to the director of aviation. The director will review the complaint and respond within thirty days. Appeals generally will be limited to training, certification, and registration matters. Due to the nature of emergency response the decision of the appointed incident commander on any emergency response mission shall be final. Organizations and individuals may seek a meeting with the director of aviation after the incident for future review and clarification.

History

Statutory Authority: Chapter 47.68 RCW. WSR 97-03-064 (Order 167), § 468-200-350, filed 1/13/97, effective 2/13/97
WSR 96-02-067 (Order 160), § 468-200-350, filed 1/3/96, effective 2/3/96.

Wash. Admin. Code § 468-200-360 Severability.

If any provisions of this chapter is held invalid, the remainder of the rule is not affected.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-360, filed 1/3/96, effective 2/3/96.

Chapter 468-230 Commercial airports.

Wash. Admin. Code § 468-230-050 Regulations for the prevention and control of fires and fire hazards of airports and heliports.

Reviser's note: On November 26, 1965, the Washington aeronautics commission filed with the code reviser's office the May 1962 edition of the N.F.P.A. Suggestions for Aircraft Rescue and Firefighting Services at Airports and Heliports #403, as Regulation No. 3 of their department to supersede previous Regulation No. 3 which was codified as WAC 12-20-010 through 12-20-040.

By authority of RCW 34.04.050(3) the aforementioned pamphlet has been omitted from this code, but copies may be obtained from the Washington Aeronautics Commission office at the Civil Defense Building, Martin Way, Olympia, Washington.

Chapter 468-240 Obstruction marking and lighting.

Wash. Admin. Code § 468-240-002 Foreword.

(1) The purpose of this publication is to provide state, municipal governments, private industry and interested persons with important information and guidance in connection with the marking and lighting of natural and manmade objects which are, or may become, hazards to the safe operation of aircraft.

(2) Included in the text are the state standards prescribed for the marking and lighting of obstruction to air navigation.

(3) In the appendix (WAC 12-24-350 - 12-24-380) will be found the texts of laws and regulations regarding existing or proposed objects which may present hazards to aircraft operations, and also important information to provide guidance in complying with these texts of laws and regulations.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-002, filed 8/13/96, effective 9/13/96
Obstruction marking and lighting standards, foreword, filed 9/13/61.

Wash. Admin. Code § 468-240-005 Introduction.

(1) The Washington state aeronautics commission has the statutory responsibility of promoting safety in aeronautics and enforcing safety rules, regulations and standards. In the light of this responsibility, the Washington state aeronautics commission is vitally concerned with any object which may be a hazard to the safe operation of aircraft and the enforcement of state obstruction and marking law. Consequently, it has a primary responsibility in the determination of whether an existing or proposed object is, or will become, such a hazard.

(2) In order to provide uniform criteria to determine whether an object is, or will be, an obstruction to air navigation, the Washington state aeronautics commission has issued state standards for determining obstructions to air navigation. Natural or manmade objects or portions thereof, both temporary and permanent, which have been determined, through the application of these standards, to be obstructions and all manmade objects, or portions thereof, greater than 150 feet in over-all height above ground, or water if so situated, should be marked and/or lighted in accordance with the applicable standards hereinafter described, unless aeronautical study indicates that the absence of such marking and/or lighting will not impair safety in air navigation. Existing nonstandard obstruction marking and lighting installations should be replaced or modified so as to conform with these standards as soon as practicable.

(3) The standards for marking and lighting obstructions prescribed in this publication are designed to provide the most effective means of indicating the presence of obstructions to pilots. In many instances the obstruction may be so located in reference to other objects or the contour of the ground, that the specific standard need be applied to its upper part only. Similarly, the obstruction may be so removed from the general flow of air traffic or may be so conspicuous by its shape, size or color that obstruction marking would serve no useful purpose and would be unnecessary. Furthermore, the obstruction may present such a hazard that lighting should be provided similar to that for an obstruction of a greater height. Portions of obstructions that are shielded by surrounding objects need not be marked or lighted, but the surrounding objects should be marked and lighted.

(4) Because of the many influencing elements, the Washington state aeronautics commission may modify the obstruction marking and lighting standards hereinafter described when aeronautical study has indicated that a change or modification is necessary to provide adequate protection for aeronautics.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-005, filed 8/13/96, effective 9/13/96
O.M.&L. standards, introduction, filed 9/13/61.

Wash. Admin. Code § 468-240-025 General.

(1) The purpose of marking an obstruction which presents a hazard to aeronautics is to warn airmen during the hours of daylight of the presence of such an obstruction. To accomplish this objective, it may be necessary to color such an obstruction so that it will be visible from aircraft at any normal angle of approach, or to indicate the general definition and location of the obstruction by use of suitable markers or flags.

(2) When the upper part of only a portion of a structure or similar extensive obstruction projects above an obstruction determining surface, as described in state standards, that portion only need be obstruction marked and the point or edge of it highest in relation to the obstruction determining surface should be regarded as the "top of the obstruction." In certain cases, however, such as when the obstruction determining surface concerned is an approach or transition surface (i.e., sloping) this point or edge highest in relation to the obstruction determining surface may not be the highest point or edge above a horizontal plane passing through the base of the object. In such cases, those portions of the object, the upper parts of which are higher above a horizontal plane passing through the base of the object than the upper part considered as the "top of the obstruction," should also be obstruction marked.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-025, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-030 Marking of vehicles.

Vehicles customarily used on landing areas should be marked in accordance with the provisions of F.A.A. technical standard order TSO-N4, Army-Navy-Civil uniform requirements for the marking of vehicles used on landing areas.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-030, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-035 Marking of natural and manmade obstructions.

(1) Use of markers. Markers should be used to mark obstructions when it has been determined that it is impracticable to mark such obstructions by use of surface colors, or it has been determined that markers should be used to provide protection for aeronautics in addition to that provided by the application of aviation surface orange and white colors.

(2) General application. Markers used to mark obstructions should be displayed on or adjacent to the obstruction in conspicuous positions so as to retain the general definition of the obstruction. The size of such marker shall be a visible surface from all directions not less than that of a 36 inch sphere the length of which shall not exceed twice its median width: Provided, however, That the commission may approve a nonconforming marker.

(3) Shape. The shape of such markers should be distinctive to the extent necessary to insure that they are not mistaken for markers employed to convey other information, and they should be such that the hazard presented by the obstruction they mark is not increased.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-035, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-040 Flags.

(1) Flags may be used to mark obstructions when it has been determined that marking such obstructions by coloring or by markers is technically impracticable.

(2) The flags should be displayed around or on top of the obstruction or around its highest edge and should not increase the hazard presented by the obstruction they mark. When flags are used to mark extensive obstructions or groups of closely spaced obstructions, they should be displayed at approximately 50 foot intervals.

(3) The flags should be rectangular in shape and have stiffeners to keep them from drooping in calm or light wind. The flag stakes should be of such strength and height that they will support the flags free of the ground, vegetation, or nearby surfaces.

(4) The flags should be in accordance with one of the following patterns:

(a) Solid color aviation surface orange not less than two feet on a side.

(b) Two triangular sections, one of aviation surface orange and the other of aviation surface white, combined to form a rectangle not less than two feet on a side.

(c) A checkerboard pattern of aviation surface orange and aviation surface white squares, each one foot plus or minus 10 percent on a side, combined to form a rectangle not less than three feet on a side.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-040, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-045 Colors.

(1) Maximum visibility of obstructions by contrast in colors can best be obtained by the use of aviation surface orange and white. Paints and enamels of these colors have been developed for use by government agencies and private industry in marking obstructions to air navigation. In marking, either the aviation surface orange paint or enamel may be used as preferred.

(2) The painted surfaces of obstructions should be cleaned or repainted as often as necessary to maintain good visibility.

(3) If the smooth surface of the paint on the ladders, decks, and walkways of certain types of steel towers and similar structures presents a potential danger to maintenance personnel, such surfaces need not be painted. However, the omission of paint should be restricted to actual surfaces the painting of which will present a hazard to maintenance personnel, and care should be taken that the over-all marking effect of the painting is not reduced.

(4) Solid. Obstructions the projection of which on any vertical plane has both dimensions less than 5 feet should be colored aviation surface orange.

(5) Bands.

(a) Towers, poles, smokestacks and similar obstructions, as well as buildings of certain shape and dimensions, having essentially unbroken surfaces the projection of which on any vertical plane is 5 feet or more in one dimension and is less than 15 feet in the other dimension, and any skeleton or smokestack type obstruction having both dimensions 5 feet or more, should be colored to show alternate bands of aviation surface orange and white.

(b) The bands should be perpendicular to the major axis of the obstruction with the band at each end colored aviation surface orange. The widths of the bands should be equal and the width of each band should be approximately one-seventh of the length of the major axis of the obstruction, provided that each band shall have a width of not more than 40 feet nor less 1 1/2 feet. If it is technically impracticable to color the roof of a building to show alternate bands of aviation surface orange and white, such roof may be colored aviation surface orange.

(6) Checkerboard pattern.

(a) Water towers, grain elevators, gas holders, and similar obstructions, as well as buildings of certain shape and dimensions, having essentially unbroken surfaces the projection of which on any vertical plane is 15 feet or more in both dimensions, should have their top and vertical surfaces colored to show a checkerboard pattern of alternate rectangles of aviation surface orange and white. If it is technically impracticable to color the roof of a building to show alternate rectangles of aviation surface orange and white, such roof may be colored aviation surface orange.

(b) The sides of the rectangles should measure not less than 5 feet nor more than 20 feet. The rectangles at the corners of surfaces should be colored aviation surface orange.

(c) If a part of a water tower, gas holder, building, or similar obstruction consists of a skeleton type construction, that portion of the obstruction should be colored with alternate bands of aviation surface orange and white as specified for towers, poles, smokestacks and similar obstructions. In this case, if the portion of the obstruction, which is to be colored to show a checkerboard pattern of alternate rectangles of aviation surface orange and white, has any surfaces the projection of which on any vertical plane is less than 15 feet in either dimension, the alternate rectangles of aviation surface orange and white may have dimensions of less than 5 feet on a side, provided their dimensions remain as close as is practicable to the minimum 5 feet specified for coloring by the checkerboard pattern.

(7) If the size and shape of water towers, grain elevators, gas holders and similar obstructions come within the dimensions set forth under the specification for coloring by bands; or if their type of construction does not permit coloring by the checkerboard pattern as hereinbefore described, then such obstructions should be colored by bands as specified for towers, poles, smokestacks and similar obstructions. Where this method of coloring is employed, the top aviation surface orange band should be continued from the vertical surface so as to cover the entire top of the obstruction.

(8) If a part, or all, of certain obstructions such as water towers and gas holders of spherical shape does not permit the exact application of the checkerboard pattern of coloring, then the shape of the alternate rectangles of aviation surface orange and white covering the spherical shape may be modified to fit the particular shape of the structural surface, provided the dimensions of these modified rectangles remain to the extent practicable within the dimensional limits set forth in the specifications for coloring by the checkerboard pattern.

(9) If certain obstructions such as gas holders and grain elevators are of such large size that the application of the checkerboard pattern of coloring to the complete outer surface of the structure would be impracticable, the application of the checkerboard pattern of coloring may be limited to the upper one-third of the structure, provided aeronautical study indicates that the modified marking will provide adequate protection for air navigation.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-045, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-050 Marking overhead lines.

Overhead lines and cables required to be marked under the provisions of RCW 14.04.340 - 14.04.360, shall be marked by placing a marker as described in WAC 12-24-035(2) at least every 150 feet on, or within 30 feet of such lines or cables. See "marking of lines and cables or similar obstructions" (WAC 12-24-380(12)).

Such markers shall be colored international orange equivalent to federal specifications TT-P-59 or TT-E-489.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-050, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-105 General.

(1) The purpose of lighting an obstruction which presents a hazard to air commerce is to warn airmen during the hours of darkness and during periods of limited daytime light intensity of the presence of such an obstruction. To accomplish this objective, it is necessary to provide adequate lighting on the obstruction in a manner which assures visibility of such lighting from aircraft at any normal angle of approach. In determining the proper amount of obstruction lighting to adequately mark an obstruction, the mean elevation of the top of the building in closely built-up areas may be used as the equivalent of the ground level.

(2) The top light, or lights, displayed on an obstruction should be installed so as to mark the points or edges of the obstruction highest in relation to an obstruction determining surface, except that when no obstruction determining surface is involved, such top light, or lights, should be installed on the points or edges of the obstruction highest in relation to the ground, or water if so situated. If two or more edges of an extended obstruction located near a landing area are of the same height, the edge nearest the landing area should be lighted.

(3) When the upper part of only a portion of a building or similar extensive object projects above an obstruction determining surface, that portion only need be obstruction lighted and the point or edge of it highest in relation to the obstruction determining surface should be regarded as the "top of the obstruction." In certain cases, however, such as when the obstruction determining surface concerned is an approach or transition surface (i.e., sloping) this point or edge highest in relation to the obstruction determining surface may not be the highest above a horizontal plane passing through the base of the object. In such cases, additional obstruction lights should be placed on the highest part of the object as well as on the point or edge highest in relation to the obstruction determining surface.

(4) If a light, or lights, which is installed on an obstruction is shielded in any direction by an adjacent object, additional lights should be mounted on that object in such a way as to retain the general definition of the obstruction, the shielded light, or lights, being omitted if it does not contribute to the definition of the obstruction.

(5) Obstruction lights and hazard beacons should be operated at all times when the center of the sun's disc is 6° or more below the horizon and during periods of restricted visibility. They may also be operated at such other times as considered desirable. For the purpose of this standard, the term "sunset to sunrise" shall be generally regarded as that period when the center of the sun's disc is 6° or more below the horizon.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-105, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-110 Special day lighting.

The display of flashing or steady burning lights on an obstruction during daylight hours, for the purpose of warning airmen of the presence of such an obstruction, may be prescribed under certain conditions. The foregoing day lighting is intended to provide protection in addition to that provided by the applicable marking standard hereinbefore described.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-110, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-115 Temporary warning lights.

When an obstruction to air navigation is presented during construction of a structure at least two lights, each light consisting of a lamp of at least 100 watts enclosed in an aviation red obstruction light globe, should be installed at the uppermost point of the structure. In addition, as the height of the structure exceeds each level at which permanent obstruction lights will be required, two similar lights should be installed at each such level. These temporary warning lights should be displayed nightly from sunset to sunrise until the permanent obstruction lights have been installed and placed in operation, and should be positioned so as to insure unobstructed visibility of at least one of the lights at each level from aircraft at any normal angle of approach. It will be permissible, in the event it is more practicable, to install and operate the permanent obstruction lighting fixtures at each required level, in lieu of the above temporary warning lights, as each such level is exceeded in height during construction.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-115, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-120 Operation of obstruction lighting.

(1) The operation of obstruction lighting installed on obstructions of an over-all height greater than 150 feet above ground, or water if so situated, should be controlled by a light sensitive control device adjusted so that the lights will be turned on at a north sky light intensity level of about 35 foot-candles and turned off at a north sky light intensity level of about 58 foot-candles, or should be continuous.

(2) Under normal conditions, where no special means of controlling obstruction lighting has been recommended, either a light sensitive control device or an astronomic dial clock and time switch may be used to control the obstruction lighting in lieu of manual control.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-120, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-125 Inspection of obstruction lighting.

Obstruction lighting should be visually observed at least once each 24 hours, or checked by observing an automatic and properly maintained indicator designed to register any failure of such lights, to insure that all such lights are functioning properly as required. In the event the obstruction lighting is not readily accessible for the above observation at least once each 24 hours, an automatic alarm system designed to detect any failure of such lights may be installed to replace the normally required visual inspection. The commission will not object to excluding the side or intermediate obstruction lights on an obstruction from the alarm circuit, provided the signaling device will indicate malfunctioning of all flashing and rotating beacons regardless of their position on the obstruction, and of all top lights; and that all obstruction lights mounted on the obstruction are visually inspected at least once every two weeks, with all lamps being replaced at regular intervals after being lighted the equivalent of not more then 75 percent of their normal life expectancy.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-125, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-130 Notification of light failure.

(1) Any observed or otherwise known extinguishment of improper functioning of a marker light, regardless of its position on a manmade obstruction, which will last more than 30 minutes and any observed or otherwise known extinguishment or improper functioning of a steady burning obstruction light, installed at the top or near top of any natural or manmade obstruction, which will last more than 30 minutes should be immediately reported. Such reports should be made by telephone or telegraph to the nearest airways communications station or office of Washington state aeronautics commission and should set forth the condition of the light, or lights, the circumstance which caused the failure and the probable date that normal operation will be resumed. Further notification by telephone or telegraph should be given immediately upon resumption of normal operation by the light, or lights.

(2) Any extinguishment or improper functioning of a steady burning side or intermediate light, or lights, installed on a natural or manmade obstruction should be corrected as soon as possible, but notification of such extinguishment or improper functioning is not necessary.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-130, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-135 Color of lighting.

The signal emitted by hazard beacons and obstruction lights shall be aviation red in color.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-135, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-140 Light distribution.

The vertical and horizontal light distribution of the fixed obstruction lights should meet the requirements specified in the pertinent specifications listed in this publication. The vertical light distribution of the flashing and rotating hazard beacons should be such that the time-intensity integral of the flashes at angles between one degree and three degrees above the horizontal is not less than the candle-seconds values specified hereinbefore under "intensity of lighting," and the time-intensity integral at angles between three degrees and fifteen degrees above the horizontal is not less than the product of these candle-seconds values multiplied by nine over the square of the numerical value in degrees of the angle above the horizontal.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-140, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-145 Rated lamp voltage.

In order to provide satisfactory output by obstruction lights, the rated voltage of the lamp used should, in each case, correspond to or be within 3 percent higher than the average voltage across the lamp during the normal hours of operation.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-145, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-150 Flashing of lights.

If the flashing mechanism in obstruction lighting circuits is installed so as to make it necessary for the lights to flash, the simultaneous flashing of all lights will be permissible.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-150, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-155 Intensity of lighting.

The intensity of fixed obstruction lights should be not less than ten candles of aviation red light.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-155, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-160 Interference with railway signals.

Where obstruction lighting is installed on obstructions which are located along or near railroad rights of way and thereby constitutes a potential hazard to the safe operation of railway trains, extreme care should be taken to prevent any possibility of these obstructions lights being mistaken by locomotive engineers for railway signal lights. Shielding of the obstruction lights from the view of the locomotive engineers, if practicable, should be considered; the fixed lights on the obstruction may be made to flash; or the lights at the lower levels of the obstruction may be extinguished if their extinguishment does not materially increase the hazard to air navigation caused by the presence of the obstruction.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-160, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-165 Obstruction lighting by nonstandard lights.

Obstruction lighting installations may utilize incandescent lamps other than those specified under the recommended lamp equipment, gaseous tubes such as neon tubes, or any method other than the conventional incandescent lamps, provided such lighting installations offer equal or greater light intensity in all angles of azimuth and elevation than that specified for standard obstruction light assemblies, afford equal or greater dependability of operation, and possess the color characteristics prescribed in the following specifications.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-165, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-170 Obstruction lighting equipment—Specifications and drawings.

The lighting equipment, paint and aviation colors referred to in the standards set forth in this publication should conform with the applicable provisions of the following specifications and their related drawings:

(1) Double and single obstruction lights.

(a) Military specification MIL-L-7830.

(b) F.A.A. specification L-810 specification for obstruction light.

(2) Covers for aeronautical lights.

(a) Military specification MIL-C-7989 covers; light-transmitting (for aeronautical lights).

(3) Aviation colors.

(a) Air Force-Navy aeronautical specification AN-C-56 colors; aeronautical lights and lighting equipment.

(b) Federal specification TT-C-595 color guide; ready mixed paint.

(i) Orange no. 1205 (aviation surface orange).

(4) Aviation surface paint.

(a) Federal specification TT-P-59 aviation surface orange paint (international orange).

(b) Federal specification TT-E-489 aviation surface orange enamel (international orange).

(5) Air Force-Navy aeronautical standard drawings.

(a) AN2541 Globe—Marker lamp.

(b) AN2547 Fitting assembly—Marker lamp.

(6) Disconnecting obstruction light.

(a) Air Force-Navy aeronautical specification AN-L-31 lamp assembly—Disconnecting obstruction marker.

(7) Recommended lamp equipment.

Multiple circuits

| Watts | | Base | Lamp | Fila- ment | L.C.L. inches | Type | | | --- | --- | --- | --- | --- | --- | --- | --- | | 100 | | Med. screw | A-21 clear | C-9 | 2 7/16 | Traffic signal | | | 100 | | Med. pfc. | A-21 clear | CC-2V | 2 3/4 | Obstruction | | | 100 | | Sc. term | PAR-56, clear | C-6 | . . . . | | Airway beacon | | *111 | | Med. sc. | A-21 clear | C-9 | 2 7/16 | Obstruction | | | 500 | | Mog. pfc. | PS-40 clear | C-7A. | 5 11/16 | Code beacon | | | 500 | | Med. bip. | T-20 clear | C-13B | 3 | Airway beacon | | | **620 | | Mog. pfc. | PS-40 clear | C-7A | 5 11/16 | Code beacon | | | 1000 | | Mog.bip. | T-20 clear | C-13 | 4 | Airway beacon | | | 1500 | | Mog.bip. | T-24 clear(32v) | C-5 | 4 | Airway beacon | |

Series circuit

| Lumens | | Base | Lamp | Fila- ment | L.C.L. inches | Type | | --- | --- | --- | --- | --- | --- | --- | | 1020 | | Med. pfc. | A-21 clear | C-8 | 2 3/4 | Obstruction |

| * | | Has same lumen output as 100-watt but designed for 3000 hours life. | | --- | --- | --- | | ** | | Has same lumen output as 500-watt but designed for 3000 hours life. | | Note: | | Copies of military specifications and air force-navy aeronautical specifications or drawings can be obtained by contacting Commanding General, Air Material Command, Wright Field, Dayton, Ohio, or the Bureau of Aeronautics, Department of the Navy, Washington 25, D.C. Copies of F.A.A. specifications and information concerning air force-navy aeronautical specifications and federal specifications can be obtained from the Office of Federal Airways, F.A.A. Washington 25, D.C. |

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-170, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-175 Obstruction lighting standards—Towers, poles, and similar obstructions.

Towers, poles and similar obstructions should be lighted in accordance with the following specifications:

(1) Specification "A-1." When the particular obstruction is not more than 150 feet in over-all height above ground, or water if so situated.

(a) There should be installed at the top of the obstruction at least two lights, each light consisting of a lamp of at least 100 watts enclosed in aviation red obstruction light globes. These lights should burn simultaneously and should be positioned so as to insure unobstructed visibility of at least one of the lights from aircraft at any normal angle of approach.

(2) Specification "A-2." When the particular obstruction is more than 150 feet but not more than 300 feet in over-all height above ground, or water if so situated.

(a) There should be installed at the top of the obstruction a flashing 300 mm electric code beacon equipped with two lamps and aviation red color filters. The two lamps of the beacon should burn simultaneously and each lamp should be at least 500 watts. Where a rod or other construction of not more than 20 feet in height and incapable of supporting this beacon is mounted on top of the obstruction and it is determined that this additional construction does not permit unobstructed visibility of the code beacon from aircraft at any normal angle of approach, there should be installed two such beacons positioned so as to insure unobstructed visibility of at least one of the beacons at any normal angle of approach.

(b) At the approximate mid point of the over-all height of the obstruction, there should be installed at least two lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. Each light should be placed on diagonally or diametrically opposite positions of the obstruction and mounted so as to insure unobstructed visibility of at least one light from aircraft at any normal angle of approach.

(c) In case of a triangular or rectangular shaped tower, the lights at the mid level should be mounted so as to insure unobstructed visibility of at least one light from aircraft at any normal angle of approach, or a light should be installed on each corner of the tower at this level.

(3) Specification "A-3." When the particular obstruction is more than 300 feet but not more than 450 feet in over-all height above ground, or water if so situated.

(a) There should be installed at the top of the obstruction a flashing 300 mm electric code beacon equipped with two lamps and aviation red color filters. The two lamps of the beacon should burn simultaneously and each should be at least 500 watts. Where a rod or other construction of not more than 20 feet in height and incapable of supporting this beacon is mounted on top of the obstruction and it is determined that this additional construction does not permit unobstructed visibility of the code beacon from aircraft at any normal angle of approach, there should be installed two such beacons positioned so as to insure unobstructed visibility of at least one of the beacons from aircraft at any normal angle of approach.

(b) On levels at approximately two-thirds and one-third or the over-all height of the obstruction, there should be installed at least two lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. Each light should be placed on diagonally or diametrically opposite positions of the obstruction and mounted so as to insure unobstructed visibility of at least one light at each level from aircraft at any normal angle of approach.

(c) In case of a triangular or rectangular shaped tower, the lights at the two-thirds and one-third levels should be mounted so as to insure unobstructed visibility of at least one light on each level from aircraft at any normal angle of approach, or a light should be installed on each corner of the obstruction at each level.

(4) Specification "A-4." When the particular obstruction is more than 450 feet but not more than 600 feet in over-all height above ground, or water if so situated.

(a) There should be installed at the top of the obstruction a flashing 300 mm electric code beacon equipped with two lamps and aviation red color filters. The two lamps of the beacon should burn simultaneously and each should be at least 500 watts. Where a rod or other construction of not more than 20 feet in height and incapable of supporting this beacon is mounted on top of the obstruction and it is determined that this additional construction does not permit unobstructed visibility of the code beacon from aircraft at any normal angle of approach, there should be installed two such beacons positioned so as to insure unobstructed visibility of at least one of the beacons from aircraft at any normal angle of approach.

(b) At approximately one-half of the over-all height of the obstruction, a similar flashing 300 mm electric code beacon should be installed in such a position within the obstruction proper that the structural members will not impair visibility of this beacon from aircraft at any normal angle of approach. In the event this beacon cannot be installed in a manner to insure unobstructed visibility of it from aircraft at any normal angle of approach, there should be installed two such beacons. Each beacon should be mounted on the outside of diagonally opposite corners or opposite sides of the obstruction at the prescribed height.

(c) On levels of approximately three-fourths and one-fourth of the over-all height of the obstruction one or more lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes, should be installed on each outside corner of the obstruction at each level.

(5) Specification "A-5." When the particular obstruction is more than 600 feet but not more than 750 feet in over-all height above ground, or water if so situated.

(a) There should be installed at the top of the obstruction a flashing 300 mm electric code beacon equipped with two lamps and aviation red color filters. The two lamps of the beacon should burn simultaneously and each should be at least 500 watts. Where a rod or other construction of not more than 20 feet in height and incapable of supporting this beacon is mounted on top of the obstruction and it is determined that this additional construction does not permit unobstructed visibility of the code beacon from aircraft at any normal angle of approach, there should be installed two such beacons positioned so as to insure unobstructed visibility of at least one of the beacons from aircraft at any normal angle of approach.

(b) At approximately two-fifths of the over-all height of the obstruction, a similar flashing 300 mm electric code beacon should be installed in such a position within the obstruction proper that the structural members will not impair visibility of this beacon from aircraft at any normal angle of approach. In the event this code beacon cannot be installed in a manner to insure unobstructed visibility from aircraft at any normal angle of approach, there should be installed two such beacons at this level. Each beacon should be mounted on the outside of diagonally opposite corners or opposite sides of the obstruction at the prescribed height.

(c) On levels at approximately four-fifths, three-fifths and one-fifth of the over-all height of the obstruction one or more lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes should be installed on each outside corner of the obstruction at each level.

(6) Specification "A-6." When the particular obstruction is more than 750 feet but not more than 900 feet in over-all height above ground, or water if so situated.

(b) Where a rod or other construction of not more than 20 feet in height and incapable of supporting this beacon is mounted on top of the obstruction and it is determined that this additional construction does not permit unobstructed visibility of the code beacon from aircraft at any normal angle of approach, there should be installed two such beacons positioned so as to insure unobstructed visibility of at least one of the beacons from aircraft at any normal angle of approach.

(c) At approximately two-thirds and at approximately one-third of the over-all height of the obstruction, a similar flashing 300 mm electric code beacon should be installed in such a position within the obstruction proper that the structural members will not impair visibility of this beacon from aircraft at any normal angle of approach. In the event these electric code beacons cannot be installed in a manner to insure unobstructed visibility from aircraft at any normal angle of approach, there should be installed two such beacons at each level. Each beacon should be mounted on the outside of diagonally opposite corners or opposite sides of the obstruction at the prescribed heights.

(d) On levels at approximately five-sixths, one-half and one-sixth of the over-all height of the obstruction one or more lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes should be installed on each outside corner of the obstruction at each level.

(7) Specification "A-7." When the particular obstruction is more than 900 feet but not more than 1050 feet in over-all height above ground, or water if so situated.

(a) There should be installed at the top of the obstruction a flashing 300 mm electric code beacon equipped with two lamps and aviation red color filters. The two lamps of the beacon should burn simultaneously and each should be at least 500 watts. Where a rod or other construction of not more than 20 feet in height and incapable of supporting this beacon is mounted on top of the obstruction and it is determined that this additional construction does not permit unobstructed visibility of the code beacon from aircraft at any normal angle of approach, there should be installed two such beacons positioned so as to insure unobstructed visibility of at least one of the beacons from aircraft at any normal angle of approach.

(b) At approximately four-sevenths, and at approximately two-sevenths of the over-all height of the obstruction, a similar flashing 300 mm electric code beacon should be installed in such a position within the obstruction proper that the structural members will not impair visibility of this beacon from aircraft at any normal angle of approach. In the event these electric code beacons cannot be installed in a manner to insure unobstructed visibility from aircraft at any normal angle of approach, there should be installed two such beacons at each level. Each beacon should be mounted on the outside of diagonally opposite corners or opposite sides of the obstruction at the prescribed heights.

(c) On levels at approximately six-sevenths, five-sevenths, three-sevenths and one-seventh of the over-all height of the obstruction one or more lights consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes should be installed on each outside corner of the obstruction at each level.

(8) Specification "A-8." When the particular obstruction is more than 1050 feet but not more than 1200 feet in over-all height above ground, or water if so situated.

(a) There should be installed at the top of the obstruction a flashing 300 mm electric code beacon equipped with two lamps and aviation red color filters. The two lamps of the beacon should burn simultaneously and each should be at least 500 watts. Where a rod or other construction of not more than 20 feet in height and incapable of supporting this beacon is mounted on top of the obstruction and it is determined that this additional construction does not permit unobstructed visibility of the code beacon from aircraft at any normal angle of approach, there should be installed two such beacons positioned so as to insure unobstructed visibility of at least one of the beacons from aircraft at any normal angle of approach.

(b) At approximately three-fourths, one-half and one-fourth of the over-all height of the obstruction, a similar flashing 300 mm electric code beacon should be installed in such a position within the obstruction proper that the structural members will not impair visibility of this beacon from aircraft at any normal angle of approach. In the event these electric code beacons cannot be installed in a manner to insure unobstructed visibility from aircraft at any normal angle of approach, there should be installed two such beacons at each level. Each beacon should be mounted on the outside of diagonally opposite corners or opposite sides of the obstruction at the prescribed heights.

(c) On levels at approximately seven-eighths, five-eighths, three-eighths and one-eighth of the over-all height of the obstruction one or more lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes should be installed on each outside corner of the obstruction at each level.

(9) Specification "A-9." When the particular obstruction is more than 1200 feet but not more than 1350 feet in over-all height above ground, or water if so situated.

(a) There should be installed at the top of the obstruction a flashing 300 mm electric code beacon equipped with two lamps and aviation red color filters. The two lamps of the beacon should burn simultaneously and each should be at least 500 watts. Where a rod or other construction of not more than 20 feet in height and incapable of supporting this beacon is mounted on top of the obstruction and it is determined that this additional construction does not permit unobstructed visibility of the code beacon from aircraft at any normal angle of approach, there should be installed two such beacons positioned so as to insure unobstructed visibility of at least one of the beacons from aircraft at any normal angle of approach.

(b) At approximately two-thirds, four-ninths and two-ninths of the over-all height of the obstruction, a similar flashing 300 mm electric code beacon should be installed in such a position within the obstruction proper that the structural members will not impair visibility of this beacon from aircraft at any normal angle of approach. In the event these electric code beacons cannot be installed in a manner to insure unobstructed visibility from aircraft at any normal angle of approach, there should be installed two such beacons at each level. Each beacon should be mounted on the outside of diagonally opposite corners or opposite sides of the obstruction at the prescribed heights.

(c) On levels at approximately eight-ninths, seven-ninths, five-ninths, one-third and one-ninth of the over-all height of the obstruction one or more lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes should be installed on each outside corner of the obstruction at each level.

(10) Specification "A-10." When the particular obstruction is more than 1350 feet but not more than 1500 feet in over-all height above ground, or water if so situated.

(a) There should be installed at the top of the obstruction a flashing 300 mm electric code beacon equipped with two lamps and aviation red color filters. The two lamps of the beacon should burn simultaneously and each should be at least 500 watts. Where a rod or other construction of not more than 20 feet in height and incapable of supporting this beacon is mounted on top of the obstruction and it is determined that this additional construction does not permit unobstructed visibility of the code beacon from aircraft at any angle of approach, there should be installed two such beacons positioned so as to insure unobstructed visibility of at least one of the beacons from aircraft at any normal angle of approach.

(b) At approximately four-fifths, three-fifths, two-fifths and one-fifth of the over-all height of the obstruction, a similar flashing 300 mm electric code beacon should be installed in such a position within the obstruction proper that the structural members will not impair visibility of this beacon from aircraft at any normal angle of approach. In the event these electric code beacons cannot be installed in a manner to insure unobstructed visibility from aircraft at any normal angle of approach, there should be installed two such beacons at each level. Each beacon should be mounted on the outside of diagonally opposite corners or opposite sides of the obstruction at the prescribed heights.

(c) On levels at approximately nine-tenths, seven-tenths, one-half, three-tenths and one-tenth of the over-all height of the obstruction one or more lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes should be installed on each outside corner of the obstruction at each level.

(11) Specification "A-11." Towers and similar obstructions which are more than 1500 feet in over-all heights above ground, or water if so situated, will be given special aeronautical study to determine the proper manner in which to obstruction light them to provide adequate protection for air commerce.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-175, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-180 Obstruction lighting standards—Trees.

A line of trees, with the individual trees located less than 150 feet apart, or a tree covered area should be lighted as an extensive obstruction in the manner set forth in the "E" specifications for prominent buildings and similar extensive obstructions, with the obstruction lights mounted on poles or towers, of a height slightly greater than the height of the outstanding trees. Individual trees and widely spaced trees should be lighted in accordance with the following specifications:

(1) Specification "B-1." Poles of a height slightly greater than the height of the outstanding tree(s) should be installed adjacent to the tree(s) and lighted in accordance with the specifications hereinbefore prescribed for individual towers, poles and similar obstructions of a corresponding over-all height above ground, or water if so situated.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-180, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-185 Obstruction lighting standards—Transmission lines.

The catenary of a transmission line or similar obstructions, should be lighted in accordance with the following specifications:

(1) Specification "C-1."

(a) The towers, poles, or similar structures supporting such a line should be lighted in accordance with the specifications hereinbefore prescribed for individual towers, poles, or similar obstructions of a corresponding over-all height above ground, or water if so situated.

(b) In each case where a transmission line within 15,000 feet of a landing area is required to be lighted in accordance with the provisions of RCW 14.04.340 - 14.04.350, one or more lights, each light consisting of a lamp of at least 100 watts enclosed in an aviation red obstruction light globe, should be displayed for each 150 feet or fraction thereof, of the over-all length of the overhead line. These lights should be equally spaced along the entire length of the overhead transmission line at points not more than 150 feet apart and each light should be placed not below the level of the highest wire at the point marked.

(c) When a transmission line more than 15,000 feet from a landing area is required to be lighted in accordance with the provisions of RCW 14.04.340 - 14.04.350, the distance between the obstruction lights displayed on such wires may be increased to not less than 600 feet.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-185, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-190 Obstruction lighting standards—Smokestacks and similar obstructions.

Smokestacks and similar obstructions should be lighted in accordance with the following specifications:

(1) In order to avoid the obscurant effect of the deposits generally in evidence from this type of structure, the top lights should be installed from 5 to 10 feet below the highest point of the structure. It is important that these lights be readily accessible to enable cleaning when necessary and to facilitate lamp replacements.

(2) Smokestacks and similar obstructions may be floodlighted by fixed searchlight projectors installed at three or more equidistant points around the base of each such obstruction if the search light projectors will provide an average illumination of at least 15 candles at the top one-third of the obstruction.

(3) Specification "D-1." When the particular obstruction is not more than 150 feet in over-all height above ground, or water if so situated.

(a) There should be installed at a near top level of the obstruction three or more lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. These lights should be placed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least two of the lights from aircraft at any normal angle of approach.

(4) Specification "D-2." When the particular obstruction is more than 150 feet but not more than 300 feet in over-all height above ground, or water if so situated.

(a) There should be installed at a near top level of the obstruction two or more flashing 300 mm electric code beacons, each beacon equipped with two lamps and aviation red color filters. The two lamps of each beacon should burn simultaneously and each should be at least 500 watts. The beacons should be placed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least one beacon from aircraft at any normal angle of approach.

(b) At approximately the mid point of the over-all height of the obstruction, there should be installed at least two lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. These lights should be placed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least one light from aircraft at any normal angle of approach.

(5) Specification "D-3." When the particular obstruction is more than 300 feet but not more than 450 feet in over-all height above ground, or water if so situated.

(b) On levels at approximately two-thirds and one-third of the over-all height of the obstruction, there should be installed on each level at least two lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. These lights should be placed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least one light from aircraft on any normal angle of approach.

(6) Specification "D-4." When the particular obstruction is more than 450 feet but not more than 600 feet in over-all height above ground, or water if so situated.

(b) At approximately one-half of the over-all height of the structure, two or more similar flashing 300 mm electric code beacons should be installed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least one beacon from aircraft at any normal angle of approach.

(c) On levels of approximately three-fourths and one-fourth of the over-all height of the structure, there should be installed on each level at least three lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. These lights should be placed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least two lights on each level from aircraft at any normal angle of approach.

(7) Specification "D-5." When the particular obstruction is more than 600 feet but not more than 750 feet in over-all height above ground, or water if so situated.

(a) There should be installed at a near top level of the obstruction two or more flashing 300 mm electric code beacons, each beacon equipped with two lamps and aviation red color filters. The two lamps of each beacon should burn simultaneously and should be at least 500 watts. The beacons should be placed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least one beacon from aircraft at any normal angle of approach.

(b) At approximately two-fifths of the over-all height of the obstruction, two or more similar flashing 300 mm electric code beacons should be installed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least one beacon from aircraft at any normal angle of approach.

(c) On levels of approximately four-fifths, three-fifths and one-fifth of the over-all height of the obstruction, there should be installed on each level at least three lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. These lights should be placed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least two lights on each level from aircraft at any normal angle of approach.

(8) Specification "D-6." When the particular obstruction is more than 750 feet but not more than 900 feet in over-all height above ground, or water if so situated.

(b) At approximately two-thirds and at approximately one-third of the over-all height of the obstruction two or more similar flashing 300 mm electric code beacons should be installed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least one beacon from aircraft at any normal angle of approach.

(c) On levels of at approximately five-sixths, one-half and one-sixth of the over-all height of the obstruction, there should be installed at least three lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. These lights should be placed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least two lights on each level from aircraft at any normal angle of approach.

(9) Specification "D-7." Smokestacks and similar obstructions which are more than 900 feet in over-all height above ground, or water if so situated, will be given special aeronautical study to determine the proper manner in which to obstruction light them to provide adequate protection for air commerce.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-190, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-195 Obstruction lighting standards—Prominent buildings and similar extensive obstructions.

(1) Prominent buildings and similar extensive obstructions should be lighted in accordance with the following specifications. In the event the individual objects of a group of obstructions are approximately the same over-all height above ground, or water if so situated, and are located not more than 150 feet apart, the group of obstructions may be considered an extensive obstruction and so lighted.

(2) Specification "E-1." When the particular obstruction is not more than 150 feet in over-all height above ground, or water if so situated.

(a) If the obstruction is not more than 150 feet in either horizontal dimension, there should be installed at approximately the highest point or edge at each end of the major axis of the obstruction at least one light, consisting of a lamp of at least 100 watts, enclosed in an aviation red obstruction light globe. These lights should be positioned so as to insure unobstructed visibility of them from aircraft at any normal angle of approach, and to indicate the general extent of the obstruction; or, if the shape of the obstruction is such as to make this manner of lighting impracticable, there may be installed two such lights at the approximate center of the highest point or edge of the obstruction. Both lights should burn simultaneously and be so positioned as to insure unobstructed visibility of at least one of the lights from aircraft at any normal angle of approach.

(b) If the obstruction is more than 150 feet in one horizontal dimension, but not more than 150 feet in the other, there should be installed at least one light, consisting of a lamp of at least 100 watts enclosed in an aviation red obstruction light globe, for each 150 feet, or fraction thereof, or the over-all length of the major axis of the obstruction. At least one of these top lights should be installed on the highest point or edge of each end of the obstruction, with the additional lights as required spaced at approximately equal intervals not exceeding 150 feet, on the highest points or edge between the end lights in a manner to indicate the extent of the obstruction and to insure unobstructed visibility of the lights from aircraft at any normal angle of approach. If there are two or more edges of the same height on such an obstruction located near a landing area, the edge nearest the landing area should be lighted.

(c) If the obstruction is more than 150 feet in both horizontal dimensions, there should be installed at least one light, consisting of a lamp of at least 100 watts enclosed in an aviation red obstruction light globe, on the highest point of each corner of the obstruction. In addition, there should be installed at least one similar light for each 150 feet, or fraction thereof, [if] the distance between the corner lights exceeds 150 feet. These additional lights should be installed at approximately equal intervals, at the highest points along the outer edges of the obstruction, between the corner lights in a manner to indicate the general extent and definition of the obstruction and to insure unobstructed visibility of the lights from aircraft at any normal angle of approach.

(d) In the event there are one or more points within the outer edges of the obstruction, the uppermost parts of which are higher than the highest level of the lights hereinbefore prescribed, at least one similar light should be displayed from the top of each such point.

(2) Specification "E-2." When the particular obstruction is more than 150 feet in over-all height above ground, or water if so situated.

(a) Top lights should be installed on the obstruction in the manner set forth in the applicable provisions of Specification "E-1."

(b) In addition to the required top lights, intermediate lights, each consisting of a lamp of at least 100 watts enclosed in an aviation red obstruction light globe, should be provided for each 150 feet, or fraction thereof, [if] the obstruction exceeds 150 feet in over-all height above ground, or water if so situated. The position of these intermediate lights on the vertical plane should be at as close to equidistant levels between the top lights and the ground level as the particular shape and type of obstruction will permit. One such light should be installed at each outside corner of the obstruction at each level and also one such light should be installed at equal intervals on the horizontal plane on each outer surface at each level between adjacent corner lights, for each 150 feet, or fraction thereof, [if] the over-all horizontal distance between such adjacent corner lights exceeds 150 feet.

| Note: | In lieu of installing the obstruction lights on the obstructions, a pole or poles of a height slightly greater than the over-all height of the obstruction may be installed thereto and lighted in accordance with the specifications hereinbefore prescribed for individual towers, poles, or similar obstructions of a corresponding over-all height. It is important that those towers, poles, or similar structures be installed in such a manner as to indicate the general definition and extent of the obstruction. | | --- | --- |

(3) In the event early or special warning is considered necessary to provide adequate protection for aircraft, the top lights on each obstruction as required under Specifications "E-1" and "E-2" should be replaced with one or more flashing 300 mm electric code beacons, each beacon equipped with two lamps and aviation red color filters. The two lamps of each beacon should burn simultaneously and each should be at least 500 watts.

(4) Where obstructions are extensive as in the case of a line of trees or hills, and the use of the fixed obstruction lights would be impracticable or inadequate, flashing or rotating hazard beacons may be used as an alternate to the fixed obstruction lights. Such beacons should be located on the highest points or edges of the extended obstruction at intervals not exceeding 3,000 feet, provided at least three beacons are placed on any one side or edge of the extensive obstruction to indicate a line of lights.

History

if] the distance between the corner lights exceeds 150 feet. These additional lights should be installed at approximately equal intervals, at the highest points along the outer edges of the obstruction, between the corner lights in a manner to indicate the general extent and definition of the obstruction and to insure unobstructed visibility of the lights from aircraft at any normal angle of approach.(d) In the event there are one or more points within the outer edges of the obstruction, the uppermost parts of which are higher than the highest level of the lights hereinbefore prescribed, at least one similar light should be displayed from the top of each such point.(2) Specification "E-2." When the particular obstruction is more than 150 feet in over-all height above ground, or water if so situated.(a) Top lights should be installed on the obstruction in the manner set forth in the applicable provisions of Specification "E-1."(b) In addition to the required top lights, intermediate lights, each consisting of a lamp of at least 100 watts enclosed in an aviation red obstruction light globe, should be provided for each 150 feet, or fraction thereof, [if] the obstruction exceeds 150 feet in over-all height above ground, or water if so situated. The position of these intermediate lights on the vertical plane should be at as close to equidistant levels between the top lights and the ground level as the particular shape and type of obstruction will permit. One such light should be installed at each outside corner of the obstruction at each level and also one such light should be installed at equal intervals on the horizontal plane on each outer surface at each level between adjacent corner lights, for each 150 feet, or fraction thereof, [if] the over-all horizontal distance between such adjacent corner lights exceeds 150 feet.Note:In lieu of installing the obstruction lights on the obstructions, a pole or poles of a height slightly greater than the over-all height of the obstruction may be installed thereto and lighted in accordance with the specifications hereinbefore prescribed for individual towers, poles, or similar obstructions of a corresponding over-all height. It is important that those towers, poles, or similar structures be installed in such a manner as to indicate the general definition and extent of the obstruction.(3) In the event early or special warning is considered necessary to provide adequate protection for aircraft, the top lights on each obstruction as required under Specifications "E-1" and "E-2" should be replaced with one or more flashing 300 mm electric code beacons, each beacon equipped with two lamps and aviation red color filters. The two lamps of each beacon should burn simultaneously and each should be at least 500 watts.(4) Where obstructions are extensive as in the case of a line of trees or hills, and the use of the fixed obstruction lights would be impracticable or inadequate, flashing or rotating hazard beacons may be used as an alternate to the fixed obstruction lights. Such beacons should be located on the highest points or edges of the extended obstruction at intervals not exceeding 3,000 feet, provided at least three beacons are placed on any one side or edge of the extensive obstruction to indicate a line of lights.[Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-195, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-200 Obstruction lighting standards—Bridges.

The superstructure of a bridge should be lighted in accordance with the following specifications.

(1) Where the bridge structure is over navigable water, approval of the lighting installation must be obtained from the commandant of the United States Coast Guard to avoid interference with marine navigation.

(2) Specification "F-1." When the bridge superstructure is not more than 150 feet in over-all length.

(a) There should be installed at the approximate center of the highest point of the superstructure at least two lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. The two lights should burn simultaneously and should be positioned so as to insure unobstructed visibility of at least one of the lights from aircraft at any normal angle of approach.

(3) Specification "F-2." When the bridge superstructure is more than 150 feet in over-all length.

(a) There should be installed for each 150 feet, or fraction thereof, of the over-all length of the bridge superstructure one or more lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. These lights should be installed on the highest points of the superstructure at approximately equal intervals not exceeding 150 feet in a manner to indicate the general definition and extent of the obstruction, and to insure unobstructed visibility of the lights from aircraft at any normal angle of approach. The distance between these top lights may be increased to a distance not exceeding 600 feet when the particular bridge is located more than 15,000 feet from the reference point of any landing area.

(b) Where the bridge superstructure exceeds 150 feet in over-all length and the use of the above described obstruction lights would be impracticable or inadequate, flashing or rotating hazard beacons should be used as an alternate to the fixed obstruction lights. Such beacons should be located on the highest points or edge of the bridge superstructure at intervals not exceeding 3,000 feet, provided at least three beacons are installed to indicate the extent of the obstruction. The flashing or rotating beacons should conform to the provisions of the pertinent specifications as hereinbefore indicated under "obstruction lighting equipment."

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-200, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-205 Obstruction lighting standards—Water towers, grain elevators, gas holders and similar obstructions.

Water towers, grain elevators, gas holders and similar obstructions should be lighted in accordance with the following specifications:

(1) Specification "G-1." When the particular obstruction is not more than 150 feet in over-all height above ground, or water if so situated.

(a) There should be installed at the top of the obstruction at least two lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. These lights should burn simultaneously and should be positioned so as to insure unobstructed visibility of at least one of the lights from aircraft at any normal angle of approach.

(2) Specification "G-2." When the particular obstruction is more than 150 feet but not more than 300 feet in over-all height above ground, or water if so situated.

(a) There should be installed at the top of the obstruction a flashing 300 mm electric code beacon equipped with two lamps and aviation red color filters. The two lamps of the beacon should burn simultaneously and each should be at least 500 watts. The beacon should be positioned so as to insure unobstructed visibility of it from aircraft at any normal angle of approach.

(b) At the approximate midpoint of the over-all height of the obstruction, there should be installed three or more lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. The position of these intermediate lights on the vertical plane should be as close to an equidistant level between the top beacon and the ground level as the particular shape and type of construction of the obstruction will permit. These lights should be placed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least two of the lights from aircraft at any normal angle of approach.

(3) Specification "G-3." When the particular obstruction is more than 300 feet but not more than 450 feet in over-all height above ground, or water if so situated.

(a) There should be installed at the top of the obstruction a flashing 300 mm electric code beacon equipped with two lamps and aviation red color filters. The two lamps of the beacon should burn simultaneously and each should be at least 500 watts. The beacon should be positioned so as to insure unobstructed visibility of it from aircraft at any normal angle of approach.

(b) At approximately two-thirds and one-third of the over-all height of the obstruction there should be installed three or more lights, each light consisting of a lamp of at least 100 watts, enclosed in aviation red obstruction light globes. The position of these intermediate lights on the vertical plane should be as close to equidistant positions between the top beacon and the ground level as the particular shape and type of construction of the structure will permit. These lights should be placed at regular intervals on the horizontal plane in a manner to insure unobstructed visibility of at least two lights on each level from aircraft at any normal angle of approach.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-205, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-210 Obstruction lighting standards—Group of structural hazards.

Towers, poles, tanks, smokestacks and similar obstructions which are so grouped as to present a common hazard to air navigation should be lighted in accordance with the following specifications:

(1) Specification "H-1."

(a) This specification applies to a group of closely spaced towers, poles, tanks, smokestacks or similar obstructions of approximately the same over-all height above ground, or water if so situated, in which the spacing between the individual structures does not exceed 150 feet.

(b) The group may be considered an extensive obstruction and lighted in accordance with the "E" specifications for prominent buildings and similar extensive obstructions.

(2) Specification "H-2."

(a) This specification applies to a group of closely spaced towers, poles, tanks, smokestacks and similar obstructions, which may or may not be of the same over-all height, in which the spacing between the individual structures is not in all cases equal to or less than 150 feet.

(b) Each prominent object within the group should be lighted in accordance with the specifications hereinbefore prescribed for individual towers, poles, and similar obstructions or a corresponding over-all height above ground, or water if so situated.

(c) In addition, there should be installed at the top of a prominent center obstruction or on a special tower located near the center of the group of obstructions, at least one rotating beacon producing aviation red flashes. The frequency of its flashes should be such as hereinbefore specified for rotating beacons.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-210, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-215 Obstruction lighting standards—Hazard areas.

Areas in which a visible or invisible hazard, or hazards, exists should be lighted in accordance with the following specifications.

(1) The obstruction lighting prescribed hereinafter is in addition to such lighting as may be necessary on any natural or manmade obstruction located within the hazard area.

(2) Specification "I-1."

(a) An area in which a visible or invisible hazard, or hazards, to aircraft exists.

(b) There should be mounted on top of a tower or other suitable structure, located near the center of the area, at least one rotating beacon producing aviation red flashes. The frequency of its flashes should be such as hereinbefore specified for rotating beacons.

(3) Specification "I-2."

(a) A large area in which a visible or invisible hazard, or hazards, to aircraft exists.

(b) There should be installed at two or more places around the perimeter of the area a rotating beacon, mounted on top of a tower or other suitable structure, producing aviation red flashes. The beacons should be located in a manner to insure unobstructed visibility of at least one of the beacons from aircraft at any normal angle of approach. The frequency of its flashes should be such as hereinbefore specified for rotating beacons.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-215, filed 8/13/96, effective 9/13/96
O.M.&L. standards (part), filed 9/13/61.

Wash. Admin. Code § 468-240-350 Appendix rules—General.

(1) The main body of this publication presents standards for marking and lighting objects, which are potential hazards to the safe operation of aircraft, for the purpose of indicating their presence to pilots. The material in this appendix includes texts of laws and regulations, together with information to provide guidance in complying with these texts of laws and regulations, pertaining to such objects.

(2) Existing or contemplated structures which, by reason of their height and location relative to landing areas, constitute potential hazards to the safe operation of aircraft continually demand attention in the effort to provide and maintain maximum safety for air commerce.

(3) It is vitally important that prompt notification of the construction or alteration of towers, electric transmission and telephone lines, smokestacks, water towers, buildings and similar structures, of certain heights and distances from landing areas and civil airways, be given to the aeronautical public through notices to airmen before any such structure is constructed or altered. Achievement of this result requires the cooperation of all federal, state and municipal agencies, private industry and individuals engaged in such construction or alteration.

(4) For this purpose, regulations of the Washington state aeronautics commission have been promulgated requiring the submission of Form 426 prior to the beginning of the construction or alteration of structures falling within the prescribed limits of air activity. The limits within which construction or alteration requires the submission of the form have been set after careful study of the problem and with due regard for the maximum protection of airmen.

(5) In the case of an existing structure on which a proper notice has already been submitted, some latitude for repairs is permitted by an explanation of the term "alteration." Notice may be omitted if the alteration or alterations will not increase or decrease the height of the top or any part of the structure from that previously reported by more than 1 foot for each 500 feet, or fraction thereof, of the distance that the structure is situated from the nearest boundary of the landing area involved. However, notice must be given of any alteration or alterations increasing or decreasing the height of the top or any part of a structure by more than 10 feet from that previously reported.

(6) The information required on proposed construction or alteration is clearly explained in the Form 426 prepared for that purpose and is essentially that material needed to warn airmen of a potential hazard to air navigation. It is necessary, therefore, that all applicable questions therein be answered without exception. Copies of these forms may be obtained from the Washington State Aeronautics Commission, Boeing Field, Seattle, Washington.

(7) The distance between the nearest boundary of a landing area and the site of the construction or alteration may be measured by the use of maps, or on the surface of the earth by an automobile mileage meter, or other convenient but reasonably accurate means.

(8) The term "navigable water" as used in connection with obstructions to air navigation, denotes all water suitable for the take-off or landing of water aircraft. Other geographical features which combine hydrographic and topographic characteristics, such as marshes, swamps and bogs, come within the meaning of the term "ground" as described in the act.

(9) The state aeronautics commission desires to assist those contemplating construction which may present a potential hazard to air navigation in selecting locations for the structures which will create a minimum of interference with air operations; to recommend the proper obstruction marking and lighting to insure adequate protection to aircraft; and to minimize the possibility of damage to structures from collision by aircraft.

(10) For this purpose the commission has provided a special advisory service consisting of personnel who conduct the specific investigation of each case. This service is available upon request, which may be by letter or in person. The request should be accompanied by a complete description of the proposed construction, including the geographic coordinates and the distance and direction of the site from the nearest town; the distance from the nearest landing area; the height of the structure above the ground and the over-all height of the structure above mean sea level. A map or sketch showing the height and location of all tall structures in the vicinity should also be furnished. The investigation will ordinarily take approximately ten days because of the necessary contacts with aeronautical interests concerned. This period may be longer if the problem is a complex one, because every attempt is made by the investigators to resolve the problem with due regard to the safety factor.

(11) Interested contractors, engineers and architects should avail themselves of this service so as to prevent delays in obtaining the necessary permits for the construction.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-350, filed 8/13/96, effective 9/13/96
O.M.&L. standards, appendix (part), filed 9/13/61.

Wash. Admin. Code § 468-240-360 Appendix rules—Criteria for determining obstructions to air navigation.

(1) Introduction. In order to provide uniform criteria for determining obstructions to air navigation, this standard has been adopted by the Washington state aeronautics commission.

(2) Directive. In accordance with the procedure for establishing technical aeronautical standards specified in state obstruction marking and lighting law, "Criteria for determining obstructions to air navigation" set forth below is established as a state standard. This standard is the official Washington state aeronautics commission guide for determining obstructions to air navigation and supersedes all existing obstruction criteria which do not conform to its requirements.

(3) Specific instructions. Procedure for determining obstructions.

(a) Any structure or obstacle which obstructs the air space above ground or water level, when determined by the commission after a hearing to be a hazard or potential hazard to the safe flight of aircraft, shall be plainly marked, illuminated, painted, lighted or designated in a manner to be approved in accordance with the general rules and regulations of the commission so that the same will be clearly visible to airmen. In determining which structures or obstacles constitute or may become a hazard to air flight, the commission shall take into account only those obstacles located at river, lake and canyon crossings and in other low altitude flight paths usually traveled by aircraft. (Same as RCW 14.04.340.)

(b) The director shall have the authority to require owners, operators, lessees or others having the control or management of structures or obstacles over one hundred fifty feet above ground or water level and which are or may become a hazard to air flight to report the location of such existing or proposed structures or obstacles to the commission. For that purpose the director may issue subpoenas and subpoenas duces tecum returnable within twenty days to the commission. In the event a person refuses to obey the director's subpoena, the commission may certify to the superior court all facts of any such refusal. The court shall summarily hear evidence on such refusal, and, if the evidence warrants, punish such person refusing in the same manner and to the same extent as for contempt committed before the court. (Same as RCW 14.04.350.)

(c) Objects which are located or will be located with respect to other objects of a permanent character such that there results no material increase in the aeronautical hazard will not be considered obstructions.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-360, filed 8/13/96, effective 9/13/96
O.M.&L. standards, appendix (part), filed 9/13/61.

Wash. Admin. Code § 468-240-370 Appendix rules—Operation of moored balloons.

(1) Scope. The following rules shall apply to moored balloons when operated anywhere in the state of Washington at altitude controlled by state law.

(2) General. Moored balloons may be operated without permit from or notice to the state when operated less than 150 feet above the surface at a location not usually traveled by aircraft.

(3) Operation requiring a permit. Unless operated under the conditions specified in "general" moored balloons subject to these regulations shall be operated under the authority of and in compliance with the terms and conditions of a permit issued by the state aeronautics commission when such moored balloons are operated:

(a) Closer than 500 feet to the base of any cloud; or

(b) During the hours of darkness; or

(d) At altitudes more than 150 feet above the surface; or

(e) In a location usually traveled by aircraft.

(4) Written notice of intent must be submitted to the office of the commission at least 30 days prior to the date of operation. Such notice shall contain the name and address of the owner and person operating the balloon, the date or dates of the proposed operation, and the location and altitude at which the proposed operation will be conducted. No moored balloons will be operated without written approval from the Washington state aeronautics commission.

(5) Rapid deflation device. No moored balloon having a diameter of more than 6 feet or a gas capacity of more than 115 cubic feet shall be operated unless it is equipped with a device or means of automatic and rapid deflation in the event of an escape from its moorings.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-370, filed 8/13/96, effective 9/13/96
O.M.&L. standards, appendix (part), filed 9/13/61.

Wash. Admin. Code § 468-240-380 Appendix rules—Illustrations.

| | | --- | | (1) Lighting of towers, poles and similar obstructions. |

| | | --- | | (2) Lighting of smokestacks and similar obstructions. |

| | | --- | | (3) Lighting of water towers and similar obstructions. |

| | | --- | | (4) Lighting of water towers and similar obstructions. |

| | | --- | | (5) Lighting of bridges. |

| | | --- | | (6) Painting of towers, poles and similar obstructions. |

| | | --- | | (7) Painting of water towers and similar obstructions. |

| | | --- | | (8) Painting of gas holders and similar obstructions. |

| | | --- | | (9) Painting of water towers and similar obstructions. |

| | | --- | | (10) Typical double obstruction light fitting. |

| | | --- | | (11) Typical single obstruction light fitting. |

| | | --- | | (12) Marking power lines, cables and similar obstructions. |

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-240-380, filed 8/13/96, effective 9/13/96
O.M.&L. standards, appendix (part), filed 9/13/61.

Chapter 468-250 State airport rules.

Wash. Admin. Code § 468-250-010 Definitions.

(1) "State airport" means any airport operated by the department of transportation, whether by agreement or ownership, including all real and personal property associated with the operation of the airport whether or not such property is owned by the department of transportation.

(2) "Controlled user" means any user of the airport whose use is controlled by an agreement with the department of transportation, including other governmental agencies.

(3) "Noncontrolled user" means any other person not included in subsection (2) of this section.

(4) "Special use permit" means any permit issued by the department of transportation to any person for the conduct of activities at a state airport which are noncommercial in nature, such as (but not limited to) testing equipment, temporary easements, and long term parking of vehicles other than aircraft. A fee may or may not be charged.

(5) "Letter of agreement" means a letter issued to a person by the department of transportation trading the services of that person at a state airport for some benefit to that person. No fee will be charged.

(6) "NOTAM" means a notice to airmen issued by the Federal Aviation Administration.

(7) "Flowage fee" means a fee charged by the department of transportation on the amount of fuel delivered into aircraft at a state airport.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-010, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-010, filed 5/18/83.

Wash. Admin. Code § 468-250-020 Aeronautics division to manage.

The assistant secretary for aeronautics shall exercise all management powers incident to the operation of state airports.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-020, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-020, filed 5/18/83.

Wash. Admin. Code § 468-250-030 Opening and closing of airports.

(1) Because of surface conditions and/or snow cover, the following state airports will be closed to all traffic (except in an emergency) from approximately October 1 to June 1 of each year, by NOTAM.

(a) Bandera

(b) Lester

(d) Stehekin

(e) Avey

(f) Lake Wenatchee

(g) Copalis

(h) Sullivan Lake

(i) Tieton

(j) Ranger Creek

(k) Skykomish

(l) Easton

(2) The following state airports may be closed during the winter due to conditions, by NOTAM.

(a) Winthrop/Intercity

(b) Little Goose

(d) Quillayute

(e) Lower Monumental

(f) Woodland

(3) Opening and closing dates may change at some airports, and pilots shall check NOTAMS prior to using any state airport. It is strongly suggested that even when open, pilots should check with the aeronautics division on current conditions, especially at those airports located in mountainous areas.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-030, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-030, filed 5/18/83.

Wash. Admin. Code § 468-250-040 Controlled operations.

(1) The department of transportation may enter into any contract, lease, special use permit, letter of agreement, or other arrangement with any person for controlled operations at state airports.

(2) All controlled operations shall be conducted only under an agreement with the department of transportation.

(3) The following operations require the execution of an agreement, lease, special use permit, or other arrangement as appropriate, between the department of transportation, and the controlled user:

(a) Any construction on a state airport;

(b) The permanent, semipermanent or seasonal use of hangars or tie-downs on a state airport, except transient use;

(d) Fuel sales or storage at a state airport;

(e) Long term parking of vehicles or storage of property;

(f) Exchange of services between the department of transportation and a person or group;

(g) Any commercial operation, except transient nonscheduled air taxi operations;

(h) Any use of airport property which is not incidental to normal airport operations;

(i) Glider towing, parachuting, ballooning, and ultralight use at state airports, except transient;

(j) Any other use as may be designated by the department of transportation.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-040, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-040, filed 5/18/83.

Wash. Admin. Code § 468-250-050 Fees.

(1) Any contract, lease, or special use permit executed may require the payment of fees to the department of transportation. Services may be accepted in lieu of fees, but only by prior agreement. No services will be applied to past fees incurred.

(2) All fees collected under this section by the department of transportation will be credited towards maintenance of all state airports.

(3) Fees for commercial operations will be commensurate with the value of the opportunity to do business on or at the airport and the services and facilities furnished by the state at the airport for which no separate charge is made.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-050, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-050, filed 5/18/83.

Wash. Admin. Code § 468-250-060 Nondiscrimination.

No controlled user shall discriminate on the basis of race, sex, age, or national origin in the hiring and dismissal of employees, or in the use of his facilities.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-060, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-060, filed 5/18/83.

Wash. Admin. Code § 468-250-070 Exclusive grants prohibited.

The department of transportation will not grant exclusive use rights of any kind at a state airport.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-070, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-070, filed 5/18/83.

Wash. Admin. Code § 468-250-080 Representations.

No controlled user shall, in connection with raising any investment funds or advertising, represent to anyone that they have the endorsement, support, or approval of the state for any development or plan of action unless and until such endorsement has been given in writing.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-080, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-080, filed 5/18/83.

Wash. Admin. Code § 468-250-090 Provisions in agreements.

All leases, special use permits, letters of agreement, or other documents shall contain the following provisions, as applicable:

(1) Transferability of any agreement is contingent on approval by the department of transportation. This shall include the sale of stock in a controlled user which would change the management of that use;

(2) All applicable Federal Aviation Administration regulations will be adhered to, and any violation of those regulations may be deemed a violation of the controlled user's agreement;

(3) In the event of violation of the terms of any agreement, the department of transportation will serve notice of the violation and where appropriate, notice of the corrective action that must be taken by the controlled user or notice of intention to forfeit said agreement. Provided, no forfeiture shall be taken before the expiration of ten days, during which time the controlled user may give notice of appeal to the secretary of transportation, who shall hear such appeal at a public meeting within thirty days and render a decision within five days of the public meeting;

(4) Commercial users shall, if deemed necessary by the department of transportation, give bond in favor of the state of Washington for the value of one year's fees, or the total of the value of the agreement if less than one year in term;

(5) Facilities constructed on state property under any agreement with the department of transportation shall become property of the department of transportation at the conclusion of the agreement including any renewals, extensions, or renegotiations of the agreement;

(6) Any disputes between a controlled user and the department of transportation, except violations of agreements for which forfeiture is sought, shall be submitted in writing to the secretary of transportation. The secretary shall provide a written decision within ten days which shall be the final, binding disposition of the the dispute;

(7) All facilities shall be open to inspection of department of transportation personnel at all times;

(8) Controlled users shall, as appropriate:

(a) Maintain insurance against fire, windstorm, and other hazards and, if applicable, hangar-keepers insurance;

(b) Maintain policies of public liability insurance in such amount as the department of transportation shall require;

(c) Hold the state harmless for all claims of liability arising from their use, and provide the department of transportation with certificate evidencing their insurance coverage and naming the state of Washington as an additional insured.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-090, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-090, filed 5/18/83.

Wash. Admin. Code § 468-250-100 State/federal agreements controlling.

Where the state of Washington has entered into an agreement with the federal government concerning a specific airport, that agreement will control, where applicable, any agreement sought or subsequently granted to a controlled user.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-100, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-100, filed 5/18/83.

Wash. Admin. Code § 468-250-110 Grounds for refusal to grant agreement.

The department of transportation may refuse to grant an operating agreement to any person if:

(1) Safety will be compromised;

(2) The proposed operation is not consistent with airport purposes;

(3) The proposed operation is not in the best interests of the state of Washington; or

(4) The proposed operation is in conflict with prior agreements.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-110, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-110, filed 5/18/83.

Wash. Admin. Code § 468-250-120 Preexisting agreements.

Any agreements existing on the date of this section shall continue in force under the terms of the agreement. All subsequent or renewal agreements will be made in conformance with these rules.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-120, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-120, filed 5/18/83.

Wash. Admin. Code § 468-250-130 All use at own risk.

The use of state airports by all persons shall be solely at the risk of the user. State airports are maintained principally for emergency use and the state does not warrant the conditions at any state airport to be suitable for any other use.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-130, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-130, filed 5/18/83.

Wash. Admin. Code § 468-250-140 Temporary rules.

The department of transportation may, from time to time, issue temporary and/or emergency rules affecting one or more state airports. These rules will be available from the aeronautics division and may be distributed, as necessary, by other means, including NOTAM.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-140, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-140, filed 5/18/83.

Wash. Admin. Code § 468-250-150 Accident notification.

Any person involved in or witnessing an accident or hazardous incident at a state airport shall report such accident or incident to the aeronautics division as soon as possible. The report is required in addition to reports required under National Transportation Safety Board Rules, Part 830.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-150, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-150, filed 5/18/83.

Wash. Admin. Code § 468-250-160 Hazard notification.

Any person having knowledge of hazards at or near a state airport is encouraged to notify the aeronautics division of the nature of the hazard.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-160, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-160, filed 5/18/83.

Wash. Admin. Code § 468-250-170 Littering.

Because of their remote location, many state airports have no provision for trash removal. Users are expected to pack out all trash. Persons littering state airports will be prosecuted under the Litter Control Act, chapter 70.93 RCW.

History

Statutory Authority: Chapter 47.68 RCW. WSR 96-17-018 (Order 164), recodified as § 468-250-170, filed 8/13/96, effective 9/13/96. Statutory Authority: RCW 47.68.100 and 47.68.210. WSR 83-11-041 (Order 80), § 12-40-170, filed 5/18/83.

Chapter 468-260 Airport aid program grant assurances.

Wash. Admin. Code § 468-260-010 General.

(1) Airport sponsors shall comply with these assurances pursuant to and for the purpose of carrying out the provisions of the state of Washington airport aid program grant agreements.

(2) Airport sponsors will submit these assurances as part of the project application requesting funds under the provisions of RCW 47.68.090. As used herein, the term "public agency sponsor" means any municipality or municipalities acting jointly or any Indian tribe recognized by the federal government or such tribes acting jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport, owned or controlled, or to be owned or controlled by such municipality or municipalities or Indian tribe or tribes, to be held available for the general use of the public; the term "private sponsor" means any person or persons acting jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport, owned or controlled, or to be owned or controlled by such person or persons, to be held available for the general use of the public; and the term "sponsor" includes both public agency sponsors and private sponsors.

(3) Upon a sponsor's acceptance of a grant offer by the department, these assurances are incorporated in and become part of the grant agreement.

History

Statutory Authority: RCW 47.68.090. WSR 13-07-037, § 468-260-010, filed 3/14/13, effective 4/14/13.

Wash. Admin. Code § 468-260-020 Duration and applicability.

(1) Washington airport aid program projects undertaken by a sponsor. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport project, not to exceed twenty years from the date of acceptance of a grant offer of state funds for the project. However, there shall be no limit on the duration of the assurances regarding exclusive rights and airport revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds.

(2) Airport planning undertaken by a sponsor. Unless otherwise specified in this grant agreement, only Assurances C:1, 2, 3, 4, 6, 7, 8, 13, 20, 33, 34, and 35 apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project.

History

Statutory Authority: RCW 47.68.090. WSR 13-07-037, § 468-260-020, filed 3/14/13, effective 4/14/13.

Wash. Admin. Code § 468-260-030 Sponsor certification.

The sponsor certifies, with respect to this grant that:

(1) General state requirements. It will comply with all applicable Washington state laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of state funds for this project including, but not limited to, the following:

(a) State legislation:

• Chapter 8.26 RCW (Relocation assistance—Real property acquisition policy)

• Chapter 27.34 RCW (State historical societies—Historic preservation)

• Chapter 27.44 RCW (Indian graves and records)

• Chapter 27.48 RCW (Preservation of historical materials)

• RCW 29A.84.620 (Hindering or bribing voter)

• Chapter 36.70A RCW (Growth management—Planning by selected counties and cities)

• Title 37 RCW (Federal areas—Indians)

• Chapter 39.12 RCW (Prevailing wages on public works)

• RCW 47.29.200 (Prevailing wages)

• RCW 47.68.280 (Investigations, hearings, etc.—Subpoenas—Compelling attendance)

• RCW 47.68.310 (Enforcement of aeronautics laws)

• Title 49 RCW (Labor regulations)

• Title 64 RCW (Real property and conveyances)

• Chapter 70.94 RCW (Washington Clean Air Act)

• Title 86 RCW (Flood control)

• Title 91 RCW (Waterways)

• Title 12 WAC (Transportation, department of (aeronautics commission))

• Title 18 WAC (Air pollution)

• Title 25 WAC (Archaeology and historic preservation, department of)

• WAC 330-01-050 (dispositions, metropolitan municipal corporations)

• Title 167 WAC (Drug abuse prevention office)

• Title 197 WAC (Ecology, department of (environmental policy, council on))

• Title 198 WAC (Environmental and land use hearings office)

• Title 199 WAC (Environmental hearings office (environmental and land use hearings board))

• Title 254 WAC (Historic preservation, advisory council on)

• Title 326 WAC (Minority and women's business enterprises, office of)

• Chapter 330-01 WAC (Procedures for corridor and design public hearings under RCW 35.58.273)

• Chapter 468-100 WAC (Uniform relocation assistance and real property acquisition)

• WAC 468-100-008 (Compliance with other laws and regulations)

• Title 357 WAC (Financial management, office of—State human resources director)

• Title 508 WAC (Ecology, department of (water resources))

(b) Executive orders:

• Governor's Executive Order 92-01 (Establishing Governor's Policy on a Drug-Free Work Place)

• Governor's Executive Order 96-04, Implementing the Americans with Disabilities Act and superseding Executive Order 93-03

• Governor's Executive Order 05-05 (Archaeological and Cultural Resources) Governor's Executive Order 11-01, superseding Executive Order 09-04, Amending Washington Council on Aerospace

• Governor's Executive Order 12-02 (Workforce Diversity and Inclusion)

(2) General legal requirements. It will comply with all applicable laws and ordinances, orders, guidelines, policies, directives, rules and regulations of municipal, county, and federal governmental authorities or regulatory agencies.

(3) Responsibility and authority of the sponsor.

(a) Public agency sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required.

(b) Private sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.

(4) Sponsor fund availability. It has sufficient funds available for the portion of the project which is not paid by the state of Washington. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control.

(5) Good title. It holds good title, satisfactory to the department, to the areas of the airport or site thereof necessary for aircraft takeoff and landing as well as those necessary for the movement of aircraft to and from the landing and takeoff areas, or gives assurances satisfactory to the department that good title will be acquired prior to accepting grant funds.

(6) Preserving rights and powers.

(a) It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the department.

(b) It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property associated with this application or that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the department. If the transferee is found by the department to be eligible to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement.

(c) If the sponsor is a private sponsor, it will, to the department's satisfaction, ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.

(d) If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will, to the department's satisfaction, reserve and document in arrangements with said party sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the regulations and the terms, conditions, and assurances in this grant agreement and shall ensure that such arrangement also requires compliance therewith.

(e) Sponsors of commercial service airports will not permit or enter into any arrangement that allows an owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport.

(f) Sponsors of general aviation airports entering into any arrangement that allows an owner of residential real property adjacent to or near the airport must comply with the requirements set forth in Section 136 of Public Law 112-95.

(7) Consistency with local plans. Certify, to the department's satisfaction, that the project is consistent with plans (existing at the time of submission of this application) of public agencies that are authorized to plan for the development of the area surrounding the airport.

(8) Consideration of local interest. Certify, to the department's satisfaction, that it considered the interest of communities in or near where the project is located.

(9) Consultation with users. Certify to the department's satisfaction that when it made a decision to undertake any project, that it consulted with affected parties using the airport.

(10) Public hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it held public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the department, submit a copy of the transcript of such hearings to the department. Further, for such projects, its management board contain(s/ed) either voting representation from the communities where the project is located or it advised communities that they have the right to petition the department concerning a proposed project.

(11) Air and water quality standards. In projects involving airport location, a major runway extension, or runway location, it will provide the department appropriate written certification that the project will be located, designed, constructed, and operated so as to comply with applicable federal, state, and local air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the administrator of the Environmental Protection Agency, or the secretary of the Department of Ecology, certification shall be obtained. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the department.

(12) Pavement preventive maintenance. With respect to a project for the replacement or reconstruction of airport pavement, it assures or certifies to the department's satisfaction that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with state financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the department determines may be useful.

(13) Accounting system, audit, and recordkeeping requirements.

(a) It shall keep all project accounts and records which fully disclose the amount and disposition of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with RCW 43.09.200 and the Washington state budgetary, accounting, and reporting system (BARS) manuals and financial reporting packages.

(b) It shall make available to the department and the Washington state auditor's office, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The department may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the department not later than six months following the close of the fiscal year for which the audit was made.

(14) Wage rates. It shall include in all contracts in excess of two thousand five hundred dollars, or as outlined in WAC 296-127-050, for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages under the Washington State Prevailing Wages on Public Works Act, chapter 39.12 RCW, which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. This shall be documented by a statement of intent to pay prevailing wages and an affidavit of wages paid.

(15) Nondiscrimination requirements. It shall prohibit discrimination in all phases of contracted employment, contracting activities and training pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Justice System Improvement Act of 1979, the Americans with Disabilities Act of 1990, the Civil Rights Restoration Act of 1987, 49 C.F.R. Part 21, chapter 49.60 RCW and other related laws and statutes.

(16) Equal employment opportunity (EEO) responsibilities. It shall comply with regulations relative to nondiscrimination in state-assisted programs of the department, which are herein incorporated by reference and made a part of this project. With regard to the work performed during the project, it shall not discriminate on the grounds of race, color, gender, creed, national origin, age, sexual orientation, gender identity, marital status, disability or veteran status in the selection and retention of contractors, consultants and service providers, including procurement of materials and leases of equipment.

(17) Veteran's preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to ensure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to honorably discharged military personnel who are veterans of any war of the United States, or of any military campaign for which a campaign ribbon shall have been awarded, and their widows or widowers, shall be preferred for appointment and employment. Age, loss of limb, or other physical impairment, which does not in fact incapacitate, shall not be deemed to disqualify them, provided they possess the capacity necessary to discharge the duties of the position involved as defined in RCW 73.16.010. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

(18) Conformity to plans and specifications. It will execute the project subject to plans, specifications, and schedules approved by the department. Such plans, specifications, and schedules shall be submitted to the department prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the department, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the department, and incorporated into this grant agreement.

(19) Construction inspection and approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the department for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the department and such work shall be in accordance with regulations and procedures prescribed by the department. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the department shall deem necessary.

(20) Planning projects. In carrying out planning projects:

(a) It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved by the department.

(b) It will furnish the department with reports pertaining to the planning project and planning work activities, as designated by the department.

(c) It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the state of Washington.

(d) It will make all material prepared in connection with this grant available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.

(e) It will give the department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant.

(f) It will grant the department the right to disapprove the sponsor's selection of specific consultants and their subcontractors to do all or any part of projects funded by this grant as well as the right to disapprove the proposed scope and cost of professional services.

(g) It will grant the department the right to disapprove the use of the sponsor's employees to do all or any part of the project.

(h) It understands and agrees that the department's approval of this project grant or the department's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the department to approve any pending or future application for an airport aid grant.

(21) Operation and maintenance. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States or the state of Washington, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for nonaeronautical purposes must first be approved by the department. In furtherance of this assurance, the sponsor will have in effect arrangements for:

(a) Operating the airport's aeronautical facilities whenever required;

(b) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and

(c) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor.

(22) Hazard removal and mitigation. It assures that such terminal airspace under the appropriate category of Federal Air Regulation Part 77, 14 C.F.R. 77, as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. Where hazards are on land owned by others, the sponsor will make every effort to coordinate with owners to mitigate airport hazards.

(23) Compatible land use. It shall, either by the acquisition and retention of property interest, in fee or easement, or by seeking enforcement of local zoning action, prevent the construction of any object which may constitute an incompatible land use such as residential encroachment, wildlife attractants, uses that emit smoke, steam, glare, or electromagnetic interference, and height hazards. Sponsor will take proactive measures to discourage incompatible land uses adjacent to the airport, to include a formal consultation with local jurisdictions on land use issues, and support and/or recommend land use regulations consistent with WSDOT best management practices found in WSDOT's Airports and Compatible Land Use Guidebook.

(24) Economic nondiscrimination.

(a) It will make the airport available as an airport for public use and without discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport.

(b) In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:

(i) Furnish said services on a reasonable, nondiscriminatory, basis to all users thereof; and

(ii) Charge reasonable, and nondiscriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.

(c) Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities.

(d) Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport.

(e) Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.

(f) It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to, maintenance, repair, and fueling) that it may choose to perform. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.

(g) The sponsor may establish such reasonable, and nondiscriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.

(25) Exclusive rights. It will not grant exclusive right for the use of the airport to any person(s) providing, or intending to provide, aeronautical services to the public. For purposes of this subsection, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if the following apply:

(a) It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services;

(b) If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities including, but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity existing at such an airport before the grant of any assistance under RCW 47.68.090; and

(26) Fee and rental structure. It will maintain a competitive fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account factors such as the volume of traffic and economy of collection. No part of the state share of an airport development or airport planning project for which a grant is made under RCW 47.68.090 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.

(27) Airport revenues. All revenues generated by the airport and any local taxes established after December 30, 1987, on aviation fuel, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this subsection:

(a) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.

(b) If the department approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a twenty-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.

(c) When requested by the department, the sponsor will obtain an audit that will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes, and indicate whether funds paid or transferred to the owner or operator were paid or transferred in a manner consistent with state law and any other applicable provision of law, including any regulation promulgated by the secretary. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with state law.

(28) Reports and inspections. It will:

(a) Submit to the department such annual or special financial and operations reports as the department may request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the department; for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the department upon request;

(b) In a format and time prescribed by the department, provide to the department and make available to the public following each of its fiscal years, an annual report listing in detail:

(i) All amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and

(ii) All services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.

(29) Use by government aircraft. It will not charge the state or its agencies (except for those under contract), for limited but reasonable, nonroutine, search and rescue, law enforcement or public safety use of public landing and aircraft parking facilities. The sponsor may require written verification of an entity's official government business status, and notification prior to use of facilities.

(30) Land for state facilities. It will furnish without cost to the state of Washington for use in connection with any air traffic control or air navigation activities, or weather reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or for these same purposes, rights in buildings of the sponsor as the department considers necessary for construction, operation, and maintenance at state expense of space or facilities. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the department.

(31) Airport layout plan.

(a) It will provide airport layout plans (ALPs) as prescribed in WSDOT's Aviation Grant Procedures Manual. It will keep up-to-date at all times an airport layout plan of the airport showing:

(i) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all off-site areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;

(ii) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities;

(iii) The location of all existing and proposed nonaviation areas and of all existing improvements thereon; and

(iv) All proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the department which approval shall be evidenced by the signature of a duly authorized representative of the department on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations to the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the department and which might, in the opinion of the department, adversely affect the safety, utility, or efficiency of the airport.

(b) If a change or alteration in the airport or the facilities is made which the department determines adversely affects the safety, utility, or efficiency of any state-owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the department, the owner or operator will, if requested, by the department.

(i) Eliminate such adverse effect in a manner approved by the department; or

(ii) Bear all costs of relocating such property (or replacement thereof) to a site acceptable to the department and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the department's design standards beyond the control of the airport sponsor.

(32) Disposal of land.

(a) For land purchased under a grant for airport development purposes, it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the department an amount equal to the states' proportionate share of the fair market value of the land. The portion of the proceeds proportionate to the states' share of the cost of acquisition of such land will, upon application to the department, be reinvested or transferred to another eligible airport as prescribed by the department. The department shall give preference to the following, in descending order:

(i) Payment to the state of Washington for deposit in the aeronautics account; or

(ii) Reinvestment in an approved project that is eligible for grant funding under RCW 47.68.090.

(b) Land shall be considered to be needed for airport purposes under this assurance if:

(i) It may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land; and

(ii) The revenue from interim uses of such land contributes to the financial self-sufficiency of the airport.

(c) Disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.

(33) Engineering and design services. It will award each contract, or subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under WSDOT Consultant Services Manual M-27-50.02 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.

(34) Foreign market restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States trade representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. Sponsors are encouraged to "Buy American" whenever feasible and appropriate.

(35) Policies, standards, and specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the department and included in this grant, and in accordance with applicable state policies, standards, and specifications.

(36) Relocation and real property acquisition. It will be guided in acquiring real property, to the greatest extent practicable under state law, by the land acquisition policies in RCW 8.26.180.

(37) Disadvantaged business enterprises. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any department-assisted contract or in the administration of its DBE program or the requirements of Governor's Executive Order 12-02.

(38) Hangar construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long-term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. For the purpose of this section, a long-term lease is defined as not to exceed fifty years.

History

Statutory Authority: RCW 47.68.090. WSR 13-07-037, § 468-260-030, filed 3/14/13, effective 4/14/13.

Chapter 468-270 Setting toll amounts for toll facilities in Washington state.

Wash. Admin. Code § 468-270-010 Who sets the toll rates and toll rate policies?

The Washington state transportation commission determines and establishes toll rates and toll rate policies, including exemptions, for state toll facilities in Washington.

History

Statutory Authority: RCW 34.05.030, 47.46.100, 47.46.105, 47.56.030, 47.56.165, 47.56.795, 47.56.850, and 47.56.877. WSR 26-08-076, s 468-270-010, filed 3/30/26, effective 5/1/26. Statutory Authority: RCW 47.46.100 (1) and (2), 47.46.105(1), 47.56.030 (1)(b), 47.56.795(6), and 47.56.165(4). WSR 11-04-070, § 468-270-010, filed 1/28/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042. Statutory Authority: RCW 47.56.030, 47.46.100. WSR 07-13-010, § 468-270-010, filed 6/8/07, effective 7/9/07.

Wash. Admin. Code § 468-270-020 Who collects the tolls?

The Washington state department of transportation (WSDOT) is responsible for collecting tolls. However, WSDOT may contract with one or more independent toll collection companies to manage the day-to-day toll collection activities at its various toll facilities. All toll related revenues collected by any independent toll collection company through WSDOT are payable to the state of Washington.

History

Statutory Authority: RCW 34.05.030, 47.46.100, 47.46.105, 47.56.030, 47.56.165, 47.56.795, 47.56.850, and 47.56.877. WSR 26-08-076, s 468-270-020, filed 3/30/26, effective 5/1/26. Statutory Authority: RCW 47.56.030, 47.46.100. WSR 07-13-010, § 468-270-020, filed 6/8/07, effective 7/9/07.

Wash. Admin. Code § 468-270-030 Definitions.

"Express toll lanes" are as defined in WAC 468-305-001.

"Toll" is as defined in WAC 468-305-001.

"Toll rate policy" means a policy that governs how toll rates and administrative fees are applied, such as discounts, exemptions, eligibility criteria, pricing structures, and hours of operation.

"Transportation commission (commission)" means the Washington state transportation commission whose duties and composition are set out in chapter 47.01 RCW.

History

Statutory Authority: RCW 34.05.030, 47.46.100, 47.46.105, 47.56.030, 47.56.165, 47.56.795, 47.56.850, and 47.56.877. WSR 26-08-076, s 468-270-030, filed 3/30/26, effective 5/1/26. Statutory Authority: RCW 47.56.030, 47.56.795, 47.56.830, 47.56.850, 47.56.880, 47.56.884, 47.56.886, 47.56.888, and 47.56.895. WSR 25-15-020, s 468-270-030, filed 7/7/25, effective 8/7/25. Statutory Authority: RCW 47.46.100, 47.56.030, 47.46.105, 47.56.795, and 47.56.850. WSR 18-17-163, 19-01-066 and 19-10-006, § 468-270-030, filed 8/21/18, 12/14/18 and 4/18/19, effective 8/1/19. Statutory Authority: Chapter 47.46 RCW and RCW 47.56.165. WSR 15-08-038, § 468-270-030, filed 3/25/15, effective 4/25/15
WSR 13-12-006, § 468-270-030, filed 5/23/13, effective 7/1/13. Statutory Authority: RCW 47.56.870, 47.56.785, 47.56.795, 47.56.830, and 47.56.850. WSR 11-04-007, § 468-270-030, filed 1/20/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042. Statutory Authority: RCW 47.56.030, 47.46.100. WSR 07-13-010, § 468-270-030, filed 6/8/07, effective 7/9/07.

Wash. Admin. Code § 468-270-040 How are the tolls determined and adjusted?

(1) The toll rates for each facility take effect upon commencement of the tolling program on each new toll facility. Unless otherwise required by law, the collection of tolls on a facility will remain in effect until changed by the commission. Toll rates will be reviewed and are subject to change at least annually and more often as necessary to ensure the toll revenue of each facility meets the payment requirements and/or traffic efficiency requirements for that facility.

(2) When setting toll rates or toll rate policies for an eligible toll facility, the commission shall:

(a) Issue a written public notice which states the commission's intent to set or adjust toll rates or toll rate policies on a given facility. At a minimum, the notice must be published on the commission's website at least 30 days before any proposed rates or policies take effect.

(b) Carry out a public outreach process on a possible toll rate option or options under consideration by the commission. At a minimum, a public outreach process shall:

(i) Include a description of the proposed toll rates and/or toll rate policies on the commission's website; and

(ii) Provide an opportunity for the public to submit comments verbally, electronically, or in writing.

(c) After review of options and public input, if any, the commission shall select the applicable toll rates and may adopt the rates as soon as needed at an open public meeting of the commission.

(d) Within one week of adopting toll rates, the commission shall notify the public and stakeholder agencies, including WSDOT, of the toll rates, and provide the updated information on its website.

(3) If the commission determines that immediate adoption of a toll change is necessary in order to comply with the legal or financial obligations of the state including, but not limited to, state or federal law, federal rule, federal grant conditions, or the bond covenants of the state, then the commission may adopt a toll change on an emergency basis, without observing the notice and public outreach and input requirements of subsection (2) of this section.

(4) In accordance with chapter 47.46 RCW, the commission must consider the toll rate advice of the citizen advisory committee on any proposed toll charge schedule for the Tacoma Narrows Bridge.

History

Statutory Authority: RCW 34.05.030, 47.46.100, 47.46.105, 47.56.030, 47.56.165, 47.56.795, 47.56.850, and 47.56.877. WSR 26-08-076, s 468-270-040, filed 3/30/26, effective 5/1/26. Statutory Authority: RCW 47.56.030, 47.56.795, 47.56.830, 47.56.850, 47.56.880, 47.56.884, 47.56.886, 47.56.888, and 47.56.895. WSR 25-15-020, s 468-270-040, filed 7/7/25, effective 8/7/25. Statutory Authority: RCW 47.56.030, 47.56.795, 47.56.850, and 47.56.862. WSR 19-06-037, § 468-270-040, filed 3/1/19, effective 4/1/19. Statutory Authority: Chapter 47.56 RCW. WSR 16-11-091, § 468-270-040, filed 5/18/16, effective 7/1/16. Statutory Authority: Chapter 47.46 RCW and RCW 47.56.165. WSR 15-08-038, § 468-270-040, filed 3/25/15, effective 4/25/15. Statutory Authority: RCW 47.56.870, 47.56.785, 47.56.795, 47.56.830, and 47.56.850. WSR 11-04-007, § 468-270-040, filed 1/20/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042. Statutory Authority: RCW 47.56.030, 47.46.100. WSR 07-13-010, § 468-270-040, filed 6/8/07, effective 7/9/07.

Wash. Admin. Code § 468-270-050 What toll facilities are currently subject to this chapter?

Tolled facilities, as authorized under chapters 47.56 and 47.46 RCW, are eligible tolled facilities and subject to this chapter.

History

Statutory Authority: RCW 34.05.030, 47.46.100, 47.46.105, 47.56.030, 47.56.165, 47.56.795, 47.56.850, and 47.56.877. WSR 26-08-076, s 468-270-050, filed 3/30/26, effective 5/1/26. Statutory Authority: RCW 47.56.030, 47.56.795, 47.56.830, 47.56.850, 47.56.880, 47.56.884, 47.56.886, 47.56.888, and 47.56.895. WSR 25-15-020, s 468-270-050, filed 7/7/25, effective 8/7/25. Statutory Authority: RCW 47.56.030, 47.56.795, 47.56.850, and 47.56.862. WSR 19-06-037, § 468-270-050, filed 3/1/19, effective 4/1/19. Statutory Authority: Chapter 47.46 RCW and RCW 47.56.165. WSR 15-08-038, § 468-270-050, filed 3/25/15, effective 4/25/15. Statutory Authority: RCW 47.56.870, 47.56.785, 47.56.795, 47.56.830, and 47.56.850. WSR 11-04-007, § 468-270-050, filed 1/20/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042. Statutory Authority: RCW 47.56.030, 47.46.100. WSR 07-13-010, § 468-270-050, filed 6/8/07, effective 7/9/07.

Wash. Admin. Code § 468-270-055 Where can I find the current toll rates, policies, and administrative fees?

(1) Current toll rates and policies shall be maintained on the commission's website: https://wstc.wa.gov/programs/tolling/

(2) Rates and policies posted on the commission website are effective as of the date specified.

History

Statutory Authority: RCW 34.05.030, 47.46.100, 47.46.105, 47.56.030, 47.56.165, 47.56.795, 47.56.850, and 47.56.877. WSR 26-08-076, s 468-270-055, filed 3/30/26, effective 5/1/26.

Chapter 468-300 State ferries and toll bridges.

Wash. Admin. Code § 468-300-010 Ferry passenger tolls.

EFFECTIVE 03:00 A.M. October 1, 2025

| ROUTES | Full Fare9 | Senior/ Disabled (Half Fare)9 | Multiride Media 10 Round Trips1, 9 | Monthly Pass5, 9 | Bicycle Surcharge2 | | --- | --- | --- | --- | --- | --- | | Via Auto Ferry *Fauntleroy-Southworth | 8.70 | 4.35 | 71.60 | 114.55 | 1.00 | | *Seattle-Bremerton *Seattle-Bainbridge Island *Edmonds-Kingston | 11.05 | 5.50 | 90.40 | 144.65 | 1.00 | | Port Townsend-Coupeville | 4.85 | 2.40 | 81.60 | 130.55 | 0.50 | | *Fauntleroy-Vashon *Southworth-Vashon *Pt. Defiance-Tahlequah | 7.45 | 3.70 | 61.60 | 98.55 | 1.00 | | *Mukilteo-Clinton | 6.95 | 3.45 | 57.60 | 92.15 | 1.00 | | *Anacortes to Lopez, Shaw, Orcas or Friday Harbor | 17.50 | 8.75 | 117.25 | N/A | 2.006 | | Between Lopez, Shaw, Orcas and Friday Harbor4 | N/C | N/C | N/C | N/A | N/C | | Anacortes to Sidney and Sidney to all destinations | 25.45 | 12.70 | N/A | N/A | 4.007 | | From Lopez, Shaw, Orcas and Friday Harbor to Sidney | 16.15 | 8.20 | N/A | N/A | 2.008 | | Lopez, Shaw, Orcas and Friday Harbor to Sidney (round trip)3 | 31.30 | 15.40 | N/A | N/A | 4.007 |

| | All fares rounded to the nearest multiple of $0.05. | | --- | --- | | * | These routes operate as a one-point toll collection system with round trip tolls. | | | N/A: not applicable. | | | N/C: no charge. |

1MULTIRIDE MEDIA - A multiride pass provides 10 round-trip rides on all routes except Port Townsend/Coupeville, in which case the multiride pass is valid for 20 single-direction rides. A multiride pass shall be valid only for 90 days from date of purchase after which time the tickets shall not be accepted for passage. Remaining value will not be eligible for refund or exchange. There shall be no commercial resale of this fare media. For mail order deliveries, WSF may add additional days to allow for delivery times. Multiride media provides a 20% discount off of the full fare for all routes except for Anacortes to Lopez, Shaw, Orcas, or Friday Harbor. For Anacortes to Lopez, Shaw, Orcas, or Friday Harbor, multiride media provides a 35% discount off the full fare.

2BICYCLE SURCHARGE - Is an addition to the appropriate passenger fare. Customers using multiride media and monthly passes are exempt from the bicycle surcharge. On all routes except Anacortes/San Juan Islands/Sidney, B.C., customers paying with the ePurse or the ORCA card are exempt from the bicycle surcharge. Children/youth passengers 18 years and under are exempt from the bicycle surcharge. For the purposes of WSF fares determination, the bicycle fare category shall include both bicycles as defined by RCW 46.04.071 and electric-assisted bicycles as defined by RCW 46.04.169. Bicycles towing a kayak or canoe are to be charged the motorcycle/driver (stowage) rate in WAC 468-300-020. This rate includes the fare for the walk on passenger with the bicycle, and the kayak or canoe being towed by the bicycle. This requirement shall not apply to interisland travel in the San Juan Islands. All other bicycles towing trailers are charged the applicable bicycle surcharge.

3ROUND TRIP - Round trip passage for international travel available for trips beginning or ending on one of the Islands served.

4INTER-ISLAND FARES - Passenger fares included in Anacortes tolls.

5PASSES - Passenger passes are available for all routes except Anacortes/San Juan Islands/Sidney, B.C. Passes are valid for the period printed on the pass and will be presented to Washington state ferries staff or scanned through an automated turnstile whenever a passenger fare is collected. This pass is based on 16 days of passenger travel with the applicable multiride media discount. A $1.00 retail/shipping and handling fee will be added to the price of the pass.

A combination ferry-transit pass may be available for a particular route when determined by Washington state ferries and a local public transit agency to be a viable fare instrument. The WSF portion of the fare is based on 16 days of passenger travel per month at the applicable multiride media discount.

The monthly pass is valid for a maximum of 31 round trips per month, is nontransferable, is nonreproducible, and is intended for a single user. Monthly passes purchased through the regional SmartCard program are also nontransferable and intended for a single user, but allow for unlimited usage.

6BICYCLE SURCHARGE - This becomes $4.00 during peak season (May 1 through September 30).

7BICYCLE SURCHARGE - This becomes $6.00 during peak season (May 1 through September 30).

8BICYCLE SURCHARGE - This becomes $3.00 during peak season (May 1 through September 30).

9CAPITAL SURCHARGE - Included is a $1.00 capital surcharge on each single passenger fare collected. On all multiride cards except for Port Townsend/Coupeville, the included capital surcharge is $10.00. For Port Townsend/Coupeville, the included capital surcharge is $20.00 on multiride cards. On all monthly passes except Port Townsend/Coupeville, there is included a $16.00 capital surcharge. For Port Townsend/Coupeville, the included capital surcharge is $32.00 on monthly passes.

CHILDREN/YOUTH - Children/youth passengers 18 years and under will ride free of charge on all system routes.

SENIOR CITIZENS - Passengers age 65 and over, with proper identification establishing proof of age, may travel at half-fare passenger tolls on any route where passenger fares are collected, which will be rounded down to the nearest multiple of $0.05.

PEOPLE WITH DISABILITIES - Any person who has a physical or mental impairment that substantially limits one or more major life activity and has a WSF Disability Travel Permit, Regional Reduced Fare Permit, or other identification which establishes a disability may travel at half-fare passenger tolls on any route where passenger fares are collected, which will be rounded down to the nearest multiple of $0.05. In addition, people with disabilities who require attendant care while traveling on the ferries, and are so certified by their physician, may obtain an endorsement on their WSF Disability Travel Permit and such endorsement shall allow the attendant to travel free as a passenger.

BUS PASSENGERS - Passengers traveling on public transit buses pay the applicable fare. Passengers traveling in private or commercial buses will be charged the half-fare rate, which will be rounded down to the nearest multiple of $0.05.

MEDICARE CARD HOLDERS - Any person holding a medicare card duly issued to that person pursuant to Title II or Title XVIII of the Social Security Act may travel at half-fare passenger tolls, which will be rounded down to the nearest multiple of $0.05 on any route upon presentation of a WSF Disability Travel Permit or a Regional Reduced Fare Permit at time of travel.

IN-NEED ORGANIZATIONS - For qualified organizations serving in-need clients by providing tickets for transportation on WSF at no cost to clients, program would offer a monthly discount to approximate appropriate multiride media discount rates. Appointing bodies (those that appoint Ferry Advisory Committees) will nominate to the Washington State Transportation Commission those organizations that meet the criteria of the program. The Commission will review such nominations and certify those organizations that qualify. The following criteria will be used for nominating and certifying in-need organizations: Nongovernmental and not-for-profit organizations whose primary purpose is one or more of the following: Help clients with medical issues; provide clients with low-income social services; help clients suffering from domestic violence; provide clients with employment-seeking services; and/or help clients with Social Security. Travel will be initially charged based on full fare and billed monthly. The credits will be approximately based on the discount rates offered to multiride media users applicable on the date of travel.

PROMOTIONAL TOLLS - A promotional rate may be established at the discretion of the WSF Deputy Secretary for a specific discount in order to enhance total revenue and effective only at designated times on designated routes. A promotional fare product may also be established to support tourism or other special events. The promotional fare or product may be bundled and sold as part of a multiparty promotional program.

Special passenger fare rate(s) may be established for a pilot program in conjunction with the Central Puget Sound Regional Fare Integration project on ferry route(s) serving King, Pierce, Snohomish and Kitsap counties. The rate(s) may be established at the discretion of the WSF Deputy Secretary for a specific discount not to exceed 50 percent of full fare.

SCHOOL GROUPS - Passengers traveling in authorized school groups, including home-school groups, will be charged a flat rate of $5.00 per walk-on group or per vehicle of students and/or advisors and staff. All school groups require a letter of authorization and prior notification. In the case of home-school groups, in addition to prior notification, a copy of the filed Declaration of Intent (as outlined in RCW 28A.200.010) shall be submitted to the tollbooth at the time of travel. Notification shall be made no less than 72 hours before the scheduled departure and will include the expected number of school-age children and adults that will be traveling to ensure WSF can satisfy U.S. Coast Guard lifesaving equipment requirements. Failure to provide adequate notification may result in delayed travel. Vehicles and drivers will be charged the fare applicable to vehicle size. The special school rate is $10.00 on routes where one-point toll systems are in effect.

BUNDLED SINGLE FARE BOOKS - WSF may bundle single fare types into multiride media as a customer convenience. Remaining value will not be eligible for refund or exchange. For mail order deliveries, WSF may add additional days for delivery times.

FIRE DEPARTMENT AND FIRE DISTRICT FARE CONSIDERATION - At the discretion of the WSF Deputy Secretary, WSF may authorize no-fare or discounted fare passage on scheduled and/or special ferry sailings for fire departments and fire districts that provide contracted fire protection services for WSF ferry terminals and/or other WSF facilities within their jurisdiction. Such passage shall be considered full and complete consideration for such fire protection services, in lieu of annual payments for such services, to be so noted in such fire protection agreements. The scope of such authorization includes designated fire department and fire district vehicles (see below), drivers and passengers en route to and from an emergency call, on ferry routes with a WSF terminal and/or other WSF facility served by a fire department or fire district pursuant to a WSF fire protection service agreement. Authorized vehicles may include public fire department and fire district medical aid units, fire trucks, incident command and/or other vehicles dispatched to and returning from an emergency call.

GROUP OR VOLUME SALES - In order to increase total revenues, WSF may develop full fare or discounted customer packages or bundle single fare types into multiride media or offer passes for high volume or group users. In pricing these packages, WSF will have discretion to set appropriate volume discounts based on a case-by-case basis.

SPECIAL EVENTS - In order to increase total revenues, WSF may develop, create or participate in special events that may include, but not be limited to, contributing or packaging discounted fares in exchange for the opportunity to participate in the income generated by the event.

LOW-INCOME FARE PILOT - Starting no earlier than January 1, 2020, special passenger fare rate(s) may be established for a pilot program offering a low-income fare on any ferry route for riders made eligible through an existing transit agency's low-income fare program. Enactment of this program is dependent upon legislative funding for the pilot project. If funded, Washington State Ferries' Deputy Secretary shall submit a proposal to carry out this pilot program and the Washington State Transportation Commission must approve both the program and the fare schedule before it is implemented. Once implemented, WSF shall provide, at a minimum, updates to the Commission every six months on the pilot. The pilot will conclude no longer than three years from its implementation.

GOOD TO GO! PILOT - Special ferry toll rate(s) may be established for a pilot program of Good to Go! or similar fare collection infrastructure, technology, or ORCA replacement system on any ferry route. Washington State Ferries Deputy Secretary shall design the program and submit a proposed program and fare schedule to the Washington State Transportation Commission. The Commission shall review, modify and approve the proposed fare schedule and fare policies before it is implemented. Once implemented, WSF shall provide, at a minimum, updates to the Commission every six months on the pilot. The pilot will conclude no longer than three years from its implementation.

EFFECTIVE 03:00 A.M. May 1, 2026

| ROUTES | Full Fare8 | Senior/ Disabled (Half Fare)9 | Multiride Media 10 Round Trips1, 9 | Monthly Pass5, 8 | Bicycle Surcharge2 | | --- | --- | --- | --- | --- | --- | | Via Auto Ferry *Fauntleroy-Southworth | 9.00 | 4.50 | 74.00 | 118.40 | 1.00 | | *Seattle-Bremerton *Seattle-Bainbridge Island *Edmonds-Kingston | 11.35 | 5.65 | 92.80 | 148.50 | 1.00 | | Port Townsend-Coupeville | 5.00 | 2.50 | 84.00 | 134.40 | 0.50 | | *Fauntleroy-Vashon *Southworth-Vashon *Pt. Defiance-Tahlequah | 7.60 | 3.80 | 62.80 | 100.50 | 1.00 | | *Mukilteo-Clinton | 7.10 | 3.55 | 58.80 | 94.10 | 1.00 | | *Anacortes to Lopez, Shaw, Orcas or Friday Harbor | 18.00 | 9.00 | 120.50 | N/A | 2.006 | | Between Lopez, Shaw, Orcas and Friday Harbor4 | N/C | N/C | N/C | N/A | N/C | | Anacortes to Sidney and Sidney to all destinations | 26.20 | 13.10 | N/A | N/A | 4.007 | | From Lopez, Shaw, Orcas and Friday Harbor to Sidney | 16.60 | 8.40 | N/A | N/A | 2.008 | | Lopez, Shaw, Orcas and Friday Harbor to Sidney (round trip)3 | 32.20 | 15.80 | N/A | N/A | 4.007 |

| | All fares rounded to the nearest multiple of $0.05. | | --- | --- | | * | These routes operate as a one-point toll collection system with round trip tolls. | | | N/A: non applicable. | | | N/C: no charge. |

1MULTIRIDE MEDIA - A multiride pass provides 10 round-trip rides on all routes except Port Townsend/Coupeville, in which case the multiride pass is valid for 20 single-direction rides. A multiride pass shall be valid only for 90 days from date of purchase after which time the tickets shall not be accepted for passage. As a pilot, and subject to review by the commission, multiride passes are valid for an additional 30 days (to 120 days total). Remaining value will not be eligible for refund or exchange. There shall be no commercial resale of this fare media. For mail order deliveries, WSF may add additional days to allow for delivery times. Multiride media provides a 20% discount off of the full fare for all routes except for Anacortes to Lopez, Shaw, Orcas, or Friday Harbor. For Anacortes to Lopez, Shaw, Orcas, or Friday Harbor, multiride media provides a 35% discount off the full fare.

3ROUND TRIP - Round trip passage for international travel available for trips beginning or ending on one of the Islands served.

4INTER-ISLAND FARES - Passenger fares included in Anacortes tolls.

6BICYCLE SURCHARGE - This becomes $4.00 during peak season (May 1 through September 30).

7BICYCLE SURCHARGE - This becomes $6.00 during peak season (May 1 through September 30).

8BICYCLE SURCHARGE - This becomes $3.00 during peak season (May 1 through September 30).

9CAPITAL SURCHARGE - Included is a $1.00 capital surcharge on each single passenger fare collected. On all multiride cards except for Port Townsend/Coupeville, the included capital surcharge is $10.00. For Port Townsend/Coupeville, the included capital surcharge is $20.00 on multiride cards. On all monthly passes except Port Townsend/Coupeville, there is an included $16.00 capital surcharge. For Port Townsend/Coupeville, the included capital surcharge is $32.00 on monthly passes.

CHILDREN/YOUTH - Children/youth passengers 18 years and under will ride free of charge on all system routes.

SCHOOL GROUPS - Passengers traveling in authorized school groups, including home-school groups, will be charged a flat rate of $5 per walk-on group or per vehicle of students and/or advisors and staff. All school groups require a letter of authorization and prior notification. In the case of home-school groups, in addition to prior notification, a copy of the filed Declaration of Intent (as outlined in RCW 28A.200.010) shall be submitted to the tollbooth at the time of travel. Notification shall be made no less than 72 hours before the scheduled departure and will include the expected number of school-age children and adults that will be traveling to ensure WSF can satisfy U.S. Coast Guard lifesaving equipment requirements. Failure to provide adequate notification may result in delayed travel. Vehicles and drivers will be charged the fare applicable to vehicle size. The special school rate is $10.00 on routes where one-point toll systems are in effect.

History

Statutory Authority: RCW 47.56.030 and 47.60.315. WSR 25-17-028, s 468-300-010, filed 8/12/25, effective 10/1/25
WSR 23-17-106, § 468-300-010, filed 8/17/23, effective 9/17/23. Statutory Authority: RCW 47.60.840, 47.60.315, and 47.56.030. WSR 22-18-017, § 468-300-010, filed 8/26/22, effective 10/1/22. Statutory Authority: RCW 47.56.030 and 47.60.315. WSR 21-18-069, § 468-300-010, filed 8/26/21, effective 9/26/21. Statutory Authority: RCW 47.56.030, 47.60.315, and 2019 c 431. WSR 19-18-004, § 468-300-010, filed 8/22/19, effective 9/22/19. Statutory Authority: RCW 47.56.030 and 47.60.315. WSR 17-18-018, § 468-300-010, filed 8/25/17, effective 9/25/17
WSR 15-18-002, § 468-300-010, filed 8/19/15, effective 10/1/15
WSR 13-18-019, § 468-300-010, filed 8/26/13, effective 9/26/13
WSR 11-18-034, § 468-300-010, filed 8/30/11, effective 10/1/11 and 5/1/12. Statutory Authority: RCW 47.56.030, 47.60.326. WSR 10-24-028, § 468-300-010, filed 11/19/10, effective 1/1/11
WSR 09-19-044, § 468-300-010, filed 9/10/09, effective 10/11/09
WSR 08-08-070, § 468-300-010, filed 3/31/08, effective 5/1/08
WSR 07-08-064, § 468-300-010, filed 3/29/07, effective 5/1/07
WSR 06-08-036, § 468-300-010, filed 3/29/06, effective 5/1/06
WSR 05-10-041, § 468-300-010, filed 4/28/05, effective 6/1/05
WSR 03-08-072, § 468-300-010, filed 4/1/03, effective 5/2/03
WSR 02-09-010, § 468-300-010, filed 4/5/02, effective 5/6/02
WSR 01-11-010, § 468-300-010, filed 5/3/01, effective 6/3/01
WSR 00-24-050, § 468-300-010, filed 11/30/00, effective 12/31/00
WSR 99-08-066, § 468-300-010, filed 4/5/99, effective 5/6/99
WSR 98-08-051, § 468-300-010, filed 3/27/98, effective 4/27/98
WSR 96-05-046 and 96-05-047 (Orders 79 and 80), § 468-300-010, filed 2/16/96, effective 3/19/96
WSR 94-18-014 (Order 77), § 468-300-010, filed 8/25/94, effective 9/25/94
WSR 94-07-104 (Order 75), § 468-300-010, filed 3/18/94, effective 4/18/94
WSR 93-18-005, § 468-300-010, filed 8/19/93, effective 9/19/93
WSR 92-18-005, § 468-300-010, filed 8/20/92, effective 9/20/92
WSR 91-18-022 (Order 72), § 468-300-010, filed 8/27/91, effective 9/27/91
WSR 89-14-052 (Order 67, Resolution No. 354), § 468-300-010, filed 6/30/89
WSR 89-04-014 (Order 66, Resolution No. 343), § 468-300-010, filed 1/23/89, effective 7/1/89
WSR 87-12-005 (Order 61, Resolution No. 298), § 468-300-010, filed 5/21/87. Statutory Authority: RCW 47.60.290, 47.60.300 and 47.60.326. WSR 86-24-009 (Order 59, Resolution No. 287), § 468-300-010, filed 11/21/86. Statutory Authority: RCW 47.60.326. WSR 86-06-010 (Order 54, Resolution No. 263), § 468-300-010, filed 2/21/86
WSR 85-11-007 (Order 44, Resolution No. 241), § 468-300-010, filed 5/3/85
WSR 84-11-052 (Order 42, Resolution Nos. 221 and 222), § 468-300-010, filed 5/17/84
WSR 84-10-002 (Order 41, Resolution No. 218), § 468-300-010, filed 4/20/84
WSR 83-07-062 (Order 33, Resolution No. 175), § 468-300-010, filed 3/22/83
WSR 82-07-063 (Order 28, Resolution No. 143), § 468-300-010, filed 3/22/82. Statutory Authority: RCW 47.60.325 and 47.56.030. WSR 81-15-099 (Order 23, Resolution No. 117), § 468-300-010, filed 7/22/81. Statutory Authority: RCW 47.60.325. WSR 81-08-044 (Order 17, Resolution No. 104), § 468-300-010, filed 3/31/81
WSR 80-16-012 (Order 16, Resolution No. 90), § 468-300-010, filed 10/27/80
WSR 80-04-104 (Order 15, Resolution No. 72), § 468-300-010, filed 4/1/80
WSR 79-09-136 (Order 11, Resolution No. 57), § 468-300-010, filed 9/5/79
WSR 79-04-047 (Order 6, Resolution No. 44), § 468-300-010, filed 3/27/79
WSR 78-06-040 (Order 2, Resolution No. 21), § 468-300-010, filed 5/19/78.

Wash. Admin. Code § 468-300-020 Vehicle under 22', motorcycle, and stowage ferry tolls.

EFFECTIVE 03:00 A.M. October 1, 2025

| ROUTES | Vehicle Under 14' Incl. Driver One Way7 | Vehicle Under 14' w/Sr Citizen or Disabled Driver4, 7 | Vehicle under 14' Multiride Media 20 Rides2, 7 | | --- | --- | --- | --- | | Fauntleroy-Southworth Port Townsend/Coupeville | 12.25 | 10.05 | 200.00 | | Seattle-Bainbridge Island Seattle-Bremerton Edmonds-Kingston | 15.60 | 12.80 | 253.60 | | *Fauntleroy-Vashon *Southworth-Vashon *Pt. Defiance-Tahlequah | 19.70 | 15.95 | 159.60 | | Mukilteo-Clinton | 9.65 | 7.90 | 158.40 | | 10 Rides - 5 Round Trips | | | | | *Anacortes to Lopez | 35.10 | 26.35 | 132.90 | | *Anacortes to Shaw, Orcas | 42.05 | 33.30 | 158.95 | | *Anacortes to Friday Harbor | 49.70 | 40.95 | 187.65 | | Between Lopez, Shaw, Orcas and Friday Harbor3 | 21.15 | 21.15 | 85.60 | | International Travel | | | | | Anacortes to Sidney and Sidney to all destinations | 57.05 | 44.30 | N/A | | Lopez, Shaw, Orcas and Friday Harbor to Sidney | 35.70 | 27.75 | N/A | | Lopez, Shaw, Orcas and Friday Harbor to Sidney (round trip)5 | 70.40 | 54.50 | N/A |

| ROUTES | Vehicle 14' to Under 22' Incl. Driver One Way7 | Vehicle 14' to Under 22' w/Sr Citizen or Disabled Driver4, 7 | Vehicle 14' to Under 22' Multiride Media 20 Rides2, 7 | | --- | --- | --- | --- | | Fauntleroy-Southworth Port Townsend/Coupeville | 15.40 | 13.20 | 250.40 | | Seattle-Bainbridge Island Seattle-Bremerton Edmonds-Kingston | 19.70 | 16.90 | 319.20 | | *Fauntleroy-Vashon *Southworth-Vashon *Pt. Defiance-Tahlequah | 24.95 | 21.20 | 201.60 | | Mukilteo-Clinton | 12.05 | 10.30 | 196.80 | | 10 Rides - 5 Round Trips | | | | | *Anacortes to Lopez | 44.00 | 35.25 | 166.25 | | *Anacortes to Shaw, Orcas | 52.60 | 43.85 | 198.50 | | *Anacortes to Friday Harbor | 62.35 | 53.60 | 235.05 | | Between Lopez, Shaw, Orcas and Friday Harbor3 | 29.80 | 29.80 | 120.20 | | International Travel | | | | | Anacortes to Sidney and Sidney to all destinations | 70.60 | 57.85 | N/A | | Lopez, Shaw, Orcas and Friday Harbor to Sidney | 44.10 | 36.15 | N/A | | Lopez, Shaw, Orcas and Friday Harbor to Sidney (round trip)5 | 87.20 | 71.30 | N/A |

EFFECTIVE 03:00 A.M. October 1, 2025

| ROUTES | Motorcycle Incl. Driver Stowage1, 7 One Way | Motorcycle w/Sr Citizen or Disabled Driver Stowage1, 7 One Way | Motorcycle Frequent User Commuter 20 Rides2, 7 | | --- | --- | --- | --- | | Fauntleroy-Southworth Port Townsend/Coupeville | 6.95 | 4.75 | 115.20 | | Seattle-Bainbridge Island Seattle-Bremerton Edmonds-Kingston | 8.75 | 5.95 | 144.00 | | *Fauntleroy-Vashon *Southworth-Vashon *Pt. Defiance-Tahlequah | 10.95 | 7.20 | 89.60 | | Mukilteo-Clinton | 5.60 | 3.85 | 93.60 | | *Anacortes to Lopez | 22.80 | 14.05 | 173.50 | | *Anacortes to Shaw, Orcas | 24.50 | 15.75 | 186.25 | | *Anacortes to Friday Harbor | 26.45 | 17.70 | 200.90 | | Between Lopez, Shaw, Orcas and Friday Harbor3 | 8.80 | 8.80 | N/A | | Anacortes to Sidney and Sidney to all destinations | 34.50 | 21.75 | N/A | | Lopez, Shaw, Orcas and Friday Harbor to Sidney | 21.75 | 13.80 | N/A | | Lopez, Shaw, Orcas and Friday Harbor to Sidney (round trip)5 | 42.50 | 26.60 | N/A |

| | All fares rounded to the nearest multiple of $0.05. | | --- | --- | | * | These routes operate as a one-point toll collection system with round trip tolls. | | | N/A: not applicable. |

1SIZE - Vehicles under 14' in length shall pay the vehicle under 14' toll. Customers may be required to provide documentation, digitally or on paper, at the tollbooth to prove vehicle length. Documentation may include an owner's manual, materials from an auto research website, or similar reference material that clearly lists the relevant vehicle specifications. Vehicles from 14' to under 22' in length shall pay the 14' to under 22' toll. Motorcycles towing a trailer and vehicles licensed as motorcycles with three or more wheels that are 8'0" or longer shall pay the appropriate length-based vehicle fare. Motorcycles include both mopeds and motorcycles as defined by RCW 46.04.304 and 46.04.330. Both are considered vehicles for the purposes of vehicle registration, license plate display, and WSF fare determination.

2MULTIRIDE MEDIA - A multiride pass shall be valid only for 90 days from date of purchase after which time the media shall not be accepted for passage. Remaining value will not be eligible for refund or exchange. There shall be no commercial resale of this fare media. For mail order deliveries, WSF may add additional days to allow for delivery time. The vehicle/driver multiride card may be used for passage for an attendant driver plus one disabled passenger. Multiride media provides a 20% discount off of the full fare for all routes except for Anacortes to Lopez, Shaw, Orcas, or Friday Harbor. For Anacortes to Lopez, Shaw, Orcas, or Friday Harbor, multiride media provides a 25% discount off the full fare.

3INTER-ISLAND FARES - Tolls collected westbound only. Vehicles traveling between islands may request a single transfer ticket good for one transfer at an intermediate island. The transfer may only be obtained when purchasing the appropriate vehicle fare for inter-island travel (westbound at Lopez, Shaw, or Orcas) and is free of charge. Transfers shall be valid until the end of the service day on the day of purchase.

4SENIOR CITIZENS - Passengers age 65 and over, with proper identification establishing proof of age, may travel at half-fare passenger tolls on any route where passenger fares are collected, which will be rounded down to the nearest multiple of $0.05. The half-fare discount applies to the driver portion of the vehicle-driver fare. The vehicle portion of the vehicle-driver fare is never further discounted.

PEOPLE WITH DISABILITIES - Any person who has a physical or mental impairment that substantially limits one or more major life activity and has a WSF Disability Travel Permit, Regional Reduced Fare Permit, or other identification which establishes a disability, may travel at half-fare passenger tolls on any route where passenger fares are collected, which will be rounded down to the nearest multiple of $0.05. The half-fare discount applies to driver portion of the vehicle-driver fare. The vehicle portion of the vehicle-driver fare is never discounted. In addition, people with disabilities who require attendant care while traveling on the ferries, and are so certified by their physician, may obtain an endorsement on their WSF Disability Travel Permit and such endorsement shall allow the attendant to travel free.

5ROUND TRIP - Round trip passage for international travel available for trips beginning or ending on one of the islands served.

6VEHICLE RESERVATION DEPOSIT - Nonrefundable deposits for advance vehicle reservations may be established at a level of from 25 to 100 percent of the applicable 14' to under 22' standard vehicle one way fare. This is a deposit toward the fare and not an additional fee and applies only to those routes where the legislature has approved the use of a reservation system. Where it is operationally necessary (routes where vehicle fares are collected in only one direction or to increase operational efficiency at the terminal) a reservation no-show fee may be used in lieu of a deposit. The no-show fee will be limited to 25 to 100 percent of the applicable one way 14' to under 22' standard vehicle fare and will be charged if the customer does not travel within the same service day as their reserved sailing, provided there are no service disruptions.

7CAPITAL SURCHARGE - Included is a $1.00 capital surcharge on each single vehicle/driver fare collected. On all multiride cards except for routes serving Vashon Island and the San Juan Islands, there is an included capital surcharge of $20.00. For Vashon Island routes, the included capital surcharge is $10.00 on multiride cards. For motorcycles in the San Juan Islands, the included capital surcharge on multiride cards is $10.00. For vehicles under 22' in the San Juan Islands, the included capital surcharge on multiride cards is $5.00.

RIDE SHARE VEHICLES - A commuter ride share vehicle which carries three or more persons on a regular and expense-sharing basis for the purpose of travel to and from work or school and which is certified as such by a local organization approved by the Washington state ferry system, may purchase for a $20.00 fee, a permit valid for one year valid only during the hours shown on the permit. The $20.00 fee shall include the driver. Remaining passengers shall pay the applicable passenger fare. Except that the minimum total paid for all passengers in the van shall not be less than two times the applicable passenger fare. Carpools of three or more registered in WSF's preferential loading program must also pay a $20.00 yearly permit fee.

STOWAGE - Stowage carry-on items including kayaks, canoes and other items of comparable size which are typically stowed on the vehicle deck of the vessel shall be charged at the motorcycle rate. This rate includes the walk-on passenger carrying on the item to be stowed.

PEAK SEASON SURCHARGE - A 35% surcharge shall be applied to vehicles from May 1 through September 30 except those using multiride media. The resulting fare is rounded to the nearest $0.05 if required.

IN-NEED ORGANIZATIONS - For qualified organizations serving in-need clients by providing tickets for transportation on WSF at no cost to clients, program would offer a monthly discount to approximate appropriate multiride media discount rates. Appointing bodies (those that appoint Ferry Advisory Committees) will nominate to the Washington State Transportation Commission those organizations that meet the criteria of the program. The Commission will review such nominations and certify those organizations that qualify. The following criteria will be used for nominating and certifying in-need organizations: Nongovernmental and not-for-profit organizations whose primary purpose is one or more of the following: Help clients with medical issues; provide clients with low-income social services; help clients suffering from domestic violence; provide clients with employment-seeking services; and/or help clients with Social Security. Travel will be initially charged based on full fare and billed monthly. The credits will be approximate based on the discount rates offered to multiride media users applicable on the date of travel.

PENALTY CHARGES - Owner of vehicle without driver will be assessed a $100.00 penalty charge.

PROMOTIONAL TOLLS - A promotional rate may be established at the discretion of the WSF Deputy Secretary for a specified discount in order to enhance total revenue and effective only at designated times on designated routes. A promotional fare product may also be established to support tourism or other special events. The promotional fare or product may be bundled and sold as part of a multiparty promotional program.

BUNDLED SINGLE FARE MEDIA - WSF may bundle single fare types into multiple trip books as a customer convenience. Remaining value will not be eligible for refund or exchange. For mail order deliveries, WSF may add additional days to allow for delivery time.

EFFECTIVE 03:00 A.M. May 1, 2026

| ROUTES | Vehicle Under 14' Incl. Driver One Way7 | Vehicle Under 14' w/Sr Citizen or Disabled Driver4, 7 | Vehicle Under 14' Multiride Media 20 Rides2, 7 | | --- | --- | --- | --- | | Fauntleroy-Southworth Port Townsend/Coupeville | 12.55 | 10.30 | 204.80 | | Seattle-Bainbridge Island Seattle-Bremerton Edmonds-Kingston | 16.05 | 13.20 | 260.80 | | *Fauntleroy-Vashon *Southworth-Vashon *Pt. Defiance-Tahlequah | 20.25 | 16.45 | 164.00 | | Mukilteo-Clinton | 9.85 | 8.05 | 161.60 | | 10 Rides - 5 Round Trips | | | | | *Anacortes to Lopez | 36.15 | 27.15 | 136.80 | | *Anacortes to Shaw, Orcas | 43.30 | 34.30 | 163.65 | | *Anacortes to Friday Harbor | 51.20 | 42.20 | 193.25 | | Between Lopez, Shaw, Orcas and Friday Harbor3 | 21.75 | 21.75 | 88.00 | | International Travel | | | | | Anacortes to Sidney and Sidney to all destinations | 58.75 | 45.65 | N/A | | Lopez, Shaw, Orcas and Friday Harbor to Sidney | 36.75 | 28.55 | N/A | | Lopez, Shaw, Orcas and Friday Harbor to Sidney (round trip)5 | 72.50 | 56.10 | N/A |

EFFECTIVE 03:00 A.M. May 1, 2026

| ROUTES | Vehicle 14' to Under 22' Incl. Driver One Way7 | Vehicle 14' to Under 22' w/Sr Citizen or Disabled Driver4, 7 | Vehicle 14' to Under 22' Multiride Media 20 Rides2, 7 | | --- | --- | --- | --- | | Fauntleroy-Southworth Port Townsend/Coupeville6 | 15.80 | 13.55 | 256.80 | | Seattle-Bainbridge Island Seattle-Bremerton Edmonds-Kingston | 20.25 | 17.40 | 328.00 | | *Fauntleroy-Vashon *Southworth-Vashon *Pt. Defiance-Tahlequah | 25.65 | 21.85 | 207.20 | | Mukilteo-Clinton | 12.35 | 10.55 | 201.60 | | 10 Rides - 5 Round Trips | | | | | *Anacortes to Lopez6 | 45.25 | 36.25 | 170.95 | | *Anacortes to Shaw, Orcas6 | 54.15 | 45.15 | 204.30 | | *Anacortes to Friday Harbor6 | 64.15 | 55.15 | 241.80 | | Between Lopez, Shaw, Orcas and Friday Harbor3 | 30.65 | 30.65 | 123.60 | | International Travel | | | | | Anacortes to Sidney and Sidney to all destinations6 | 72.70 | 59.60 | N/A | | Lopez, Shaw, Orcas and Friday Harbor to Sidney | 45.40 | 37.20 | N/A | | Lopez, Shaw, Orcas and Friday Harbor to Sidney (round trip)6 | 89.80 | 73.40 | N/A |

EFFECTIVE 03:00 A.M. May 1, 2026

| ROUTES | Motorcycle Incl. Driver Stowage1, 7 One Way | Motorcycle w/Sr Citizen or Disabled Driver Stowage1, 7 One Way | Motorcycle Frequent User Commuter 20 Rides2, 7 | | --- | --- | --- | --- | | Fauntleroy-Southworth Port Townsend/Coupeville6 | 7.15 | 4.90 | 118.40 | | Seattle-Bainbridge Island Seattle-Bremerton Edmonds-Kingston | 9.00 | 6.15 | 148.00 | | *Fauntleroy-Vashon *Southworth-Vashon *Pt. Defiance-Tahlequah | 11.20 | 7.40 | 91.60 | | Mukilteo-Clinton | 5.70 | 3.90 | 95.20 | | *Anacortes to Lopez6 | 23.45 | 14.45 | 178.40 | | *Anacortes to Shaw, Orcas6 | 25.25 | 16.25 | 191.90 | | *Anacortes to Friday Harbor6 | 27.25 | 18.25 | 206.90 | | Between Lopez, Shaw, Orcas and Friday Harbor3 | 9.05 | 9.05 | N/A | | Anacortes to Sidney and Sidney to all destinations6 | 35.50 | 22.40 | N/A | | Lopez, Shaw, Orcas and Friday Harbor to Sidney | 22.35 | 14.15 | N/A | | Lopez, Shaw, Orcas and Friday Harbor to Sidney (round trip)6 | 43.70 | 27.30 | N/A |

| | All fares rounded to the nearest multiple of $0.05. | | --- | --- | | * | These routes operate as a one-point toll collection system with round trip tolls. | | | N/A: not applicable. |

2MULTIRIDE MEDIA - A multiride pass shall be valid only for 90 days from date of purchase after which time the media shall not be accepted for passage. As a pilot, and subject to review by the commission, multiride passes are valid for an additional 30 days (to 120 days total). Remaining value will not be eligible for refund or exchange. There shall be no commercial resale of this fare media. For mail order deliveries, WSF may add additional days to allow for delivery time. The vehicle/driver multiride card may be used for passage for an attendant driver plus one disabled passenger. Multiride media provides a 20% discount off of the full fare for all routes except for Anacortes to Lopez, Shaw, Orcas, or Friday Harbor. For Anacortes to Lopez, Shaw, Orcas, or Friday Harbor, multiride media provides a 25% discount off the full fare.

PEOPLE WITH DISABILITIES - Any person who has a physical or mental impairment that substantially limits one or more major life activity and has a WSF Disability Travel Permit, Regional Reduced Fare Permit, or other identification which establishes a disability, may travel at half-fare passenger tolls on any route where passenger fares are collected, which will be rounded down to the nearest multiple of $0.05. The half-fare discount applies to driver portion of the vehicle-driver fare. The vehicle portion of the vehicle-driver fare is never discounted. In addition, people with disabilities who require attendant care while traveling on the ferries, and are so certified by their physician, may obtain an endorsement on their WSF Disability Travel Permit and such endorsement shall allow the attendant to travel free.

5ROUND TRIP - Round trip passage for international travel available for trips beginning or ending on one of the islands served.

IN-NEED ORGANIZATIONS - For qualified organizations serving in-need clients by providing tickets for transportation on WSF at no cost to clients, program would offer a monthly discount to approximate appropriate multiride media discount rates. Appointing bodies (those that appoint Ferry Advisory Committees) will nominate to the Washington State Transportation Commission those organizations that meet the criteria of the program. The Commission will review such nominations and certify those organizations that qualify. The following criteria will be used for nominating and certifying in-need organizations: Nongovernmental and not-for-profit organizations whose primary purpose is one or more of the following: Help clients with medical issues; provide clients with low-income social services; help clients suffering from domestic violence; provide clients with employment-seeking services; and/or help clients with Social Security. Travel will be initially charged based on full fare and billed monthly. The credits will be approximate based on the discount rates offered to multiride media users applicable on the date of travel.

PENALTY CHARGES - Owner of vehicle without driver will be assessed a $100.00 penalty charge.

History

Statutory Authority: RCW 47.56.030 and 47.60.315. WSR 25-17-028, s 468-300-020, filed 8/12/25, effective 10/1/25
WSR 23-17-106, § 468-300-020, filed 8/17/23, effective 9/17/23
WSR 21-18-069, § 468-300-020, filed 8/26/21, effective 9/26/21. Statutory Authority: RCW 47.56.030, 47.60.315, and 2019 c 431. WSR 19-18-004, § 468-300-020, filed 8/22/19, effective 9/22/19. Statutory Authority: RCW 47.56.030 and 47.60.315. WSR 17-18-018, § 468-300-020, filed 8/25/17, effective 9/25/17
WSR 15-18-002, § 468-300-020, filed 8/19/15, effective 10/1/15
WSR 13-18-019, § 468-300-020, filed 8/26/13, effective 9/26/13
WSR 11-18-034, § 468-300-020, filed 8/30/11, effective 10/1/11 and 5/1/12. Statutory Authority: RCW 47.56.030, 47.60.326. WSR 10-24-028, § 468-300-020, filed 11/19/10, effective 1/1/11
WSR 09-19-044, § 468-300-020, filed 9/10/09, effective 10/11/09
WSR 08-08-070, § 468-300-020, filed 3/31/08, effective 5/1/08
WSR 07-08-064, § 468-300-020, filed 3/29/07, effective 5/1/07
WSR 06-08-036, § 468-300-020, filed 3/29/06, effective 5/1/06
WSR 05-10-041, § 468-300-020, filed 4/28/05, effective 6/1/05
WSR 03-08-072, § 468-300-020, filed 4/1/03, effective 5/2/03
WSR 02-09-010, § 468-300-020, filed 4/5/02, effective 5/6/02
WSR 01-11-010, § 468-300-020, filed 5/3/01, effective 6/3/01
WSR 00-24-050, § 468-300-020, filed 11/30/00, effective 12/31/00
WSR 99-08-066, § 468-300-020, filed 4/5/99, effective 5/6/99
WSR 98-08-051, § 468-300-020, filed 3/27/98, effective 4/27/98
WSR 96-19-045 (Order 82), § 468-300-020, filed 9/12/96, effective 10/13/96
WSR 94-18-014 (Order 77), § 468-300-020, filed 8/25/94, effective 9/25/94
WSR 94-07-104 (Order 75), § 468-300-020, filed 3/18/94, effective 4/18/94
WSR 93-18-005, § 468-300-020, filed 8/19/93, effective 9/19/93
WSR 92-18-005, § 468-300-020, filed 8/20/92, effective 9/20/92
WSR 91-18-022 (Order 72), § 468-300-020, filed 8/27/91, effective 9/27/91
WSR 89-14-052 (Order 67, Resolution No. 354), § 468-300-020, filed 6/30/89
WSR 89-04-014 (Order 66, Resolution No. 343), § 468-300-020, filed 1/23/89, effective 7/1/89
WSR 87-12-005 (Order 61, Resolution No. 298), § 468-300-020, filed 5/21/87. Statutory Authority: RCW 47.60.326. WSR 86-06-010 (Order 54, Resolution No. 263), § 468-300-020, filed 2/21/86
WSR 85-11-007 (Order 44, Resolution No. 241), § 468-300-020, filed 5/3/85
WSR 84-11-052 (Order 42, Resolution Nos. 221 and 222), § 468-300-020, filed 5/17/84
WSR 84-10-002 (Order 41, Resolution No. 218), § 468-300-020, filed 4/20/84
WSR 83-07-062 (Order 33, Resolution No. 175), § 468-300-020, filed 3/22/83
WSR 82-07-063 (Order 28, Resolution No. 143), § 468-300-020, filed 3/22/82. Statutory Authority: RCW 47.60.325 and 47.56.030. WSR 81-15-099 (Order 23, Resolution No. 117), § 468-300-020, filed 7/22/81. Statutory Authority: RCW 47.60.325. WSR 81-08-044 (Order 17, Resolution No. 104), § 468-300-020, filed 3/31/81
WSR 80-04-104 (Order 15, Resolution No. 72), § 468-300-020, filed 4/1/80
WSR 79-09-136 (Order 11, Resolution No. 57), § 468-300-020, filed 9/5/79
WSR 79-04-047 (Order 6, Resolution No. 44), § 468-300-020, filed 3/27/79
WSR 78-06-040 (Order 2, Resolution No. 21), § 468-300-020, filed 5/19/78.

Wash. Admin. Code § 468-300-040 Oversize vehicle ferry tolls.

EFFECTIVE 03:00 A.M. October 1, 2025

| Oversize Vehicle Ferry Tolls1 Overall Unit Length - Including Driver | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | ROUTES | 22' To Under 30' Under 7'2" High5 | 22' To Under 30' 7'2" High or Over5 | 30' To Under 40'5 | 40' To Under 50'5 | 50' To Under 60'5 | 60' To under 70'5 | 70' To and include 80'5 | Cost Per Ft. Over 80' | | Fauntleroy-Southworth Port Townsend/Coupeville | 22.60 | 44.20 | 58.60 | 73.00 | 87.40 | 101.80 | 116.20 | 1.45 | | Seattle-Bainbridge Island Seattle/Bremerton Edmonds-Kingston | 29.05 | 57.10 | 75.80 | 94.50 | 113.20 | 131.90 | 150.60 | 1.85 | | *Fauntleroy-Vashon *Southworth-Vashon *Pt. Defiance-Tahlequah | 36.90 | 72.80 | 96.75 | 120.70 | 144.60 | 168.55 | 192.50 | 2.40 | | Mukilteo-Clinton | 17.55 | 34.10 | 45.15 | 56.15 | 67.20 | 78.25 | 89.25 | 1.10 | | *Anacortes to Lopez2 | 65.55 | 130.05 | 173.05 | 216.05 | 259.05 | 302.05 | 345.10 | 4.30 | | *Anacortes to Shaw, Orcas2 | 78.45 | 155.85 | 207.45 | 259.05 | 310.65 | 362.30 | 413.90 | 5.15 | | *Anacortes to Friday Harbor | 93.00 | 185.00 | 246.35 | 307.70 | 369.00 | 430.35 | 491.70 | 6.15 | | Between Lopez, Shaw, Orcas and Friday Harbor3 | 44.20 | 87.40 | 116.20 | 145.00 | 173.80 | 202.60 | 231.40 | N/A | | International Travel Anacortes to Sidney to all destinations | 116.90 | 116.90 | 155.50 | 194.15 | 232.80 | 271.40 | 310.05 | 3.85 | | Lopez, Shaw, Orcas and Friday Harbor to Sidney | 72.75 | 72.75 | 96.70 | 120.60 | 144.55 | 168.45 | 192.35 | 2.40 | | Lopez, Shaw, Orcas and Friday Harbor to Sidney (round trip)4 | 144.50 | 144.50 | 192.40 | 240.20 | 288.10 | 335.90 | 383.70 | 4.80 |

| | All fares rounded to the nearest multiple of $0.05. | | --- | --- | | * | These routes operate as a one-point toll collection system with round trip tolls. | | | N/A: not applicable. |

1OVERSIZE VEHICLES - Includes all vehicles 22 feet in length and longer regardless of type: Commercial trucks, recreational vehicles, vehicles under 22' pulling trailers, etc. Length shall include vehicle and load to its furthest extension. Overheight charge is included in oversize vehicle toll. Vehicles wider than 8'6" pay double the fare applicable to their length. Private and commercial passenger buses or other passenger vehicles pay the applicable oversize vehicle tolls. Public transit buses and drivers shall travel free upon display of an annual permit which may be purchased for $10.00. Upon presentation by either the driver or passenger of a WSF Disability Travel Permit, Regional Reduced Fare Permit, or other identification which establishes disability, vehicles 22-30 feet in length and 7'2" or over in height shall be charged the 22-30 foot length and under 7'2" in height fare for vehicles equipped with wheelchair lift or other feature designed to accommodate the person with the disability.

2TRANSFERS - Tolls collected westbound only. Oversize vehicles traveling westbound from Anacortes may receive a single intermediate transfer when first purchasing the fare for the furthest intended point of travel for the trip. The transfer is valid until the end of the service day on the day purchased.

3INTER-ISLAND - Tolls collected westbound only. Vehicles traveling between islands may request a single transfer ticket good for one transfer at an intermediate island. The transfer may only be obtained when purchasing the appropriate vehicle fare for inter-island travel (westbound at Lopez, Shaw, or Orcas) and is free of charge. Transfers shall be valid until the end of the service day on the day of purchase.

4ROUND TRIP - Round trip passage for international travel available for trips beginning or ending on one of the islands served.

5CAPITAL SURCHARGE - There is included an additional $1.00 capital surcharge on each single vehicle/driver fare collected.

BULK NEWSPAPERS - Per 100 lbs. $2.85 (Shipments exceeding 60,000 lbs. in any month shall be assessed $1.42 per 100 lbs.). Daily newspapers, in bundles, to be received and delivered without receipt and subject to owner's risk, will be transported between ferry terminals on regular scheduled sailings.

VEHICLE RESERVATION DEPOSIT - Nonrefundable deposits for advanced reservations may be established at a level of from 25 to 100 percent of the applicable oversize vehicle one way fare. This is a deposit toward the fare and not an additional fee and applies only to those routes where the legislature has approved the use of a reservation system. Where it is operationally necessary (routes where vehicle fares are collected in only one direction or to increase operational efficiency at the terminal) a reservation no-show fee may be used in lieu of a deposit. The no-show fee will be limited to 25 to 100 percent of the applicable one way oversize vehicle fare and will be charged if the customer does not travel within the same service day as their reserved sailing, provided there are no service disruptions.

PEAK SEASON SURCHARGE - A peak season surcharge shall apply to all oversize vehicles from May 1 through September 30. The oversize fare shall be determined based on the peak-season car-and-driver fare and the analogous oversize vehicle fare, calculated with the same factor as the oversize base seasons fares are to the base season under 20 foot fare. The senior citizen discount shall apply to the driver of an oversize vehicle. The resulting fare is rounded to the nearest $0.05 if required.

SENIOR CITIZEN DISCOUNTS - Discounts of 50% for the driver of the above vehicles shall apply. Senior citizen discount is determined by subtracting full-fare passenger rate and adding half-fare passenger rate, which will be rounded down to the nearest multiple of $0.05. The senior citizen discount shall apply to the driver of an oversize vehicle.

PENALTY CHARGES - Owner of vehicle without driver will be assessed a $100.00 penalty charge.

COMMERCIAL ACCOUNTS - Commercial customers making 12 or more, one-way crossings per week (Sunday through Saturday) will qualify for a 10% discount from the regular ferry tolls. WSF will provide a commercial account program that will be prepaid and offer access to volume discounts based on travel, revenue or other criteria in accordance with WSF business rules. On an annual basis, commercial accounts will pay a $50 nonrefundable account maintenance fee.

GROUP OR VOLUME SALES - In order to increase total revenues, WSF may develop full fare or discounted customer packages or bundle single fare types into multiple trip books or offer passes for high volume or group users. In pricing these packages, WSF will have discretion to set appropriate volume discounts based on a case-by-case basis.

EMERGENCY TRIPS DURING NONSERVICE HOURS - While at locations where crew is on duty charge shall be equal to the cost of fuel consumed to make emergency trip. Such trips shall only be offered as a result of official requests from an emergency services agency and only in the case of no reasonable alternative.

DISCLAIMER - Under no circumstances does Washington state ferries warrant the availability of ferry service at a given date or time; nor does it warrant the availability of space on board a vessel on a given sailing.

EFFECTIVE 03:00 A.M. May 1, 2026

| Oversize Vehicle Ferry Tolls1 Overall Unit Length - Including Driver | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | ROUTES | 22' To Under 30' Under 7'2" High5 | 22' To Under 30' 7'2" High or Over5 | 30' To Under 40'5 | 40' To Under 50'5 | 50' To Under 60'5 | 60' To under 70'5 | 70' To and include 80'5 | Cost Per Ft. Over 80' | | Fauntleroy-Southworth Port Townsend/Coupeville | 23.25 | 45.45 | 60.30 | 75.10 | 89.95 | 104.75 | 119.60 | 1.50 | | Seattle-Bainbridge Island Seattle/Bremerton Edmonds-Kingston | 29.90 | 58.75 | 78.00 | 97.25 | 116.50 | 135.75 | 155.00 | 1.95 | | *Fauntleroy-Vashon *Southworth-Vashon *Pt. Defiance-Tahlequah | 37.95 | 74.90 | 99.55 | 124.20 | 148.85 | 173.50 | 198.10 | 2.45 | | Mukilteo-Clinton | 18.05 | 35.05 | 46.45 | 57.80 | 69.15 | 80.50 | 91.85 | 1.15 | | *Anacortes to Lopez2 | 67.40 | 133.80 | 178.10 | 222.40 | 266.65 | 310.95 | 355.20 | 4.40 | | *Anacortes to Shaw, Orcas2 | 80.70 | 160.40 | 213.50 | 266.65 | 319.80 | 372.90 | 426.05 | 5.30 | | *Anacortes to Friday Harbor | 95.70 | 190.40 | 253.55 | 316.70 | 379.85 | 443.00 | 506.10 | 6.30 | | Between Lopez, Shaw, Orcas and Friday Harbor3 | 45.50 | 89.95 | 119.60 | 149.20 | 178.85 | 208.50 | 238.15 | N/A | | International Travel Anacortes to Sidney to all destinations | 120.40 | 120.40 | 160.20 | 200.00 | 239.75 | 279.55 | 319.35 | 4.00 | | Lopez, Shaw, Orcas and Friday Harbor to Sidney | 74.90 | 74.90 | 99.60 | 124.20 | 148.85 | 173.50 | 198.15 | 2.45 | | Lopez, Shaw, Orcas and Friday Harbor to Sidney (round trip)4 | 148.80 | 148.80 | 198.20 | 247.40 | 296.70 | 346.00 | 395.30 | 4.90 |

| | All fares rounded to the nearest multiple of $0.05. | | --- | --- | | * | These routes operate as a one-point toll collection system with round trip tolls. | | | N/A: not applicable. |

4ROUND TRIP - Round trip passage for international travel available for trips beginning or ending on one of the islands served.

5CAPITAL SURCHARGE - There is included an additional $1.00 capital surcharge on each single vehicle/driver fare collected.

PENALTY CHARGES - Owner of vehicle without driver will be assessed a $100.00 penalty charge.

History

Statutory Authority: RCW 47.56.030 and 47.60.315. WSR 25-17-028, s 468-300-040, filed 8/12/25, effective 10/1/25
WSR 23-17-106, § 468-300-040, filed 8/17/23, effective 9/17/23
WSR 21-18-069, § 468-300-040, filed 8/26/21, effective 9/26/21. Statutory Authority: RCW 47.56.030, 47.60.315, and 2019 c 431. WSR 19-18-004, § 468-300-040, filed 8/22/19, effective 9/22/19. Statutory Authority: RCW 47.56.030 and 47.60.315. WSR 17-18-018, § 468-300-040, filed 8/25/17, effective 9/25/17
WSR 15-18-002, § 468-300-040, filed 8/19/15, effective 10/1/15
WSR 13-18-019, § 468-300-040, filed 8/26/13, effective 9/26/13. Statutory Authority: RCW 47.56.030, 47.60.315, and 2010 c 247 § 205(1). WSR 12-10-032, § 468-300-040, filed 4/25/12, effective 6/1/12. Statutory Authority: RCW 47.56.030 and 47.60.315. WSR 11-18-034, § 468-300-040, filed 8/30/11, effective 10/1/11 and 5/1/12. Statutory Authority: RCW 47.56.030, 47.60.326. WSR 10-24-028, § 468-300-040, filed 11/19/10, effective 1/1/11
WSR 09-19-044, § 468-300-040, filed 9/10/09, effective 10/11/09
WSR 08-08-070, § 468-300-040, filed 3/31/08, effective 5/1/08
WSR 07-08-064, § 468-300-040, filed 3/29/07, effective 5/1/07
WSR 06-08-036, § 468-300-040, filed 3/29/06, effective 5/1/06
WSR 05-10-041, § 468-300-040, filed 4/28/05, effective 6/1/05
WSR 03-08-072, § 468-300-040, filed 4/1/03, effective 5/2/03
WSR 02-09-010, § 468-300-040, filed 4/5/02, effective 5/6/02
WSR 01-11-010, § 468-300-040, filed 5/3/01, effective 6/3/01
WSR 00-24-050, § 468-300-040, filed 11/30/00, effective 12/31/00
WSR 99-08-066, § 468-300-040, filed 4/5/99, effective 5/6/99
WSR 98-08-051, § 468-300-040, filed 3/27/98, effective 4/27/98
WSR 96-19-045 (Order 82), § 468-300-040, filed 9/12/96, effective 10/13/96
WSR 94-18-014 (Order 77), § 468-300-040, filed 8/25/94, effective 9/25/94
WSR 94-07-104 (Order 75), § 468-300-040, filed 3/18/94, effective 4/18/94
WSR 93-18-005, § 468-300-040, filed 8/19/93, effective 9/19/93
WSR 92-18-005, § 468-300-040, filed 8/20/92, effective 9/20/92
WSR 91-18-022 (Order 72), § 468-300-040, filed 8/27/91, effective 9/27/91
WSR 89-14-052 (Order 67, Resolution No. 354), § 468-300-040, filed 6/30/89
WSR 89-04-014 (Order 66, Resolution No. 343), § 468-300-040, filed 1/23/89, effective 7/1/89
WSR 87-12-005 (Order 61, Resolution No. 298), § 468-300-040, filed 5/21/87. Statutory Authority: RCW 47.60.290, 47.60.300 and 47.60.326. WSR 86-24-009 (Order 59, Resolution No. 287), § 468-300-040, filed 11/21/86. Statutory Authority: RCW 47.60.326. WSR 86-06-010 (Order 54, Resolution No. 263), § 468-300-040, filed 2/21/86
WSR 85-11-007 (Order 44, Resolution No. 241), § 468-300-040, filed 5/3/85
WSR 84-11-052 (Order 42, Resolution Nos. 221 and 222), § 468-300-040, filed 5/17/84
WSR 83-07-062 (Order 33, Resolution No. 175), § 468-300-040, filed 3/22/83
WSR 82-18-009 (Order 29, Resolution No. 153), § 468-300-040, filed 8/20/82
WSR 82-07-063 (Order 28, Resolution No. 143), § 468-300-040, filed 3/22/82. Statutory Authority: RCW 47.60.325 and 47.56.030. WSR 81-15-099 (Order 23, Resolution No. 117), § 468-300-040, filed 7/22/81. Statutory Authority: RCW 47.60.325. WSR 81-08-044 (Order 17, Resolution No. 104), § 468-300-040, filed 3/31/81
WSR 80-04-104 (Order 15, Resolution No. 72), § 468-300-040, filed 4/1/80
WSR 79-09-136 (Order 11, Resolution No. 57), § 468-300-040, filed 9/5/79
WSR 79-04-047 (Order 6, Resolution No. 44), § 468-300-040, filed 3/27/79
WSR 78-06-040 (Order 2, Resolution No. 21), § 468-300-040, filed 5/19/78.

Wash. Admin. Code § 468-300-080 Fuel surcharge.

(1) In order to manage the financial risk associated with fuel price volatility, it is hereby declared to be the policy of the Washington state transportation commission (WSTC) that the WSTC may implement a fuel surcharge as an added component to the regular posted fares for passage on vessels operated by Washington state ferries (WSF) to mitigate the financial impacts associated with unexpected increases in fuel prices which exceed those incorporated in WSF's fuel budget. Upon WSTC approval, the total ferry fare charged will consist of the base fare plus an incremental, additional surcharge as calculated according to the formula set forth in this rule.

(2) WSF shall estimate the need for a fuel surcharge on a quarterly basis, based upon the standards prescribed in this rule. For the purposes of this rule, quarters shall be consistent with the state fiscal year definition of quarters.

(3) A fuel surcharge may be implemented where the amount appropriated by the legislature for ferry fuel is less than the reasonable fuel costs projected by WSF for that period. Any fuel surcharge implemented under this section must be approved by a vote of the Washington state transportation commission. Any fuel surcharge implemented under this section may not exceed the amount that would be sufficient to cover the difference between WSF's projected fuel costs and the amount appropriated by the legislature for ferry fuel.

(4) If a fuel surcharge is implemented under this section, the WSTC shall re-evaluate the need for the surcharge on at least a quarterly basis, and if the WSTC determines the surcharge is no longer needed to cover fuel costs not paid for by legislative appropriation, the WSTC shall revoke the surcharge.

(5) If the WSTC approves such a surcharge to be added or modified, then, the department shall:

(a) Notify ORCA partners and customers of the pending surcharge changes at least 30 days prior to implementation of said changes.

(b) Make all surcharge changes effective on the first of the month.

(6) The amount of any fuel surcharge shall be shown separately on customer receipts.

(7) WSF shall provide an annual report to the legislature, OFM, and the Washington state transportation commission summarizing its fuel cost mitigation activities, including how the department has managed its costs as well as the application, performance and impact of fuel surcharges pursuant to this authority.

(8) To facilitate understanding on the part of WSF customers and to ensure a transparent process, an explanation of how the surcharge is applied, including a summary of the actual calculation of the surcharge percentage, shall be described on the WSF website.

(9) This rule goes into effect on October 1, 2011.

History

Statutory Authority: RCW 47.56.030 and 47.60.315. WSR 23-17-106, § 468-300-080, filed 8/17/23, effective 9/17/23
WSR 13-18-019, § 468-300-080, filed 8/26/13, effective 9/26/13
WSR 11-18-034, § 468-300-080, filed 8/30/11, effective 10/1/11 and 5/1/12.

Wash. Admin. Code § 468-300-100 Leases of facilities and facility space.

(1) It is hereby declared to be the policy of the department to lease toll and ferry facilities and toll and ferry facility space in excess of current needs where feasible and where such lease will not interfere with the normal functioning or the primary operation of the toll or ferry facility. Such leasing should promote maximum use of the toll or ferry facility and constitute a benefit to the taxpayers of the state.

(2) The department is hereby authorized to lease toll or ferry facility property, and food, drink, amusement machine, and similar concessions for periods of up to five years, (except for the Seattle ferry terminal facilities which may be leased for periods of up to ten years) upon public advertisement for bids as follows:

(a) A call for bids shall be published once a week for at least two consecutive weeks preceding the day set for receiving and opening of bids, in not less than two newspapers, both of general circulation in the state.

In the event that the estimated fair market rental value per year of any lease is less than $5,000, then the call for bids need be published only in one paper of general circulation in the county where the lease is located. The final publication shall be at least two days prior to the day set for receiving and opening of bids. The call for bids shall state the time, place and date for receiving and opening bids, give a brief description of the facilities or space to be rented, and contain such special provisions or limitations and specifications as may be necessary to comply with applicable statutes and the policy described above.

(b) Award shall be made to the responsive responsible bidder whose proposal is most advantageous to the state. Factors to be considered in making the award shall include, but not be limited to: (i) The monetary return to the state; (ii) the safety and comfort of the traveling public; (iii) the stability and reliability of the proposed operation; and (iv) the acceptability of the proposed operation with ferry system operational requirements.

History

Statutory Authority: RCW 47.60.326. WSR 85-11-007 (Order 44, Resolution No. 241), § 468-300-100, filed 5/3/85. Statutory Authority: RCW 47.60.140. WSR 80-09-056 (Order 57), § 468-300-100, filed 7/15/80. Formerly WAC 466-06-010.

Wash. Admin. Code § 468-300-220 Calculation of charter rates for vessels owned by the Washington state ferry system.

Pursuant to chapter 323, Laws of 1997, vessels owned by the Washington state ferry system may be made available for charter subject to operational availability. Execution of a charter agreement as set forth in the statute must precede a commitment to charter. The actual hourly vessel operating costs for establishing the rates to be charged for vessel charters are calculated by the Washington state ferry system and published on its public website, with updates on an annual or other periodic basis.

The rate for an individual charter will be calculated by:

(1) Multiplying the actual hourly operating cost for the vessel that is chartered by the number of hours, or fraction thereof, for which the vessel is chartered;

(2) Adding labor costs, mileage and per diem expenses to determine the total actual cost if the particular charter requires a crew callout; and

(3) Increasing the total actual cost calculated pursuant to subsections (1) and (2) of this section by an appropriate profit margin based on market conditions, and rounding to the nearest fifty dollars.

In the case of charters for the transport of hazardous materials, the transporter is required to pay for all legs necessary to complete the charter, even if the vessel is simultaneously engaged in an operational voyage on behalf of the Washington state ferry system.

History

Statutory Authority: RCW 47.56.030 and 47.60.315. WSR 17-18-018, § 468-300-220, filed 8/25/17, effective 9/25/17
WSR 15-18-002, § 468-300-220, filed 8/19/15, effective 10/1/15
WSR 13-18-019, § 468-300-220, filed 8/26/13, effective 9/26/13
WSR 11-18-034, § 468-300-220, filed 8/30/11, effective 10/1/11 and 5/1/12. Statutory Authority: RCW 47.56.030, 47.60.326. WSR 10-24-028, § 468-300-220, filed 11/19/10, effective 1/1/11
WSR 09-19-044, § 468-300-220, filed 9/10/09, effective 10/11/09
WSR 07-08-064, § 468-300-220, filed 3/29/07, effective 5/1/07
WSR 06-08-036, § 468-300-220, filed 3/29/06, effective 5/1/06
WSR 05-10-041, § 468-300-220, filed 4/28/05, effective 6/1/05
WSR 03-08-072, § 468-300-220, filed 4/1/03, effective 5/2/03
WSR 02-09-010, § 468-300-220, filed 4/5/02, effective 5/6/02
WSR 01-11-010, § 468-300-220, filed 5/3/01, effective 6/3/01
WSR 99-08-066, § 468-300-220, filed 4/5/99, effective 5/6/99
WSR 98-08-051, § 468-300-220, filed 3/27/98, effective 4/27/98. Statutory Authority: RCW 47.01.061, 47.56.032 and 1997 c 323. WSR 97-15-110 (Order 83), § 468-300-220, filed 7/22/97, effective 8/22/97.

Wash. Admin. Code § 468-300-600 Policy governing distribution of materials on ferry vessels and at ferry terminals.

No person shall display, distribute or place, for any commercial purpose, any promotion or trade stimulation materials of any kind, including but not limited to any brochure, map, flyer, sign or insignia, aboard any ferry vessel, within any ferry terminal, upon any publicly owned areas adjacent to the ferry terminals, or on or within any other toll facility of the department of transportation, except as may otherwise be authorized by the department.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-300-600, filed 12/20/78. Formerly WAC 252-85-010.

Wash. Admin. Code § 468-300-610 No smoking areas.

Each passenger carrying state operated ferry shall have specific areas designated by "no smoking" signs where smoking is prohibited. Smoking is prohibited in those areas of all such ferries where "no smoking" signs are posted.

History

Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-300-610, filed 12/20/78. Formerly WAC 252-85-050.

Wash. Admin. Code § 468-300-700 Preferential loading.

In order to protect public health, safety and commerce; to encourage more efficient use of the ferry system; and to reduce dependency on single occupant private automobiles:

(1) Preferential loading privileges on vessels operated by Washington state ferries (WSF), exempting vehicles from the standard first-come first-served rule, shall be granted in the order set forth below:

(a) An emergency medical vehicle, medical unit, aid unit, or ambulance dispatched to and returning from an emergency or nonemergency call while in service. Up to one additional vehicle may accompany a qualifying emergency medical vehicle or authorized med-evac when going to, but not when returning from, an emergency.

(b) A public police or fire vehicle only when responding to an emergency call, but not when returning from either an emergency or a nonemergency call. However, these vehicles will receive priority loading when they are returning from either an emergency or nonemergency call to Vashon Island or the San Juan Islands.

(c) A public utility or public utility support vehicle only when responding to an emergency call, but not when returning from either an emergency or a nonemergency call.

(d) Preferential loading may be granted for vehicles carrying passengers needing to accompany a family member who is being transported by an emergency vehicle, which requires the customer's timely access to the vessel's destination.

(e) Specific to routes without reservations where a vehicle occupant states that an extended wait would cause detrimental health risks to a vehicle occupant, that vehicle will be allowed preferential loading whenever the afflicted occupant has provided a medical form certified by a physician that such preferential loading is required.

However, when that vehicle occupant has not submitted the proper medical form, preferential loading will be permissible based upon appropriate terminal staff determination.

(f) Specific to routes with reservations, where a vehicle occupant provides a medical form certified by a physician that the occupant is returning from a medical appointment or has been discharged from the hospital and that an extended wait would cause detrimental health risks, that vehicle will be allowed preferential loading.

(g) Specific to routes with reservations (defined in subsections (4) through (10) of this section), a vehicle with a reservation, presenting proof of that reservation.

(h) Specific to routes with reservations where reservations are available to all vehicles from a terminal, vehicles identified in subsection (4)(a)(i) through (v) of this section receive preferential loading only if they have a reservation.

(i) A visibly marked school vehicle owned, operated, or sponsored by a school** when operating on regular schedules preapproved by the WSF or when advance notice is provided to each affected WSF terminal (**as defined in RCW 28A.150.010 (K-12), RCW 28A.150.020 (public schools), RCW 28A.195.010 (K-12 private schools), and RCW 28B.195.070 (secondary schools)).

(j) A visibly marked, preapproved or regularly scheduled publicly or privately owned public transportation vehicle** operating under a Washington state utilities and transportation commission certificate for public convenience and necessity (**as defined in RCW 81.68.010 (regular route/fixed termini), RCW 81.70.010 (charter and excursion)).

(k) A visibly marked nonprofit or publicly supported transportation vehicle** having provided each affected WSF terminal with advance notice and presenting a WSF permit making it readily identifiable as a public transportation vehicle (**as defined in chapter 81.66 RCW (private, nonprofit special needs)).

(l) A visibly marked and randomly scheduled private for profit transportation vehicle** operating under a Washington state utilities and transportation commission certificate for public convenience and necessity traveling on routes where WSF is the only major access for land-based traffic only when that private for profit transportation vehicle has provided each affected WSF terminal with a preapproved schedule and/or advance notice of its proposed sailing(s), (**as defined in chapter 81.68 RCW (regular route/fixed termini), chapter 81.70 RCW (charter and excursion), chapter 81.66 RCW (private nonprofit special needs), chapter 46.72 RCW (private, for hire)).

(m) A ride-sharing vehicle for persons with special transportation needs** transporting a minimum of three elderly and/or disabled riders or two elderly and/or disabled riders and an attendant presenting WSF ride-share registration program permit only when the operator of that vehicle has provided each affected WSF terminal with advance notice of its proposed sailing(s) (**as defined in RCW 46.74.010 (ride sharing for persons with special transportation needs)).

(n) A visibly marked, public ride-share vehicle** owned by a transit agency and leased out to members of the public through the transit agency's registration program only when the operator of that vehicle has provided each affected WSF terminal with advance notice of its proposed sailing(s) (**as defined in RCW 46.74.010 (commuter ride sharing)).

(o) A privately owned commuter ride-share vehicle** that visibly presents WSF approved identification markings readily identifiable by the public. There must be a minimum of three occupants in any such vehicle to receive preferential loading. Any such ride-share vehicle must be registered and in good standing in the WSF ride-share registration program (**as defined by RCW 46.74.010 (commuter ride sharing)).

(p) Specific to the Anacortes-San Juan Islands routes, a vehicle carrying livestock and traveling on routes where Washington state ferries is the only major access for land-based traffic, where such livestock (i) is raised for commercial purposes and is recognized by the department of agriculture, county agriculture soil and conservation service, as raised on a farm; or (ii) is traveling to participate in a 4H event sanctioned by a county extension agent.

(q) Specific to the Anacortes-San Juan Islands routes and until reservations are available for general purpose traffic to and from the San Juan Islands, home health care workers engaged in travel to and from patient visits.

(r) Specific to the Seattle-Bainbridge and Edmonds-Kingston ferry routes, where a vehicle occupant claims that an extended wait would cause detrimental health risks to their livestock en route to veterinarian services not available in the local community, that vehicle will be allowed preferential loading whenever the vehicle occupant has provided a medical form certified by a veterinarian that such preferential loading is required.

(s) Specific to the Fauntleroy-Vashon, Seattle-Bainbridge, Mukilteo-Clinton, and Anacortes-San Juan ferry routes, any mail delivery vehicle with proper documentation from the U.S. Postal Service showing that such vehicle is in the actual process of delivering mail.

(t) Vehicles 22 feet and over in length engaged in the conduct of commerce and/or transportation of passengers where and when WSF management has determined that the sale of vehicle space may promote higher utilization of available route capacity and an increase in revenues.

(u) An oversized or overweight vehicle (22 feet and over in length, and/or over 8 1/2 feet in width, and 80,000 lbs. or greater in weight) requiring transport at special times due to tidal conditions, vessel assignments, or availability of space.

(v) A scheduled bicycle group as determined by WSF only when a representative of that group has provided WSF with advance notice of the proposed travel schedule.

(2) Preferential loading privileges shall be subject to the following conditions:

(a) Privileges shall be granted only where physical facilities are deemed by WSF management to be adequate to allow granting the privilege and achieving an efficient operation.

(b) Subject to specified exceptions, documentation outlining qualifications for preferential loading and details of travel will be required in advance from all agencies, companies, or individuals requesting such privileges.

(d) Privileges may require a minimum frequency of travel, as determined by WSF management.

(e) Privileges may be limited to a specific number of vehicle deck spaces and passenger capacity for any one sailing.

(f) Privileges may require arriving at the ferry terminal at a specified time prior to the scheduled sailing.

(3) To obtain more information about the documentation required and conditions imposed under subsection (2) of this section, call WSF's general information number, 206-464-6400, or a terminal on a route for which the preferential boarding right is requested.

THE REMAINING SUBSECTIONS PROVIDE ADDITIONAL DETAILS ON VEHICLE RESERVATIONS, REFERENCED UNDER SUBSECTION (1) OF THIS SECTION.

(4) Vehicle reservation system intent.

(a) The intent of the vehicle reservation system is:

(i) To reduce queuing and congestion outside of ferry terminals;

(ii) To maximize the use of existing assets;

(iii) To provide enhanced customer service and travel predictability, spontaneity, and flexibility;

(iv) To manage demand by shifting discretionary trips from peak to off-peak sailings;

(v) To recognize the uniqueness of each different route;

(vi) To allow WSF flexibility to manage the system to best balance the needs of customers, communities, and WSF.

(b) Ferry customers are not required to make a reservation in order to travel on a Washington state ferry.

(5) Definitions.

(a) "Business account program" is a reservations program for customers who have an active business account with WSF.

(b) "Business account program member" is an individual or business who has an active business account with WSF.

(d) "General customer" is an individual or business that has purchased or is planning to purchase a reservation on a Washington state ferry and does not participate in WSF's business, carpool, or vanpool reservations account programs.

(e) "General reservation" is a vehicle reservation made by a general customer.

(f) "Operational day" begins at 3:00 a.m. and ends at 2:59 a.m.

(g) "Reservation holder" is a ferry customer who has acquired a vehicle reservation.

(h) "Reserved space" is space within the vehicle deck space available for vehicle reservations that has been secured by a customer by making a business, or general reservation on that sailing.

(i) "Service interruption" is an event that causes WSF to not be able to run according to the published schedule.

(j) "Terms of use" refers to the agreement customers must read and agree to before their transaction to make a reservation is complete.

(k) "Unreservable space" is all space on a vessel that has not been reserved, or is not available to be reserved.

(l) "Vehicle deck space available for vehicle reservations" is the amount of vehicle deck space on a given vessel that WSF will allow to be reserved. All other space on the vessel is unreservable space.

(6) Modification of these regulations. WSF management reserves the right to add, delete, or modify portions of these regulations including the schedule of reservations charges and the terms of use in accordance with its regulations and applicable laws.

(7) Properties of a vehicle reservation.

(a) A vehicle reservation gives a ferry customer the right to travel at a specific date and time on a specific route with a vehicle of a specific size, as declared at the time of booking, subject to the priority loading conditions set forth in subsections (1) and (2) of this section. This right may be withdrawn at WSF's discretion due to service interruptions; or customer behavior that is inappropriate or dangerous.

(b) A vehicle reservation is not a ticket. Customers with reservations must purchase a ticket at the tollbooth of their departure terminal or online in order to travel on their reserved sailing.

(8) Vehicle reservation deposits and no-show fees.

(a) Vehicle reservation deposits may be collected or no-show fee may be assessed at levels set by WSF management according to the rules set in WAC 468-300-020 (vehicle under 22 feet, motorcycle, and stowage ferry tolls), and WAC 468-300-040 (oversize vehicle ferry tolls).

(b) Reservation deposits paid in advance will be applied toward the actual ticket cost for the reserved sailing at the departure terminal tollbooth. However, if a customer who has paid a reservation deposit is denied the ability to purchase a ticket for that reserved sailing due to priority loading conditions identified in subsections (1) and (2) of this section, then the customer may either seek a refund of the deposit, apply the deposit towards a ticket on the next scheduled sailing on the same route, or apply the deposit in accordance with (c) of this subsection. These are the sole and exclusive remedies available to a customer in these situations.

(c) Reservation deposits paid in advance may be applied toward the actual ticket cost of other, nonreserved sailings on the same route, as defined in the terms of use.

(9) Vessel space available for reservations.

(a) WSF has the authority to set the amount of tall and standard height vehicle deck space available for vehicle reservations on each sailing in order to achieve the intentions of the vehicle reservation system.

(b) For any given sailing, WSF may vary the amount of tall and standard height vehicle deck space available for vehicle reservations, depending on factors including, but not limited to:

(i) Time of day;

(ii) Day of week;

(iii) Season of year;

(iv) Direction of travel;

(v) Route;

(vi) Vessel size;

(vii) Level of demand; or

(viii) Level of congestion.

(c) For any given sailing, WSF may vary the distribution of tall and standard height vehicle deck space dedicated for business, carpool or vanpool reservations; and dedicated to general reservations, depending on factors including, but not limited to:

(i) Time of day;

(ii) Day of week;

(iii) Season of year;

(iv) Direction of travel;

(v) Route;

(vi) Vessel size;

(vii) Level of demand; or

(viii) Level of congestion.

(d) WSF may change the distribution of unreservable space up until sailing departure.

(e) WSF may release vehicle deck space available for vehicle reservations up to one year in advance of a sailing. WSF may choose to phase the release of space on a particular sailing over time, as WSF management deems necessary to achieve the intent of the vehicle reservation system listed.

(f) Space may be made available for vehicle reservations for only certain reservation types (business account, carpool, vanpool, or general reservations).

(g) Space may be made available for a tentative sailing schedule if the final sailing schedule is not available.

(i) If departure times on the final sailing schedule are different than those on the tentative schedule, WSF will notify all affected reservation holders.

(ii) If the reserved sailing is canceled, WSF will notify the customer and refund any deposit paid. If no deposit was paid, the customer will not be charged a no-show fee.

(iii) All sailing schedules will be finalized at least six weeks before the schedule would take effect, and customers with affected reservations will be notified as soon as the schedule is final.

(h) Space allocations for specific reservation types (business account, carpool, vanpool, or general reservations) may be changed by WSF at any point in time up until sailing departure.

(10) Reservation system during service interruptions.

(a) During a ferry service interruption, WSF management may temporarily adjust business and operational rules to address the issue until normal service is restored. This may include, but is not limited to:

(i) Canceling existing reservations;

(ii) Not allowing new reservations; or

(iii) Changing existing reservations to other sailings.

(b) Upon canceling or moving a reservation, WSF will notify the affected customers via email or phone.

(d) If a customer's reserved sailing has been canceled or significantly delayed and the customer can no longer travel that operational day, any deposit paid will be refunded, which shall be the sole and exclusive remedy available to the customer in such situations.

(e) During service interruptions, WSF may turn customers without reservations away from the terminal.

(f) During service interruptions, WSF may not be able to guarantee travel for reservation holders.

History

Statutory Authority: RCW 47.56.030 and 47.60.140. WSR 14-22-072, § 468-300-700, filed 11/3/14, effective 12/4/14. Statutory Authority: RCW 47.56.030, 47.60.315, and 2010 c 247 § 205(1). WSR 12-10-034, § 468-300-700, filed 4/25/12, effective 5/26/12. Statutory Authority: RCW 47.56.030, 47.60.140. WSR 08-09-092, § 468-300-700, filed 4/18/08, effective 5/19/08. Statutory Authority: RCW 47.56.030, 47.60.326. WSR 03-08-072, § 468-300-700, filed 4/1/03, effective 5/2/03. Statutory Authority: RCW 47.56.030, 47.60.140 and 47.60.326. WSR 99-07-059, § 468-300-700, filed 3/17/99, effective 4/17/99. Statutory Authority: RCW 47.56.030 and 47.60.326. WSR 96-05-048 (Order 81), § 468-300-700, filed 2/16/96, effective 3/18/96
WSR 93-18-006, § 468-300-700, filed 8/19/93, effective 9/19/93
WSR 87-12-005 (Order 61, Resolution No. 298), § 468-300-700, filed 5/21/87. Statutory Authority: RCW 47.60.326. WSR 86-16-011 (Order 55, Resolution No. 273), § 468-300-700, filed 7/25/86. Statutory Authority: RCW 47.60.140. WSR 80-09-056 (Order 57), § 468-300-700, filed 7/15/80.

Wash. Admin. Code § 468-300-800 Authority to issue no trespass warnings/definitions.

The definitions used in chapters 47.56 and 47.60 RCW and chapter 468-300 WAC, shall apply to this section, as well as those additional definitions set forth herein.

(1) "WSF property" shall mean any property real or otherwise, owned or leased by the WSF and includes, but is not limited to, any property which comprises a WSF terminal including access thereto, to any WSF vessel, or other WSF operated facility.

(2) "Authorized officer" shall mean a member of the Washington state patrol (WSP), a law enforcement officer or agency of local jurisdiction, a ferry vessel captain, a port captain, or other designated WSF director or employee.

(3) "Good cause" means facts and circumstances which leads an authorized officer to believe that a person:

(a) Has violated, or through his or her actions or behavior, intends to violate any state, local, or federal regulation, law, or ordinance including, but not limited to, the city of Seattle pedestrian interference law and any law as set forth under Title 9A RCW;

(b) Has disrupted, or through his or her actions or behavior, intends to disrupt WSF operations;

(c) Has harassed, or through his or her actions or behavior, intends to harass or otherwise interfere with a WSF employee or passenger;

(d) Has injured himself, herself or others, or through his or her actions or behavior, intends to injure himself, herself or others, or otherwise takes actions which place persons or WSF property in peril;

(e) Has damaged, defaced, or destroyed WSF property, or through his or her actions or behavior, intends to damage, deface, or destroy WSF property.

History

Statutory Authority: RCW 47.56.030 and 47.60.010. WSR 13-16-010, § 468-300-800, filed 7/25/13, effective 8/25/13.

Wash. Admin. Code § 468-300-806 No trespass warnings.

(1) This chapter shall be enforced so as to emphasize voluntary compliance with all applicable laws, rules, regulations, statutes, and policies, and so that inadvertent and/or minor violations of all applicable laws, rules, regulations, statutes, and policies can be corrected without resort to the issuance of a no trespass warning notice. Therefore, prior to issuing a no trespass warning notice to an individual, an authorized officer may choose, in his or her discretion, to first issue a verbal warning and/or a "warning letter" to an individual who exhibits "unacceptable behavior" which does not rise to the level of criminal conduct and/or does not constitute a safety risk.

(2) An authorized officer may issue a no trespass warning notice, which shall be valid and enforceable for a period of sixty days from the date of its issuance, to any individual when he or she has good cause to issue such a no trespass warning notice, which shall conform to the requirements of subsection (4) of this section. Violation of any term of a no trespass warning notice shall constitute the crime of criminal trespass under chapter 9A.52 RCW.

(3) Should an individual:

(a) Violate the terms of the no trespass warning notice; or

(b) Receive two no trespass warning notices within a one-year period, then the individual shall be issued a third no trespass warning notice by an authorized officer, which shall be valid and enforceable for a period of one year from the date of the issuance of the third no trespass warning notice.

(4) A no trespass warning notice shall:

(a) Be in writing and signed by the individual authorized officer issuing it;

(b) Contain the date of issuance, the violation that the person is alleged to have committed, and a citation to the code, statute, or rule violated;

(c) Specify the places where the individual will be expelled from and the length during the period in which the no trespass warning notice is valid and enforceable;

(d) Set out the method for appealing the notice, which shall also include the address where the appeal should be sent;

(e) Prominently display a warning of the consequences for failure to comply with the notice and state that a violation of the terms of the notice will constitute criminal trespass under chapter 9A.52 RCW.

(5) The person being expelled need not be charged, tried, or convicted of any crime or be issued an infraction or have an infraction found committed in order for a no trespass warning notice to be issued or effective. The authorized officer need only establish that good cause existed to support the issuance of the no trespass warning notice.

History

Statutory Authority: RCW 47.56.030 and 47.60.010. WSR 13-16-010, § 468-300-806, filed 7/25/13, effective 8/25/13.

Wash. Admin. Code § 468-300-811 Administrative appeal.

(1) A person receiving a no trespass warning notice may file an appeal to have the notice rescinded.

(2) The appeal must be in writing, provide the appellant's current address, and shall be accompanied by a copy of the no trespass warning notice that is being appealed.

(3) The written notice of appeal must be sent to the WSF company security officer at the WSF mailing address specified on the following WSF website: www.wsdot.wa.gov/ferries/infodesk/contact.htm. You may also contact WSF at 206-515-3400 for information concerning the WSF mailing address. The written notice must be postmarked no later than seven calendar days after the issuance of the no trespass warning notice.

(4) The terms of the no trespass warning notice shall remain in effect during the pendency of any administrative or judicial proceeding.

History

Statutory Authority: RCW 47.56.030 and 47.60.010. WSR 13-16-010, § 468-300-811, filed 7/25/13, effective 8/25/13.

Wash. Admin. Code § 468-300-815 Administrative hearing.

(1) The WSF company security officer or his or her designee (hereinafter "hearing official") shall:

(a) Notify the appellant of the hearing date, time, and location;

(b) Conduct a hearing within ten business days of receipt of the notice of appeal; and

(c) Issue a written ruling upholding, rescinding, or modifying the no trespass warning notice no later than five business days after the hearing. The written ruling shall conform to the requirements of the Washington Administrative Procedure Act, chapter 34.05 RCW.

(2) The hearing official shall consider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.085, written by the individual who issued the no trespass warning notice, without further evidentiary foundation. This evidence creates a rebuttable presumption that the violation occurred and the burden thereafter rests with the appellant to overcome the presumption.

(3) The hearing official shall consider the no trespass warning notice and may consider any written or oral sworn testimony of the appellant or witnesses, as well as pictorial or demonstrative evidence offered by the appellant that the hearing official considers relevant and trustworthy. The hearing official may consider information that would not be admissible under the evidence rules in a court of law.

(4) The hearing official may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer individual oaths to witnesses. The hearing official shall not issue a subpoena for the attendance of a witness at the request of the appellant unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The appellant shall be responsible for serving any subpoena issued at the appellant's request.

(5) If, after the hearing, the hearing official is persuaded on a "more probable than not" basis that the violation did occur, the no trespass warning notice shall be upheld. However, if the appellant can establish that he or she necessarily requires access to the WSF property from which he or she is expelled for purposes of commuting to and from work, school, or necessary medical treatment, the hearing officer shall:

(a) Modify the terms of the no trespass warning notice to allow for travel at specified times only insofar as to limit the specific hardship caused by the expulsion; and

(b) Fine the individual two hundred fifty dollars for the first offense and five hundred dollars for each offense thereafter.

If, however, the violation is not proven on a "more probable than not" basis, then the hearing official shall rescind the no trespass warning notice. If the hearing official rescinds a no trespass warning notice, the no trespass warning notice shall not be considered a prior no trespass warning notice for purposes of WAC 468-300-806(3).

(6) The decision of the hearing official is final. Any appeal of the hearing official's decision may be made in conformance with the Washington Administrative Procedure Act, chapter 34.05 RCW.

(7) No determination of facts made by the hearing official under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding.

(8) In no event shall the hearing official be a person who is subordinate to the person who issued the no trespass warning notice.

History

Statutory Authority: RCW 47.56.030 and 47.60.010. WSR 13-16-010, § 468-300-815, filed 7/25/13, effective 8/25/13.

Chapter 468-305 General provisions.

Wash. Admin. Code § 468-305-001 Definitions.

The following terms and acronyms shall have the meanings set forth as below.

"Administrative fee" means a fee imposed by WSDOT for toll collection processing and other activities as set forth in chapter 468-270 WAC.

"Administrative hearing" means a hearing with an administrative law judge to contest WSDOT's written decision in response to a notice of dispute regarding a notice of civil penalty.

"Administrative law judge (ALJ)" means a judge provided by the office of administrative hearings authorized to conduct administrative hearings.

"Auto Pay" means the addition of money to an account using a customer's predesignated payment method.

"Civil penalty" means the penalty assessed for any unpaid tolls.

"Commission" means the transportation commission appointed by the governor of the state of Washington. The commission is responsible for setting toll rates, fees, schedules and exemptions under RCW 47.46.100, 47.56.240, and 47.56.850 et seq.

"Customer service center (CSC)" means the place that customers can contact by phone, mail, in person, fax or internet to open and manage a toll account, and receive services regarding their account and information about state toll facilities.

"Department" means the Washington state department of transportation (WSDOT).

"Department of licensing (DOL)" means the agency that maintains vehicle registration information.

"Dishonored check" means any check returned to WSDOT by a financial institution for any reason, including nonacceptance, nonpayment, nonsufficient funds, stop payment, or missing signature, unless a justifiable stop payment order exists.

"Dishonored credit card transaction" means a credit card transaction that is not approved by the entity that issued the credit card.

"Dispute" means a customer's contact with the department, online, by phone or in writing, to dispute a fee, toll bill and/or notice of civil penalty.

"Dynamic toll pricing" means toll rates that vary automatically based on the real-time volume and/or performance of traffic in order to maximize the performance of the highway facility being tolled.

"Express toll lanes" means one or more highway lanes that can be used by authorized high-occupancy vehicles, and by toll-paying vehicles, where dynamic toll pricing is used to maintain travel speed and reliability.

"Facility" means a toll transportation facility.

"Final order" means the decision provided by the administrative law judge (ALJ) in response to an administrative hearing.

"Good To Go!™" means the name of the state's toll collection system and is a registered trademark.

"Good To Go!™ account" means an account that is linked to a Pass and/or license plate in order to pay tolls.

"Good To Go!™ customer" means a toll customer who participates in the department's Good To Go!™ tolling program.

"Good To Go!™ Pass (Pass)" means a branded device attached to a toll customer's vehicle that electronically identifies the toll customer's vehicle as it passes through the toll facility.

"Hearing request" means a request to dispute a Notice of Civil Penalty.

"Invoice account" means a restricted account available only to government agencies and other limited cases where the customer is invoiced monthly.

"Nonsufficient funds" means a dishonored check, for any reason, presented to WSDOT in payment of any toll transaction.

"Notice of civil penalty (NOCP)" means the notice that is sent to the account holder or registered vehicle owner for failure to pay a toll by the toll payment due date, and for which a civil penalty is assessed.

"Notice of dishonored credit card transaction" means that notice was sent to the account holder or registered vehicle owner that a transaction authorized by a toll customer is not honored by the financial institution for any reason except for the existence of a stop payment order.

"Notice of nonsufficient funds (NSF)" means the notice sent to a toll customer who presented a dishonored check to WSDOT in payment of any toll transaction or fee.

"Office of administrative hearings (OAH)" means Washington state office of administrative hearings who provides independent adjudication services for the state's tolling program.

"Pay As You Go" means the account payment option where the account is charged at regular intervals based on use. This option requires the customer to provide a valid debit or credit card and no prepaid balance is necessary.

"Pay By Mail" means the method used to pay a toll when a toll bill is mailed to the vehicle's registered owner. Tolls charged using Pay By Mail are charged the designated Pay By Mail toll rate.

"Pay By Plate" means the optional method used to pay a toll by an account holder whose vehicle does not have a Good To Go!™ Pass installed. Tolls charged using Pay By Plate are charged the designated Good To Go!™ toll rate and a Pay By Plate fee.

"Payment transaction" means a record of activity created by the customer service center as a result of a customer payment.

"RCW" means the Revised Code of Washington.

"State" means the state of Washington.

"Tacoma Narrows Bridge" means the toll facility located on SR 16 in Pierce County, Washington.

"Toll" means the charge for the use of a state toll facility.

"Toll bill (Pay By Mail toll bill)" means a bill that is sent to the account holder or registered owner of a vehicle.

"Toll collection system (TCS)" means any system that creates a toll transaction and includes both electronic and photo toll collection systems, and cash (where available).

"Toll customer" means anyone who passes through a Washington state toll transportation facility.

"Toll enforcement officer" means any person authorized by WSDOT to review and certify notices of civil penalty (NOCP).

"Toll payment due date" means the date when a toll bill must be paid.

"Toll transaction" means a record of activity created by the toll collection system as a result of a vehicle traveling through a tolling point.

"Unregistered toll account" means a uniquely identifiable type of account that does not contain customer name, address, or vehicle information and requires the use of a pass and manual replenishment.

"Variable toll pricing" means toll rate schedule that varies by time of day in order to maximize the performance of the highway facility being tolled.

"WSDOT" means Washington state department of transportation, any division, section, office, unit or other entity within Washington state department of transportation, and any of the officers or other officials lawfully representing Washington state department of transportation.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-001, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-001, filed 12/2/15, effective 1/2/16. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-001, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-002 What is the purpose of these rules?

The purpose of these rules is to explain how the Washington state department of transportation (WSDOT) will operate its tolling programs and specifically to:

(1) Establish a uniform toll collection and enforcement system for transportation facilities across Washington state;

(2) Establish efficient processes for both photo and electronic toll collection including an effective toll bill system; and

(3) Ensure fair and efficient toll enforcement and adjudication processes including the accurate issuance of notices of civil penalty (NOCP) and the opportunity for an impartial resolution of NOCP disputes.

History

Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-002, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-100 What toll payment methods are available on WSDOT toll facilities?

The following toll payment methods are available on WSDOT toll facilities:

(1) Good To Go!™ account: This tolling option allows customers to open an account linked to their vehicles that gets charged when toll facilities are used. There are several payment methods available for accounts (as described in WAC 468-305-105).

(2) Pay By Mail: This tolling option allows the user to be billed by mail for toll transactions. Tolls paid using this tolling option are charged the Pay By Mail toll rate.

(3) Manual payment: This tolling option is available only on the Tacoma Narrows Bridge. It requires payment at a tollbooth using cash, credit card, or a debit card that can be processed as a credit card (does not require a PIN). This option requires the vehicle to stop at the tollbooth facility to pay. Tolls paid using this tolling option are charged the cash toll rate.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 26-05-033, s 468-305-100, filed 2/11/26, effective 3/14/26
WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-100, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-100, filed 12/2/15, effective 1/2/16. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-100, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-105 What can I do to arrange for toll payment before I use a toll facility?

Prior to using a toll facility, you can open a Good To Go!™ account online, in person or over the phone.

One or more vehicles can be on an account. Details on how to open a Good To Go!™ account and the options available are covered in WAC 468-305-300.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-052, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-105, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-105, filed 12/2/15, effective 1/2/16.

Wash. Admin. Code § 468-305-125 Is there a way for me to pay the toll after I drive on a toll facility before I get a Pay By Mail bill?

Yes. If you use a toll facility without a Good To Go!™ account and want to pay before receiving a Pay By Mail bill, you can open an account online or by phone within seventy-two hours to pay that toll or walk into any customer service center to pay in person.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-125, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-125, filed 12/2/15, effective 1/2/16.

Wash. Admin. Code § 468-305-131 What happens when I use a toll facility but do not have an account or I have insufficient funds in my account?

(1) If you use a toll facility without an account, or if your account cannot be charged for any reason, a Pay By Mail toll charge will be assessed and a toll bill issued.

(2) If an account address is not available, Pay By Mail bills will be sent to the address of the vehicle's registered owner. It is the registered owner's responsibility to update their registration address with the department of licensing.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-131, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-131, filed 12/2/15, effective 1/2/16.

Wash. Admin. Code § 468-305-133 What should I do once I receive a Pay By Mail bill in the mail?

Toll charges must be paid or disputed within eighty days of using the toll facility. Pay By Mail bills will be mailed to the registered owner of the vehicle if no account holder address is available. If there are toll charges not paid by the due date of the bill, the subsequent bill will be assessed a reprocessing fee at a rate set by the commission. If a reprocessing fee is assessed, this fee must also be paid within eighty days of using the toll facility. Toll charges can be paid online, by mail, in person or by phone.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-133, filed 10/1/19, 12/17/19 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-133, filed 12/2/15, effective 1/2/16.

Wash. Admin. Code § 468-305-136 What happens if I do not pay or dispute my toll charge?

(1) If a toll charge is not disputed or paid within eighty days of the toll charge being incurred, the registered owner of the vehicle incurring the toll may be assessed a civil penalty. A civil penalty is defined in RCW 46.63.160(8) plus the initial toll charge and reprocessing fee.

(2) A notice of civil penalty (NOCP) will be sent by WSDOT to notify the registered vehicle owner of the civil penalty and shall include:

(a) A certification that the license plate in the photo is the license plate of the vehicle being assessed the toll;

(b) The total amount due; and

(3) A notice of civil penalty may include information regarding one or more toll charges that were not paid and their associated civil penalties and reprocessing fees.

History

Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-136, filed 12/2/15, effective 1/2/16.

Wash. Admin. Code § 468-305-150 What can I do once I received a notice of civil penalty?

(1) You can pay the notice of civil penalty. Payment can be made with cash, check, certified check, credit, debit card, or by money order. Payments can be made online, in person, by mail, or telephone.

(2) You may dispute the notice of civil penalty according to the dispute instructions available online, or using the form provided with the notice.

(3) Failure to timely pay the total amount due or dispute the notice shall automatically result in liability for the amount set out in the notice, and a hold may be placed on the vehicle registration renewal. Unpaid amounts may also be transferred to a collection agency.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-150, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-150, filed 12/2/15, effective 1/2/16.

Wash. Admin. Code § 468-305-152 What can I do if I dispute my tolls, fees and/or civil penalty?

A customer may dispute the toll charges to a toll account or in a toll bill. A toll may be dismissed or adjusted if the customer provides evidence of documented mitigating circumstances as outlined in RCW 46.63.160(5). A customer can dispute tolls, fees and/or civil penalties with the dispute form provided with the notice of civil penalty or available online.

History

Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-152, filed 12/2/15, effective 1/2/16.

Wash. Admin. Code § 468-305-160 What can I do if I want to pay the tolls but dispute a fee or civil penalty?

Registered owners wishing to dispute a fee or civil penalty may follow the dispute instructions available online, or use the form provided with the notice.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-160, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-160, filed 12/2/15, effective 1/2/16.

Wash. Admin. Code § 468-305-200 Are any vehicles exempt from paying a toll?

Only those vehicles authorized by the commission are exempt from paying tolls. The list of qualified vehicles and qualified uses may vary depending on the toll facility.

History

Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-200, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-210 What is required for a qualified vehicle to claim an exemption?

(1) In order to establish a vehicle's exemption approved by the commission, you may be required to meet the following procedures:

(a) Establish that the vehicle(s) is eligible for exemption by submitting a toll exemption application with related documentation as specified on the application; and

(b) Establish and maintain a Good To Go!™ nonrevenue account in good standing and equip the qualified vehicle with a pass.

(2) In rare cases specific exempt toll transactions may have charges reversed. To claim exemptions for specific exempt toll transactions debited from a toll account, the registered owner or its authorized representative must submit a written request which:

(a) Includes the Good To Go!™ toll account number or the toll bill number;

(b) Identifies the date and time of the transaction(s) for which a credit is being sought;

(d) Submit the written request within eighty days of the toll transaction date. The department may then issue a credit to the toll account.

(3) Failure to submit a certification of vehicle(s) exemption eligibility or timely submit a written request for toll transaction credit will result in a waiver of the ability to claim a toll exemption.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-210, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-210, filed 12/2/15, effective 1/2/16. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-210, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-220 How are rental car transactions processed?

Rental agencies should establish rental accounts through the customer service center. Rental agencies will receive a monthly statement of toll charges detailing the tolling activities of their rental vehicles. The statement will include toll charge, time, date, location and amount due. The rental agency may elect to pay WSDOT directly for the tolls and seek reimbursement from the renter or they may provide WSDOT with the information regarding the renter and rental vehicle as required under RCW 46.63.160(10) within thirty days of the notice mailing. WSDOT may then issue a toll bill to the renter. If the rental agency fails to timely provide the requested information it may be held liable for the toll charges. To facilitate toll operations and collections, the department may use and allow various processes for toll transactions associated with rental agency vehicles.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-220, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-220, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-300 How can I open a Good To Go!™ toll account?

(1) A customer can open a Good To Go!™ account online, in person, or over the phone. One or more vehicles can be connected or associated with an account. The Good To Go!™ terms and conditions contains a full explanation of the Good To Go!™ toll collection program.

(2) With a Good To Go!™ account, a customer can select from the following payment options:

(a) Pay As You Go. This account option allows the customer to be automatically charged at regular intervals after toll facilities are used. This option requires a valid debit or credit card to open.

(b) Prepaid. This account option allows the customer to prepay an amount to their account which will be charged as toll facilities are used. This option does not require a valid debit or credit card but requires a minimum prepaid amount to open. A valid debit or credit card or automated clearinghouse (ACH) can be used to automatically add funds to the account when the balance reaches a customer set minimum. Alternatively, a prepaid account can be replenished manually in person, online, or by phone.

(c) Unregistered account. This option allows a customer to open an account without any personal or vehicle information. The customer must use a Good To Go!™ Pass to be identified. Unregistered accounts must manually replenish and cannot use Auto Pay features.

(d) Invoiced. This account option is for restricted cases such as government agencies and other limited circumstances.

(e) Rental vehicle. This account option is for rental vehicle companies. Rental agencies can use these accounts to transfer liability to their customers within thirty days of billing, consistent with RCW 46.63.160(10).

(f) Nonrevenue. This account option is for entities such as public and private transit, law enforcement, fire departments, and other emergency vehicles that are exempt from tolls according to enacted law. It is the account owner's responsibility to maintain a registry with WSDOT of current fleet vehicles for exemption.

(3) With a Good To Go!™ account, a customer can select from the following options for vehicle identification:

(a) Good To Go!™ Pass. This vehicle identification option requires a Good To Go!™ Pass that is installed in a vehicle and is readable by the toll facility's electronic toll system. This vehicle identification method is the lowest cost option for the customer and WSDOT.

(b) Pay By Plate. This vehicle identification option allows a vehicle to be identified by its license plate registration through the photo toll system. A Pay By Plate fee is added to each toll. Each license plate can only be associated with one account, although one account can have multiple license plates or vehicles.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 26-05-033, s 468-305-300, filed 2/11/26, effective 3/14/26
WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-300, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-300, filed 12/2/15, effective 1/2/16. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-300, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-315 How do I add funds to my prepaid account?

Prepaid accounts require periodic addition of funds, which can be done either automatically or manually.

(1) Auto Pay. A customer who has a prepaid account may choose to add funds automatically. The customer must provide a valid debit or credit card or provide ACH (automated clearing house) information. Auto Pay is not available on unregistered accounts.

(2) Manual account replenishment. A customer can opt to manually replenish a prepaid account. Manual replenishment can be done online, in person, or by phone. The customer is responsible to monitor the account and make necessary replenishments in order to avoid additional fees or penalties that may incur for insufficient funds.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-315, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-315, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-316 What happens if the transaction is unsuccessful during automatic payment?

If a customer transaction cannot be processed during automatic payment, the CSC will attempt to resubmit the payment request a second time. If a failure of payment results in unpaid tolls, the customer may receive a Pay By Mail bill(s) for current tolls and any continued use of toll facilities, with tolls charged at the higher Pay By Mail rate.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-316, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-316, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-320 What are the various statuses that my account could be in?

(1) A Good To Go!™ account may be designated with one of the following statuses:

(a) Active. An account is considered active if it is eligible to receive toll transactions.

(b) Closed. An account may be closed upon a customer's request, or by Good To Go!™ for lack of activity extending beyond two years.

(2) If an account is closed or has insufficient funds to cover a toll transaction, the customer will receive a Pay By Mail toll bill for any transactions that do not post to the account.

(3) If funds are available on a prepaid account at the time of closure, the customer will be refunded the balance, minus any outstanding tolls and fees.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-320, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-320, filed 12/2/15, effective 1/2/16. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-320, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-330 How can I get a refund if I close my Good To Go!™ account?

When you close your toll account, you may request a refund by mail, online, by phone or in person if you have a registered toll account. Any outstanding fees or tolls will be deducted from the account balance prior to issuing an account refund. Refunds shall be issued within fifteen days from receipt of account closure. Refunds shall be made in the form of the original payment, when possible. For example, if deposit was made by credit card, the refund would be credited to the same credit card.

For accounts that cannot be refunded electronically, the customer will be issued a check by WSDOT to the account's last recorded mailing address. Refunds will not be issued to unregistered pass accounts.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-330, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-330, filed 12/2/15, effective 1/2/16. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-330, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-340 In what order will my payment be applied to what I owe in toll charges?

Unless specified by the customer, the system will automatically apply each customer payment in the following order:

(1) Tolls, oldest to newest, regardless of any associated fees or penalties;

(2) Any pass purchase for which the purchase was invalidated due to returned payment;

(3) Any outstanding returned check fees;

(4) Any outstanding civil penalty;

(5) Any outstanding late fees;

(6) Any outstanding Pay By Plate fees; and

(7) Any outstanding administrative fees.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-340, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-340, filed 12/2/15, effective 1/2/16. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-340, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-350 What happens if my check does not clear my bank?

The process for handling dishonored checks described in WAC 468-20-900, Dishonored checks.

History

Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-350, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-400 What forms of payment will be accepted by the customer service center?

(1) Credit card. The CSC will accept and process the following types of credit cards as a customer's method of payment:

(a) MasterCard;

(b) VISA;

(d) Discover;

(e) Branded debit cards.

(2) Debit card. The CSC will accept and process debit cards. Debit cards that require a pin for processing will be accepted only for in-person transactions.

(3) Check. The CSC will accept the following forms of checks (in U.S. currency) as a customer's method of payment:

(a) Personal first-party check (no third-party checks will be accepted);

(b) Business check;

(d) Money order;

(e) Cashier's check;

(f) Traveler's check;

(g) Bank or teller's check;

(h) Government check (warrant);

(i) Voucher or similar draft guaranteed by a U.S. bank.

(4) Cash. The CSC will accept cash in the form of U.S. coin or currency.

(5) Electronic benefits transfer. The CSC will accept and process electronic benefits transfer (EBT) at walk-in CSC locations.

(6) Inter agency payment. The CSC will accept and process inter/intra agency payment (IAP) for accounts flagged as a state agency.

(7) Electronic check (ACH).

(a) The CSC will accept direct payment from your bank account via electronic check (also known as automatic clearing house - ACH) at the walk-in centers, mobile units, online, via phone, mail and fax. Foreign banks will not be accepted.

(b) ACH payments will require either a signed authorization or electronic signature authorization from the customer. The authorization can also be verbal for payments by phone.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-400, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-400, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-410 What toll payment methods are accepted at the TNB toll booths?

The following forms of payments may be used to pay at the Tacoma Narrows Bridge tollbooths and the conditions under which payments will be accepted:

(1) U.S. coin and currency;

(2) Credit cards (MasterCard, VISA, Discover, or American Express);

(3) Branded debit cards (no pin); and

(4) Other noncash instruments authorized by the department.

History

Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-410, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-526 What happens once my dispute is received?

Timely submitted disputes will be reviewed consistent with the Administrative Procedure Act. Brief adjudicative proceedings described in RCW 34.05.482 through 34.05.494 and a written decision will be provided.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-526, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-526, filed 12/2/15, effective 1/2/16.

Wash. Admin. Code § 468-305-527 What happens if I disagree with the outcome of my hearing?

You can appeal the final order made by the administrative law judge through superior court as specified in chapter 34.05 RCW.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-527, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-527, filed 12/2/15, effective 1/2/16.

Wash. Admin. Code § 468-305-528 What happens if I request a hearing?

Once you request a hearing, you will receive a notice of hearing which will contain the date and time of your tele-hearing and phone number to call. The registered owner of the vehicle, or designated agent, must attend the hearing. If you cannot attend on the date scheduled, you must notify the office of administrative hearings (OAH) by phone anytime up until fifteen minutes before the scheduled hearing date and time to request a new date. If you do not appear at a scheduled hearing without notification, you will be liable to pay the tolls, fees, and penalties.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-528, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-528, filed 12/2/15, effective 1/2/16.

Wash. Admin. Code § 468-305-529 How will I be notified of the hearing decision?

An administrative law judge will issue a final order stating whether the registered owner is liable for tolls, fees, and/or civil penalties. Orders issued as the result of a hearing will be sent to the address provided in the request for a hearing.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-529, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-529, filed 12/2/15, effective 1/2/16.

Wash. Admin. Code § 468-305-540 What information about my toll charges is available prior to the administrative hearing or submission of a written dispute?

The registered owner may request a copy of the evidence package for the administrative hearing or written dispute.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-540, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-540, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-542 What evidence will be before the administrative law judge at the hearing or when reviewing the written dispute and waiver of hearing?

(1) WSDOT evidence. The department will provide for consideration by the administrative law judge the following:

(a) The vehicle license plate images associated with the NOCP(s);

(b) The vehicle registration information from department of licensing;

(d) Any other documentary or oral evidence pertaining to the toll violation.

(2) Other evidence.

(a) The registered owner will be afforded the opportunity to respond to the evidence with an oral statement and to present evidence that is reasonably related to the toll violation.

(b) All testimony of parties will be made under oath or affirmation.

(d) The administrative law judge may exclude evidence that is irrelevant, immaterial or repetitious.

History

Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-542, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-560 What is the final order?

The decision provided by the administrative law judge in response to an administrative hearing is a final order.

After consideration of the evidence and argument as presented in either the Hearing Request Form, or at the administrative hearing, the administrative law judge will determine what tolls, fees and/or civil penalties are due.

History

Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-560, filed 12/2/15, effective 1/2/16. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-560, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-570 When is payment due if I am found liable for the NOCP?

If you are found liable, your payment is due within ten days of the order. If you do not pay the amount due a hold will be placed on your vehicle registration and the unpaid penalty may be transferred to a collections agency.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-570, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-570, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-580 How do I release a hold on my vehicle registration renewal?

You can check with the department of licensing to find out if there is a hold on your vehicle registration renewal. To release the hold, you must pay your civil penalty. Payments may be made to the customer service center via phone, mail or internet. If the matter has been referred to a collection agency, payment should be directed to the collection agency.

History

Statutory Authority: RCW 46.63.160(5), 47.01.101(5), 47.56.030(1), and 47.56.795. WSR 19-20-102, 20-01-144, 20-07-042, 20-10-058, 20-13-092, 20-17-062, 20-21-022, 21-04-129, 21-07-121 and 21-11-042, § 468-305-580, filed 10/1/19, 12/17/19, 3/10/20, 4/30/20, 6/16/20, 8/12/20, 10/9/20, 2/2/21, 3/23/21 and 5/13/21, effective 7/1/21. Statutory Authority: RCW 47.01.101(5), 46.63.160, 47.46.105, 47.56.785, 47.56.790, and 47.56.880. WSR 15-24-123, § 468-305-580, filed 12/2/15, effective 1/2/16. Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-580, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Wash. Admin. Code § 468-305-582 How do I pay amounts forwarded to a collection agency?

Once an unpaid civil penalty has been forwarded to a collection agency, you must contact the collection agency and pay them directly the civil penalty and fees owed.

History

Statutory Authority: RCW 46.63.160, 47.46.105, 47.56.010, 47.56.030(1), 47.56.070, 47.56.403, 47.56.785, 47.56.795. WSR 11-07-039, § 468-305-582, filed 3/14/11, effective 12/3/11 at 12:00 a.m. per WSR 11-24-042.

Chapter 468-310 Prequalification of ferry system contractors.

Wash. Admin. Code § 468-310-010 General requirements.

Contractors desiring to offer bids for the performance of contracts for the construction, improvement or repair of a ferry operated by the Washington state ferries or for the repair, overhaul, or the dry-docking of any ferry operated by Washington state ferries must first be prequalified by the Washington state department of transportation (hereinafter "department") and shall file a standard prequalification questionnaire and financial statement (hereinafter "prequalification questionnaire") using forms furnished by the department. Contractors desiring to offer bids for the performance of contracts for the construction, improvement, or repair of ferry terminal facilities shall submit for consideration a prequalification questionnaire (DOT form 420-010) in accordance with chapter 468-16 WAC. The prequalification questionnaire shall include a report of the financial ability of the contractor, its organization, key personnel, equipment and plant facilities, and experience. Complete answers to all questions and the furnishing of all information as indicated by column headings or otherwise throughout the prequalification questionnaire are an essential part of compliance with these rules. A prequalification questionnaire from a contractor not previously prequalified under these rules, who desires to bid on a project must be received no later than 15 calendar days prior to the bid opening (or such other time as the department may specify with respect to any project) in order to receive consideration for that bid opening. The contractor shall authorize the department to obtain all information which it may deem pertinent with respect to the contractor's financial worth, assets and liabilities, and the adequacy of its performance of contracts performed by the contractor in whole or in part within the preceding three years. The department shall issue a certificate of prequalification to any contractor found to possess the qualifications prescribed.

Prequalification may be established in any calendar quarter and is renewable annually. Information submitted in the prequalification questionnaire will be used to establish the initial prequalification, classification and maximum capacity ratings of the contractor for its current fiscal year or remaining portion thereof plus one additional calendar quarter. Prequalification will be renewed annually thereafter or at other times as designated by the department.

The department shall not make available for public inspection and copying financial information supplied by or on behalf of the contractor for the purpose of qualifying to submit a bid or proposal as provided herein. The foregoing restriction shall not, however, prohibit the department from giving such information in evidence or in pretrial discovery in any court action or administrative hearing involving the department and the contractor.

The department may at any time during which the certificate of prequalification is in effect demand a new prequalification questionnaire and if the same is not provided within sixty days of the date of request, the certificate of prequalification held by the contractor will be considered forfeited and the contractor will not be permitted to bid on contracts let by the department for those classes of ferry system construction or repair enumerated in WAC 468-310-050(6) until a new statement has been received by the department.

If at any time during the valid period of the certificate of prequalification the latest prequalification questionnaire on record with the department ceases to represent fairly and substantially the financial position or the equipment and plant facilities of the contractor to whom the certificate was issued, it shall be the responsibility of that contractor to so notify the department and to refrain from further bidding on ferry system construction or repair contracts until their prequalification has been confirmed or revised. Failure to give such notice will constitute a violation of these rules.

Qualified contractors shall be notified of impending expiration of their qualification and will be provided the necessary questionnaire forms for renewal at least forty-five days before the expiration date.

The department reserves the right to require a personal interview with any contractor when considering their qualifications.

History

Statutory Authority: RCW 47.60.680 and 47.60.690. WSR 99-03-025 (Order 189), § 468-310-010, filed 1/11/99, effective 2/11/99. Statutory Authority: 1983 c 133. WSR 83-19-014 (Order 84), § 468-310-010, filed 9/12/83.

Wash. Admin. Code § 468-310-020 Contents of standard prequalification questionnaire and financial statement.

The standard prequalification questionnaire and financial statement shall be transmitted to the director of Washington state ferries. The contractor shall provide the following information:

(1) The name, address, phone number, contractor registration number and type of organization (corporation, copartnership, individual, etc.) of the contractor seeking prequalification.

(2) The contract size in dollars and the class or classes of work for which the contractor seeks prequalification (such as vessel dry-docking and hull repairs, vessel electrical repairs, etc.) as enumerated in WAC 468-310-050(6).

(3) Ownership of the contractor and if a corporation, the name of the parent corporation (if any) and any affiliated companies or subsidiaries.

(4) An accurate and complete record of the fifteen largest contracts in excess of ten thousand dollars performed by the contractor in whole or in part within the preceding three years both in Washington and elsewhere, including subcontracts, giving the contract amount, the date completed, the class of work, the name, address and phone number of the owner/agency representative, and any liquidated damages assessed against the contractor by an owner arising out of the performance of the contract.

(5) The principal officers and key employees showing the number of years each engaged in the class or classes of work for which the contractor seeks prequalification. The department may require resumes of such personnel as deemed proper for making its determination.

(6) Except as otherwise provided in this section or WAC 468-310-050(8), a contractor requesting prequalification certification to perform work in excess of ten million dollars shall submit copies of its audited annual statements for the previous three years as audited by an independent certified public accountant which shall include comparative balance sheets and income statements, a statement of retained earnings, supporting schedules and notes attached thereto, and the opinion of the independent auditor. The financial statement shall not be more than twelve months old when submitted. Any wholly owned subsidiary corporation may file the latest consolidated financial statement of its parent corporation in lieu of a financial statement prepared solely for such subsidiary providing the financial statement otherwise meets the requirements of the preceding two sentences. If a consolidated financial statement is filed on behalf of a subsidiary corporation, a bid of the subsidiary corporation will be considered only if there is on file with the department a letter from the parent corporation guaranteeing performance by the subsidiary corporation of its contract with the department of transportation in an amount at least equal to the amount of the bid. A letter of guarantee by a parent corporation may cover a specific contract bid by its subsidiary or all contracts bid by its subsidiary within a stated period of time.

(7) A list of all major items of equipment to be used in those classes of work for which prequalification certification is requested including the original cost, age, location and condition of such equipment. The schedule shall show whether the equipment is owned, leased or rented. All major items of useful equipment should be listed even though fully depreciated but no obsolete or useless equipment should be included. In the event the contractor seeks prequalification certification to perform work on ferry vessels, the schedule shall also describe plant facilities of the contractor including shipyards, dry docks, repair facilities and other plant facilities.

(8) Such other information as may be required by the prequalification questionnaire.

(9) Notwithstanding the provisions of this section, a contractor who wishes to prequalify for the department's procurement of new auto ferries for the Port Townsend/Keystone ferry route, pursuant to the department's 2008 invitation for bids, shall submit a reviewed financial statement for at least one year in the previous three years, plus annual financial statements for two additional years in the previous three years. The reviewed financial statement shall be prepared by an independent certified public accountant which shall include comparative balance sheets and income statements, a statement of retained earnings, supporting schedules and notes attached thereto, and the opinion of the independent auditor. The form and quantity of financial statements shall be specified in the department's invitation for bids and is subject to modification by addendum during the bid process. This subsection applies in lieu of the form and quantity of audited financial statements specified in subsection (6) of this section for the Port Townsend/Keystone vessel procurement only. It does not replace or modify any other provisions in this chapter or governing prequalification statutes that authorize the department to evaluate a contractor's financial ability to perform the contract.

History

Statutory Authority: RCW 47.56.780, 47.60.680, and 47.60.690. WSR 08-19-004, § 468-310-020, filed 9/4/08, effective 10/5/08. Statutory Authority: RCW 47.60.816. WSR 04-11-004, § 468-310-020, filed 5/5/04, effective 6/5/04. Statutory Authority: RCW 47.60.680 and 47.60.690. WSR 99-03-025 (Order 189), § 468-310-020, filed 1/11/99, effective 2/11/99. Statutory Authority: RCW 47.60.680. WSR 88-19-040 (Order 114), § 468-310-020, filed 9/14/88. Statutory Authority: 1983 c 133. WSR 83-19-014 (Order 84), § 468-310-020, filed 9/12/83.

Wash. Admin. Code § 468-310-030 Criteria for determining an unsatisfactory record of performing previous contracts.

The department may refuse to prequalify a contractor which it determines has an unsatisfactory record of performing previous contracts. In making such a determination the department shall consider the record of the contractor in performing any contract in excess of $10,000 in value performed in whole or in part within the preceding three years in accordance with the following criteria, to wit, whether or not the contractor has with respect to such contract:

(1) Furnished records, including but not limited to drawings, plans, manuals, and financial records as required by the contract;

(2) Submitted all drawings and plans to the department for review and approval as required by the contract;

(3) Fulfilled the requirements of any contractual guarantee or warranty;

(4) Diligently pursued execution and completion of work or delivery of vessels in accordance with contractual time schedules as modified by extensions of time by the owner;

(5) Cooperated with the owner in the performance of the contract including providing the owner access to the work for inspection and providing the owner timely notices of tests and trials as required by the contract;

(6) Performed the contract in a workmanlike manner with adequate quality assurance;

(7) Otherwise completed the contract in compliance with contract plans and specifications.

History

Statutory Authority: 1983 c 133. WSR 83-19-014 (Order 84), § 468-310-030, filed 9/12/83.

Wash. Admin. Code § 468-310-040 Criteria for determining an unsatisfactory record of integrity.

The department may refuse to prequalify a contractor which it determines has an unsatisfactory record of integrity in the performance of previous contracts or in connection with prequalification or bidding. In making such a determination, the department may consider any of the following as evidence of a lack of integrity:

(1) Conviction of violating a federal or state antitrust law by bidrigging, collusion, or restraint of competition between bidders, or conviction of violating any other bid-related or contract-related federal or state law. Conviction of a contractor's principal officers and agents of any such offenses will be imputed to the contractor;

(2) Willful concealment of any deficiency in the performance of a prior contract;

(3) Falsification of information or submission of deceptive or fraudulent statements in connection with prequalification, bidding, or performance of a contract;

(4) Debarment of the contractor by a federal or state agency or by a municipal corporation unless the period of the debarment has terminated;

(5) Default on a previous contract.

History

Statutory Authority: 1983 c 133. WSR 83-19-014 (Order 84), § 468-310-040, filed 9/12/83.

Wash. Admin. Code § 468-310-050 Classification and capacity rating.

(1) Except as otherwise specified in this section, each contractor seeking prequalification under these rules will be classified for one or more of the classes of work listed in subsection (6)(a) of this section and will be given a maximum capacity rating in accordance with its financial ability, the adequacy of its equipment and plant facilities to perform the class or classes of work for which it has sought prequalification, the extent of the contractor's experience in performing contracts of the class or classes for which prequalification is sought, and the adequacy of the experience and capability of the contractor's officers and key employees in performing contracts of the class or classes for which prequalification is sought. The maximum capacity rating will limit the quantity of uncompleted work which the contractor shall have under contract at any one time either as a prime contractor or a subcontractor.

(2) Except as provided in subsections (7) through (9) of this section, the maximum capacity rating for a contractor applying for a rating in excess of fifty thousand dollars will be ten times the contractor's net worth as set forth in the standard prequalification questionnaire and financial statement. A properly executed letter of credit from an acceptable financial institution may be considered as an asset increasing the contractor's maximum capacity rating by the amount of the credit, but without the use of a multiplier. The maximum capacity rating for a contractor not submitting an audited financial statement as provided in WAC 468-310-020(6) will be ten million dollars: Provided, That in all cases the contractor's maximum capacity rating may be reduced to an amount considered by the department to be within the contractor's actual capacity based upon its organization, personnel, equipment and plant, and experience.

(3) Consideration will be given to raising, by an amount not to exceed fifty percent, the maximum capacity rating of a contractor who qualifies with respect to actual capacity based upon organization, personnel, equipment and plant facilities, and experience, upon receipt of evidence of a current bonding capacity of such additional amount with a corporate surety. Such evidence shall be in the form of a letter of commitment executed by an officer of the surety who is authorized to bind the surety. Notwithstanding the provisions of this subsection, the maximum capacity rating for a contractor not submitting an audited financial statement as provided in WAC 468-310-020(6) will be ten million dollars.

(4) The certificate of prequalification issued by the department will establish a contractor's maximum capacity rating which will be subject to reduction by the total value of its current uncompleted work regardless of its location and with whom it may be contracted to determine the contractor's bidding capacity at the particular time.

(5) Notwithstanding the provisions of this section, a contractor will be allowed to submit a bid for an amount up to $50,000 on a class or classes of work for which it is prequalified without regard to any financial maximum capacity rating or financial current capacity rating: Provided, That the contractor's current capacity may be reduced to an amount considered by the department to be within the contractor's actual capacity based upon its organization, personnel, equipment and plant facilities, and experience.

(6)(a) Construction, repair and maintenance work on ferry vessels for which prequalification certification under these rules may be granted are classified as follows:

| Class 81 | Vessel construction and renovation; | | --- | --- | | Class 82 | Dry-docking and hull repairs; | | Class 83 | Vessel metal fabrication repairs; | | Class 84 | Vessel electrical repairs; | | Class 85 | Vessel miscellaneous repairs; |

(b) A contractor currently prequalified under RCW 47.28.070 to perform those classes of work required in the construction, improvement and repair of ferry terminal facilities will initially be deemed prequalified under these rules to perform such classes of work with the same capacity rating as approved by the department for highway related work.

(7) Notwithstanding the provisions of this section, proposers who wish to prequalify for the department's construction of new 130-auto ferries, pursuant to the department's 2003 request for proposals, must submit evidence of their ability, if awarded the contract, to obtain contract security in the amount of thirteen million dollars. The department estimates such amount to be adequate to protect one hundred percent of the department's estimated exposure to loss on the vessel construction contract, as calculated by the department prior to issuance of the request for proposals. Such amount shall be specified in the project request for proposals and is subject to modification by addendum during the request for proposals process. The actual contract security amount for the project construction contract will be a percentage of the successful proposer's total bid price. Such percentage shall be specified in the construction contract within the request for proposals. For the new 130-auto ferries contract, this provision applies in lieu of the maximum capacity rating formula specified in subsection (2) of this section.

(8) Notwithstanding the provisions of this section or WAC 468-310-020, proposers who wish to prequalify for the department's construction of new 130-auto ferries, pursuant to the department's 2003 request for proposals, shall, in addition to the evidence of contract security required in subsection (7) of this section, submit an audited financial statement for at least one year in the previous three years, plus annual financial statements for two additional years in the previous three years. The audited financial statement shall be performed by an independent certified public accountant which shall include comparative balance sheets and income statements, a statement of retained earnings, supporting schedules and notes attached thereto, and the opinion of the independent auditor. The form and quantity of financial statements shall be specified in the project request for proposals and is subject to modification by addendum during the request for proposals process. For the new 130-auto ferries contract, this provision applies in lieu of the quantity of audited financial statements specified in WAC 468-310-020.

(9) This subsection shall apply to the Port Townsend/Keystone vessel procurement only and shall be used in lieu of the requirements of subsections (1) through (5) of this section. It does not replace or modify any other provisions in this chapter or governing prequalification statutes. The department may prequalify a contractor under a Class 81 classification to bid on the Port Townsend/Keystone vessel procurement pursuant to this section based on the department's evaluation of the following criteria:

(a) Whether the contractor has adequate equipment and plant facilities available to accomplish the work;

(b) Whether the contractor has trained personnel available to perform the work;

(d) Whether the contractor has an organization and technical staff with the size, training, experience and capability to accomplish the work;

(e) Whether the contractor has adequate financial resources to perform the type and size of work, or the ability to timely secure such resources. In evaluating such financial resources, the department may consider the contractor's overall financial condition including, but not limited to:

(i) Level of capitalization;

(ii) Cash flow;

(iii) Level of business activity;

(iv) Credit history;

(v) Debts;

(vi) Assets; and

(vii) Ability to obtain financing, including but not limited to, irrevocable lines of credit, and parent company guarantees.

A contractor does not have adequate financial resources when, based upon the totality of the circumstances, it lacks the financial resources reasonably expected of a contractor capable of performing the work on time and without interruption.

History

Statutory Authority: RCW 47.56.780, 47.60.680, and 47.60.690. WSR 08-19-004, § 468-310-050, filed 9/4/08, effective 10/5/08. Statutory Authority: RCW 47.60.816. WSR 04-11-004, § 468-310-050, filed 5/5/04, effective 6/5/04. Statutory Authority: RCW 47.60.680 and 47.60.690. WSR 99-03-025 (Order 189), § 468-310-050, filed 1/11/99, effective 2/11/99. Statutory Authority: RCW 47.60.680. WSR 88-19-040 (Order 114), § 468-310-050, filed 9/14/88. Statutory Authority: 1983 c 133. WSR 83-19-014 (Order 84), § 468-310-050, filed 9/12/83.

Wash. Admin. Code § 468-310-060 Review of restrictions in prequalification certificate.

Any contractor dissatisfied with restrictions on the dollar amount or class of work approved in its prequalification certificate may request in writing, a review of their questionnaire and qualification rating with the director of Washington state ferries together with supporting documentation. The request must be filed within thirty calendar days of the date of receipt of the notice of qualification and must specifically state the basis for the request. The director or designee shall advise the applicant of his or her decision of the reconsideration within thirty calendar days of receipt of the request.

History

Statutory Authority: RCW 47.60.680 and 47.60.690. WSR 99-03-025 (Order 189), § 468-310-060, filed 1/11/99, effective 2/11/99. Statutory Authority: 1983 c 133. WSR 83-19-014 (Order 84), § 468-310-060, filed 9/12/83.

Wash. Admin. Code § 468-310-070 Joint ventures.

The department recognizes two distinct types of joint ventures for prequalification, classified as follows:

(1) Individual project joint venture: An association of two or more prequalified firms formed for the specific purpose of submitting a joint bid on a particular project. The bid of an individual project joint venture will be accepted provided all members of the joint venture are currently prequalified. At least fifteen days prior to the date set for opening bids, the members of the joint venture must execute and file with the department, for its approval, a standard form of "individual project statement of joint venture" setting forth the name of the joint venture, the members of the joint venture, the title of the improvement and the names of those authorized to bind the joint venture. (Corporate minutes authorizing the joint venture must accompany the joint venture request for prequalification.)

(2) Continuing joint venture: An association of two or more firms formed for the purpose of submitting joint bids on projects to be let over a period of time. The bids of continuing joint ventures will be accepted if prequalification has been satisfactorily established by the following methods: A standard questionnaire and financial statement combining the assets and liabilities of all members of the venture shall be submitted in the name of the joint venture, together with a photostatic or certified copy of the joint venture agreement. Such agreement shall contain a provision which will unequivocally bind the parties, jointly and severally, to any joint venture contract entered into thereunder. It shall also specify the name under which the joint venture will operate and the names of those authorized to sign proposals, bonds, contracts, estimates and other documents and/or instruments in connection with the department's contracts. Corporate minutes authorizing the joint venture must accompany the joint venture request for prequalification. The department may require such further documentation as it may deem necessary. A continuing joint venture agreement will be executed as follows: An individual member of the joint venture shall sign in his individual capacity showing the name of the firm under which he is doing business. All partners both general and limited of a copartnership shall sign under the name of the copartnership. An authorized officer shall sign on behalf of a corporation with the corporate seal affixed. A certified copy of the resolution of the board of directors adopting the joint venture and authorizing the officer to enter into a joint venture agreement on behalf of the corporation shall accompany the agreement.

History

Statutory Authority: 1983 c 133. WSR 83-19-014 (Order 84), § 468-310-070, filed 9/12/83.

Wash. Admin. Code § 468-310-080 Nonrenewal and revocation of prequalification certificate.

The department may refuse to renew a contractor's prequalification certificate, or may revoke a contractor's prequalification certificate in accordance with the criteria contained in WAC 468-310-030 and 468-310-040. In denying or revoking a contractor's prequalification certificate under this section or under WAC 468-310-030 or 468-310-040, the department shall specify the period of disqualification which shall not exceed three years. At the end of such period, the contractor may again apply for prequalification as provided in these rules.

History

Statutory Authority: 1983 c 133. WSR 83-19-014 (Order 84), § 468-310-080, filed 9/12/83.

Wash. Admin. Code § 468-310-090 Notification and opportunity for a hearing.

Notification of the department's intent to (1) refuse to prequalify a contractor, (2) refuse to renew a contractor's prequalification certificate, or (3) revoke a contractor's prequalification certificate will be made in writing and will be served upon the contractor by mail, properly addressed with postage prepaid. The intended action set forth in the written notification shall become final unless the contractor serves on the assistant secretary for marine transportation, a written request for a hearing thereon within 10 days after receipt of the notification. Upon receipt of such a request, the department shall afford the contractor a hearing in accordance with chapter 34.04 RCW relating to contested cases.

History

Statutory Authority: 1983 c 133. WSR 83-19-014 (Order 84), § 468-310-090, filed 9/12/83.

Wash. Admin. Code § 468-310-100 Delegation of authority.

The director of Washington state ferries is delegated authority to administer the provisions of chapter 133, Laws of 1981 and chapter 468-310 WAC. The director of Washington state ferries is delegated authority to exercise all powers vested in the secretary of transportation by WAC 468-10-234 relating to the adoption of a final order granting, denying or revoking a prequalification certificate pursuant to chapter 133, Laws of 1983. The director of Washington state ferries may further subdelegate authority to exercise all powers vested in the secretary of transportation by WAC 468-10-234. A person to whom such authority is subdelegated shall be deemed to be the designee of the secretary of transportation as that term is used in WAC 468-10-234.

History

Statutory Authority: RCW 47.60.680 and 47.60.690. WSR 99-03-025 (Order 189), § 468-310-100, filed 1/11/99, effective 2/11/99. Statutory Authority: 1983 c 133. WSR 83-19-014 (Order 84), § 468-310-100, filed 9/12/83.

Chapter 468-320 Washington state ferry vessel construction, maintenance and repair contracts—Alternate forms of security and determination of bonding amount required.

Wash. Admin. Code § 468-320-010 Marine contract security—General requirements.

(1) As required by chapter 58, Laws of 1989, the bond and/or alternate form(s) of security for a contract for construction, maintenance or repair of a marine vessel by the Washington state department of transportation (hereafter "contract"), shall be in an amount adequate to protect one hundred percent of the state's exposure to loss on such contract. The contractor shall provide either:

(a) An executed contract bond, as described in RCW 39.08.010, in the amount of one hundred percent of the state's exposure to loss and in the form required in the bid specifications; or

(b) A combination of security, totaling one hundred percent of the state's exposure to loss, consisting of:

(i) An executed payment bond in the amount of the state's payment exposure (see WAC 468-320-030) as stated in the bid specifications, which is adequate to fully protect the state against claims for work done by laborers, mechanics, subcontractors, materialmen and all persons who supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, when such persons have not been paid by the contractor, and the state has paid for such work; and

(ii) An executed contract bond and/or alternate form(s) of security totaling one hundred percent of the state's performance exposure (see WAC 468-320-030) as provided herein; or

(c) An executed contract bond and/or alternate form(s) of security totaling one hundred percent of the state's performance exposure, if the state, in performing the analysis described in WAC 468-320-030, determines that contract payment procedures completely eliminate its payment exposure (see WAC 468-320-030), and the state so provides in the bid specifications.

(2) Subject to the warranty coverage requirements of WAC 468-320-060 and 468-320-070, such bond and/or alternate form(s) of security shall remain in effect from the date of contract execution until the state has accepted the contract work, the lien claim period has passed, any liens filed under chapter 60.28 RCW have been settled, and all releases from other state of Washington agencies have been received.

History

Statutory Authority: Chapter 34.05 RCW and 1989 c 58. WSR 89-22-028, § 468-320-010, filed 10/26/89, effective 11/26/89.

Wash. Admin. Code § 468-320-020 State's exposure to loss.

The state's exposure to loss in such a contract is equal to the amount calculated in the written loss evaluation process described in WAC 468-320-030.

History

Statutory Authority: Chapter 34.05 RCW and 1989 c 58. WSR 89-22-028, § 468-320-020, filed 10/26/89, effective 11/26/89.

Wash. Admin. Code § 468-320-030 Calculation of state's exposure to loss.

(1) For each contract, a written loss evaluation will be conducted by the project design team during the estimating phase of plan preparation. This evaluation will determine the amount of the state's exposure to loss broken down into performance exposure (subsection (2)(a) through (f) of this section) and payment exposure, if any (subsection (2)(g), (h), and (i) of this section). These amounts will be included in the bid specifications. The amount of the state's exposure to loss will be expressed in terms of a dollar amount or a percentage of the contract amount. After bid opening, copies of the written evaluation will be made available upon request.

(2) The evaluation will include consideration of all potential costs to the state (including engineering and administration (overhead)) in the following risk categories, mitigated generally by permitted delays in payments to the contractor and by contract retainage, and mitigated specifically as described below:

(a) Damage to the vessel, mitigated as appropriate by the required builder's risk insurance.

(b) Noncomplying or faulty material, mitigated as appropriate by the manufacturers' warranties and/or the degree of anticipated state inspection and testing.

(c) Work done poorly, incompletely, or incorrectly, mitigated as appropriate by the nature, complexity, and accessibility of the work, and/or the degree of anticipated state inspection.

(d) Out of service costs due to delays in the work.

(e) Failure to receive United States Coast Guard or American Bureau of Shipping approval, when required, for work already paid for by the state.

(f) Default or bankruptcy of the contractor, including:

(i) Removing the vessel from the contractor's facility;

(ii) Identifying and removing from the contractor's facility material paid for by the state;

(iii) Delivering the vessel to alternate shipyard facilities (contractor or state);

(iv) Completing the work, whether by new contract or by state forces; and

(v) Administering all such actions.

(g) Failure of the contractor to pay taxes or other governmental obligations related to the contract.

(h) Failure of the contractor to pay wage rates required by law.

(i) Failure of the contractor to pay claims of laborers, mechanics, subcontractors, materialmen and all persons who supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work.

(3) If a contract change order significantly increases the amount of the state's exposure to loss, such change order shall specify the amount of such increase and shall provide the amount and form of additional contract security required.

History

Statutory Authority: Chapter 34.05 RCW and 1989 c 58. WSR 89-22-028, § 468-320-030, filed 10/26/89, effective 11/26/89.

Wash. Admin. Code § 468-320-040 Alternate forms of security.

In addition to a contract bond, the following alternate forms of contract security are acceptable if they provide protection in an amount at least equal to the state's exposure to performance loss, meet all legal requirements for effectiveness and authenticity, are specified in the bid specifications for a particular contract as being acceptable for that contract, and meet all of the special requirements set forth below and in the bid specifications for the particular contract:

(1) Certified check;

(2) Cashier's check;

(3) Treasury bill(s);

(4) Irrevocable bank letter of credit;

(5) Assignment of a savings account;

(6) Assignment of other liquid assets specifically approved by the assistant secretary for marine transportation or his designee.

History

Statutory Authority: Chapter 34.05 RCW and 1989 c 58. WSR 89-22-028, § 468-320-040, filed 10/26/89, effective 11/26/89.

Wash. Admin. Code § 468-320-050 Specific requirements for alternate forms of security.

In addition to meeting any special requirements contained in the bid specifications for a contract, alternate forms of contract security will be subject to the following requirements:

(1) Certified check.

(a) Must be issued by a bank which:

(i) Is a qualified public depository under RCW 39.58.010 and meets any other requirements contained in the bid specifications; or

(ii) Meets alternate standards set forth in the bid specifications.

(b) Will be deposited as directed by the contractor at the time of contract execution, with the options specified in WAC 82-32-010.

(2) Cashier's check.

(a) Must be issued by a bank which:

(i) Is a qualified public depository under RCW 39.58.010 and meets any other requirements contained in the bid specifications; or

(ii) Meets alternate standards set forth in the bid specifications.

(b) Will be deposited as directed by the contractor at the time of contract execution, with the options specified in WAC 82-32-010.

(3) Treasury bill(s).

(a) Must be issued by the Treasury Department of the United States and meet any other requirements contained in the bid specifications.

(b) Must be used only for contract security, not warranty coverage.

(c) Must bear a maturity date which is at least six months past the date specified for contract completion. If for any reason, the actual contract completion date extends to within sixty days of the maturity date of the treasury bill(s) furnished by the contractor, the contractor shall, at least thirty days prior to the maturity date, substitute treasury bill(s) with a maturity date at least six months longer than the state's new estimate of the time required for contract completion.

(d) Must be held in book entry at the Federal Reserve in San Francisco and be pledged to the state's account.

(4) Irrevocable bank letter of credit.

(a) Must be issued by a bank which:

(i) Is a qualified public depository under RCW 39.58.010 and meets any other requirements contained in the bid specifications; or

(ii) Meets alternate standards set forth in the bid specifications.

(b) If at any time during the contract or warranty period, as applicable, the issuing bank fails to meet the standards specified in (a) of this subsection, the contractor shall inform the state of such event, and shall, within ten days, substitute an irrevocable letter of credit from a bank which meets the standards specified in (a) of this subsection.

(c) Must be in the form required in the bid specifications, unless an alternate form is approved as provided in (d) of this subsection.

(d) If a contractor cannot obtain an irrevocable letter of credit in the form required in the bid specifications, and wishes to propose an alternative form of irrevocable letter of credit, it shall submit such alternate irrevocable letter of credit to the contracts department of Washington state department of transportation, marine division, for approval on or before the date set forth in the bid specifications. The state, in its sole discretion, may approve or reject the proposed letter of credit, or may suggest changes in it which will make it acceptable, provided the contractor and its bank concur with such changes, in writing, prior to the date set for bid opening.

(5) Assignment of savings account.

(a) The assigned account must be in a bank which:

(i) Is a qualified public depository under RCW 39.58.010 and meets any other requirements contained in the bid specifications; or

(ii) Meets alternate standards set forth in the bid specifications.

(b) The proposed document of assignment shall be submitted to the contracts department of Washington state department of transportation, marine division, on or before the date set forth in the bid specifications. The state, in its sole discretion, may approve or reject the proposed document of assignment, or may suggest changes in it which will make it acceptable, provided the contractor and its bank concur with such changes, in writing, prior to the date set for bid opening.

(d) Must be effective:

(i) For at least six months past the date specified for contract completion, if the contractor does not propose to use the assignment for warranty coverage; or

(ii) For at least one year and six months past the date specified for contract completion if the contractor proposes to use the assignment for warranty coverage.

If for any reason, the actual contract completion date or end of the contract warranty period, as applicable, extends to within sixty days of the end of the savings account assignment, the contractor shall, at least thirty days prior to the end of the initial assignment, make a new or extended assignment in compliance with these regulations for a period at least six months longer than the state's new estimate of the time required for contract completion or warranty coverage, as applicable.

(6) Assignment of other liquid assets.

(a) Must be an assignment of assets approved for investment in WAC 82-32-060.

(b) Both a full description of the liquid assets proposed to be assigned and the proposed document of assignment shall be submitted to the contracts department of Washington state department of transportation, marine division, on or before the date set forth in the bid specifications. The state, in its sole discretion, may approve or reject the proposed liquid assets and/or document of assignment, or may suggest changes in them which will make the liquid assets or the document of assignment acceptable, provided the contractor concurs with such changes, in writing, prior to the date set for bid opening.

(i) For at least six months past the date specified for contract completion, if the contractor does not propose to use the assets for warranty coverage; or

(ii) For at least one year and six months past the date specified for contract completion, if the contractor proposes to use the assignment for warranty coverage.

If for any reason the actual contract completion date or end of the contract warranty period, as applicable, extends to within sixty days of the end of the liquid asset assignment, the contractor shall, at least thirty days prior to the end of the initial assignment, make a new or extended assignment in compliance with these regulations for a period at least six months longer than the state's new estimate of the time required for contract completion or warranty coverage, as applicable.

History

Statutory Authority: Chapter 34.05 RCW and 1989 c 58. WSR 89-22-028, § 468-320-050, filed 10/26/89, effective 11/26/89.

Wash. Admin. Code § 468-320-060 Warranty coverage.

All forms of contract security provided by a contractor shall ensure that the state receives warranty coverage for all losses resulting from any defects in material and workmanship for the period beginning on the date of redelivery of the vessel to the state and ending one year after that date. Such warranty coverage shall be at least as effective in protecting the state as that contained in the state's standard contract bond. Warranty coverage under a contract bond shall be specified in the bond and shall equal ten percent of the penal sum of the bond. Warranty coverage under alternate forms of security shall be in an amount specified in the bid specifications, increased or decreased by ten percent of the net amount of any change orders, and shall be delivered to the state as provided in WAC 468-320-090.

History

Statutory Authority: Chapter 34.05 RCW and 1989 c 58. WSR 89-22-028, § 468-320-060, filed 10/26/89, effective 11/26/89.

Wash. Admin. Code § 468-320-070 Replacement bond option.

As an alternative to the warranty coverage described in WAC 468-320-060, a contractor may, for the period beginning on the date of redelivery of the vessel to the state and ending one year after that date, provide a replacement bond in the amount specified for warranty coverage in the bid specifications, increased or decreased by ten percent of the net amount of any change orders. Such replacement bond shall be in the form required in the bid specifications, and shall be delivered to the state as provided in WAC 468-320-090.

History

Statutory Authority: Chapter 34.05 RCW and 1989 c 58. WSR 89-22-028, § 468-320-070, filed 10/26/89, effective 11/26/89.

Wash. Admin. Code § 468-320-080 Prohibition of double security.

Assets used as an alternate form of contract security shall not also be used to secure a contract bond on the contract.

History

Statutory Authority: Chapter 34.05 RCW and 1989 c 58. WSR 89-22-028, § 468-320-080, filed 10/26/89, effective 11/26/89.

Wash. Admin. Code § 468-320-090 Delivery of alternate security to the state.

All alternate forms of security permitted by these regulations and the bid specifications for a contract shall be delivered to the state in the manner provided in the bid specifications for delivery of a contract bond, unless provided otherwise in the bid specifications.

History

Statutory Authority: Chapter 34.05 RCW and 1989 c 58. WSR 89-22-028, § 468-320-090, filed 10/26/89, effective 11/26/89.

Wash. Admin. Code § 468-320-100 Delegation of authority.

The assistant secretary for marine transportation is hereby delegated authority to administer the provisions of chapter 58, Laws of 1989 and chapter 468-320 WAC. The assistant secretary for marine transportation may further delegate authority to exercise all such powers.

History

Statutory Authority: Chapter 34.05 RCW and 1989 c 58. WSR 89-22-028, § 468-320-100, filed 10/26/89, effective 11/26/89.

Chapter 468-400 Bicycle racing.

Wash. Admin. Code § 468-400-010 Policy.

It is the policy of the Washington state department of transportation (department) to permit bicycle racing on state highways in accordance with the conditions and regulations set forth in this chapter and the latest edition of the"Washington State Bicycle Racing Guidelines."

History

Statutory Authority: RCW 47.36.030. WSR 10-23-075, § 468-400-010, filed 11/15/10, effective 12/16/10. Statutory Authority: Chapters 34.05 and 34.08 RCW. WSR 98-06-029 (Order 171), § 468-400-010, filed 2/26/98, effective 3/29/98.

Wash. Admin. Code § 468-400-020 Definitions.

Bicycles are defined in RCW 46.04.071. Bicycle racing means any contest of speed or competition conducted on bicycles. Bicycle racing permits riding with more than two riders abreast on a roadway. This chapter applies to all bicycle racing events conducted on state highways, including the following types.

(1) Duathlon, triathlon, or multisport event. Duathlons, triathlons, or multisport events are competitions in which bicycle racing forms an essential component. The bicycle race portion of these events is conducted similar to a time trial.

(2) Time trial. Time trials are events in which individuals or small teams of riders, separately ride the same route and distance for elapsed time. Time trials are generally started at preset intervals and held on an out-and-back or circuit course.

(3) Criterium. Criteriums are massed start, high speed bicycle race events in which riders race around a closed circuit course to compete for order of finish. Criteriums are usually held on closed urban or suburban public streets. The course is normally one-half to one mile long.

(4) Road race. Road races are massed start events in which riders complete a race course for order of finish. The course may be point-to-point, a large circuit, or repeated laps of a shorter circuit. Road races are usually held on rural or suburban roads, but may also utilize urban streets.

(5) Rolling enclosure. A rolling enclosure is a type of traffic control where escort vehicles form an enclosed caravan for the exclusive use of bicyclists, by leading and following a group of racers. The enclosure moves along the roadway in the direction of the race. Racers inside the enclosure are not required to follow the normal rules of the road but are controlled by the rules set forth in the "Washington State Bicycle Racing Guidelines." Racers are not allowed to cross the roadway centerline unless the entire road is traffic controlled. A rolling enclosure is the typical traffic control strategy for a road race.

History

Statutory Authority: RCW 47.36.030. WSR 10-23-075, § 468-400-020, filed 11/15/10, effective 12/16/10. Statutory Authority: Chapters 34.05 and 34.08 RCW. WSR 98-06-029 (Order 171), § 468-400-020, filed 2/26/98, effective 3/29/98.

Wash. Admin. Code § 468-400-030 Bicycle race permit required.

No bicycle race event may be held on a state highway without an approved bicycle race permit. All persons or organizations (permittee) conducting any form of bicycle race on a state highway shall apply for a bicycle race permit from the applicable department region administrator. The bicycle race permit must be applied for at least sixty days before the bicycle race event. The department region administrator may waive these requirements under special conditions.

History

Statutory Authority: RCW 47.36.030. WSR 10-23-075, § 468-400-030, filed 11/15/10, effective 12/16/10. Statutory Authority: Chapters 34.05 and 34.08 RCW. WSR 98-06-029 (Order 171), § 468-400-030, filed 2/26/98, effective 3/29/98.

Wash. Admin. Code § 468-400-040 Bicycle race permit conditions.

(1) Bicycle race permits shall be granted only under conditions that ensure reasonable safety for participants, spectators, and other highway users. Reasonable safety implies that race participants, spectators, and other highway users have been accommodated during the planning process in a manner that minimizes the possibility of placing one highway user in conflict with another.

(2) Bicycle race permit requests must include a race description stating all the pertinent information required to understanding the bicycle race event. The request must include a map showing the roadway on which the race will be held. Applications must specify the number of escort vehicles on the roadway used to conduct the race, starting and anticipated finishing time, maximum number of racers, number and training of course marshals, types of signing, and communications equipment.

(3) Approval of other involved jurisdictions shall be obtained prior to formal issuance of a bicycle race permit from the department.

(4) If the race only crosses a state highway, the department region administrator may waive the need for a bicycle race permit provided the permittee can show that reasonable traffic control and safety are provided by the organizer and other road authority: Provided further, That the permittee provide the indemnification and liability insurance prescribed in subsections (6) and (7) of this section.

(5) Bicycle racing will not normally be allowed on the Interstate Highway System.

(6) The permittee shall indemnify, defend and save harmless the state of Washington for any claim, suit, action for injuries, death or any other cause of personal injury or property damage arising from the issuance of a bicycle race permit, including claims of race participants, pedestrians, or other roadway users.

(7) The permittee shall obtain liability insurance in an amount no less than two million dollars to cover the state of Washington for any and all liabilities, including all costs, attorney fees, judgments or other expenses, arising from the use of state highways for the bicycle race event. The state shall be named as an additional insured on all insurance policies. When motor vehicles participate during the event, liability insurance for those vehicles is also required.

(8) When five or more vehicles are lined up behind a bicycle race and delayed for more than five minutes, the bicycle race shall be neutralized at a place of safety to allow the delayed vehicles to pass.

(9) Requests for bicycle race permits must comply with the latest edition of the department's "Washington State Bicycle Racing Guidelines."

(10) The original or certified copy of the permit must be available at the bicycle race for the duration of the bicycle race event.

The "Washington State Bicycle Racing Guidelines" may be obtained from the department's website.

History

Statutory Authority: RCW 47.36.030. WSR 10-23-075, § 468-400-040, filed 11/15/10, effective 12/16/10. Statutory Authority: Chapters 34.05 and 34.08 RCW. WSR 98-06-029 (Order 171), § 468-400-040, filed 2/26/98, effective 3/29/98.

Chapter 468-410 Special highway uses—Special events within highway right-of-way.

Wash. Admin. Code § 468-410-010 Purpose.

WAC 468-410-010

The purpose of this section is to establish permitting requirements and conditions for special events conducted within a state highway right-of-way to ensure public safety and minimize disruption to highway operations.

History

Statutory Authority: RCW 47.36.030, 46.61.405(1), 47.24.020, and 47.48.020. WSR 26-13-042, s 468-410-010, filed 6/10/26, effective 7/11/26.

Wash. Admin. Code § 468-410-020 Definitions.

WAC 468-410-020

For the purposes of this section:

(1) "Department" means the Washington state department of transportation (WSDOT).

(2) "Permittee" means any person, organization, or entity issued a special event permit under this section.

(3) "Special highway use" or "special event" means any organized activity conducted within a state highway right-of-way that may affect normal highway operations including, but not limited to, parades, filming activities, bicycle events, pedestrian events, concerts, festivals, funeral escorts or processions, car shows, and similar activities.

(4) "State highway" has the same meaning as provided in RCW 47.04.010 and includes state routes and interstate facilities under the jurisdiction of the department.

History

Statutory Authority: RCW 47.36.030, 46.61.405(1), 47.24.020, and 47.48.020. WSR 26-13-042, s 468-410-020, filed 6/10/26, effective 7/11/26.

Wash. Admin. Code § 468-410-030 Permit required.

WAC 468-410-030

(1) No person or organization may conduct a special event within a state highway right-of-way without first obtaining a special event permit issued by the department.

(2) An application for a special event permit must be submitted to the department no fewer than 90 calendar days prior to the proposed event date.

(3) The department may waive or modify the application deadline upon a showing of good cause or under special circumstances, as determined by the department.

History

Statutory Authority: RCW 47.36.030, 46.61.405(1), 47.24.020, and 47.48.020. WSR 26-13-042, s 468-410-030, filed 6/10/26, effective 7/11/26.

Wash. Admin. Code § 468-410-040 Coordination with state and local jurisdictions.

WAC 468-410-040

(1) For events involving state routes or interstate facilities, the permittee must submit the required application using the department's prescribed "Application for Special Events on State Highways" form available on the department's official website.

(2) The department may require a letter of acknowledgment or letter of agreement for events involving state routes or interstate facilities.

(3) For events that include city streets or county roads, the permittee is responsible for obtaining any required permits, letters of acknowledgment, or agreements from the applicable local jurisdiction(s) for traffic control or other related activities.

(4) The permittee shall ensure that all required approvals from affected jurisdictions are obtained prior to conducting the event.

History

Statutory Authority: RCW 47.36.030, 46.61.405(1), 47.24.020, and 47.48.020. WSR 26-13-042, s 468-410-040, filed 6/10/26, effective 7/11/26.

Wash. Admin. Code § 468-410-050 Safety requirements.

WAC 468-410-050

(1) The department shall issue a special event permit only when the proposed event provides for reasonable safety of participants, spectators, and other highway users.

(2) For purposes of this section, "reasonable safety" means that the event has been planned and will be conducted in a manner that:

(a) Minimizes the potential for conflict between participants, spectators, and other roadway users; and

(b) Maintains safe and orderly traffic operations to the greatest extent practicable.

(3) The department may impose conditions on the permit as necessary to ensure compliance with safety requirements.

History

Statutory Authority: RCW 47.36.030, 46.61.405(1), 47.24.020, and 47.48.020. WSR 26-13-042, s 468-410-050, filed 6/10/26, effective 7/11/26.

Wash. Admin. Code § 468-410-060 Indemnification.

WAC 468-410-060

As a condition of permit issuance, the permittee shall indemnify, defend, and hold harmless the state of Washington, its officers, employees, and agents from any and all claims, actions, suits, damages, or liabilities arising out of or in connection with the issuance of the special event permit or the conduct of the permitted event including, but not limited to, claims for personal injury, death, or property damage.

History

Statutory Authority: RCW 47.36.030, 46.61.405(1), 47.24.020, and 47.48.020. WSR 26-13-042, s 468-410-060, filed 6/10/26, effective 7/11/26.

Wash. Admin. Code § 468-410-070 Permit availability.

WAC 468-410-070

The permittee shall maintain a copy of the approved special event permit at the event site for the duration of the event and shall make it available for inspection upon request by the department or law enforcement.

History

Statutory Authority: RCW 47.36.030, 46.61.405(1), 47.24.020, and 47.48.020. WSR 26-13-042, s 468-410-070, filed 6/10/26, effective 7/11/26.

Chapter 468-420 Event signs, banners, and decorations.

Wash. Admin. Code § 468-420-010 Definition.

WAC 468-420-010

"Event signs, banners, and decorations" means any outdoor sign, banner, decoration, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing that is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main-traveled way of the interstate system or other state highway. The term includes the sign face(s), and the sign structure unless the sign is painted on a building, and applies to portable, temporary, and permanent installations.

Pursuant to RCW 47.36.030(3) and 47.42.020(10), and WAC 468-66-020 the department may permit signs, banners, or decorations visible to state highways that promote a local agency sponsored event in accordance with the applicable following criteria. For city streets that are also part of the state highway system under chapter 47.24 RCW, cities are responsible for approving signs, banners, and decorations located greater than 20 feet above the roadway surface.

History

Statutory Authority: RCW 47.36.030(3), 47.42.020(10), and 47.24.020(3). WSR 26-13-043, s 468-420-010, filed 6/10/26, effective 7/11/26.

Wash. Admin. Code § 468-420-020 Event signs, banners, and decorations criteria.

WAC 468-420-020

(1) Signs, banners, and decorations shall not interfere or obstruct the view of any traffic control device or impair the operation of transportation management systems or street illumination.

(2) The sign, banner, or decoration shall not include commercial advertising as determined by the department.

(3) Signs, banners, or decorations shall be mounted not less than 20 vertical feet above the roadway surface measured at any point.

(4) Signs, banners, or decorations shall not be visible from interstate highways, or other state highways having a posted speed limit of 50 miles per hour or greater.

(5) Signs, banners, or decorations shall be installed no more than 30 days before and removed no more than three days after the local agency sponsored event.

(6) Signs, banners, or decorations shall not be mounted over highways with four or more lanes. Vertical mounting on luminaire posts may be permitted, provided such installations meet wind load requirements specified by the department.

(7) Signs, banners, or decorations shall not be illuminated in any manner as indicated in RCW 47.36.180.

History

Statutory Authority: RCW 47.36.030(3), 47.42.020(10), and 47.24.020(3). WSR 26-13-043, s 468-420-020, filed 6/10/26, effective 7/11/26.

Chapter 468-500 Commission meetings.

Wash. Admin. Code § 468-500-001 Commission meetings.

Regular public meetings of the Washington state transportation commission are held monthly on the third Wednesday of every month and on the Tuesday immediately preceding that day commencing at 9:00 a.m. or such other time as determined by the commission chair. Each such regular meeting shall be held in the transportation commission meeting room (1D2) in the Transportation Building, 310 Maple Park Avenue S.E., Olympia, Washington. Persons desiring to know the starting time for a specific meeting can call the commission office at 360-705-7070.

History

Statutory Authority: RCW 47.01.071. WSR 05-01-115, § 468-500-001, filed 12/15/04, effective 1/15/05
WSR 99-11-007, § 468-500-001, filed 5/7/99, effective 6/7/99. Statutory Authority: RCW 47.01.061 and 42.30.070. WSR 97-06-002, § 468-500-001, filed 2/20/97, effective 3/23/97.

Chapter 468-510 Lane use restrictions.

Wash. Admin. Code § 468-510-010 High occupancy vehicles (HOVs).

Pursuant to RCW 46.61.165 and 47.52.025, the department has reserved portions of interstate highways, state highways, and ramps, as HOV lanes for the exclusive use of public transportation vehicles or private motor vehicles with the number of occupants specified on signs. Motor vehicles authorized to use HOV lanes are:

(1) Rubber tired municipal transit vehicles conforming to RCW 46.04.355.

(2) Buses with a carrying capacity of sixteen or more persons, including the operator.

(3) Motorcycles conforming to RCW 46.04.330.

(4) Recreational vehicles with the number of occupants specified on signs.

(5) Official marked law enforcement and fire department vehicles equipped with emergency lights and siren, operated by an on-duty state patrol, local, or county law enforcement personnel, or on-duty local, county, or special district fire department personnel.

(6) All other vehicles with the number of occupants specified on signs, except that trucks in excess of 10,000 lb. G.V.W. are prohibited from the use of HOV lanes regardless of the number of occupants. Tow trucks that would be otherwise prohibited because of weight or number of occupants may use HOV lanes when en route to an emergency on a specific roadway or roadside.

History

Statutory Authority: RCW 47.52.025. WSR 06-23-048, § 468-510-010, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 46.61.165 and 47.52.025. WSR 03-20-083, § 468-510-010, filed 9/30/03, effective 10/31/03. Statutory Authority: Chapters 34.05 and 34.08 RCW. WSR 98-12-062 (Order 178), § 468-510-010, filed 6/1/98, effective 7/2/98.

Wash. Admin. Code § 468-510-020 Left lane restrictions.

(1) RCW 46.61.100(3) mandates that no vehicle towing a trailer or no vehicle or combination over 10,000 lb. may use the left lane of limited access roadways having three or more lanes in one direction, and that a high occupancy vehicle (HOV) lane is not considered the left hand lane of a roadway. Within this section, 10,000 lb. means 10,000 lb. gross vehicle weight (G.V.W.).

(2) RCW 46.61.100(3) further mandates that the department, in consultation with the Washington state patrol, shall adopt rules specifying those circumstances where it is permissible for other vehicles to use the left lane in case of emergency or to facilitate the orderly flow of traffic, and those segments of limited access highways exempt from the subsection due to the operational characteristics of the roadway.

(a) For the types of vehicles specified, and under the circumstances enumerated in (a)(i) through (vii) of this subsection, the left lane prohibition described in subsection (1) of this section does not apply to:

(i) Motorcycles towing trailers.

(ii) Class B motor homes, commonly called conversion vans, without a motor vehicle or trailer in tow.

(iii) Tow trucks weighing over 10,000 lb. G.V.W. when en route to an emergency on a specific roadway or roadside.

(iv) Fire trucks or emergency care vehicles weighing over 10,000 lb. G.V.W. when en route to an emergency.

(v) Any vehicle towing a trailer or vehicle or combination weighing over 10,000 lb. G.V.W. when one or more of the lanes are blocked because of an accident, other incident, or highway maintenance or construction activities.

(vi) Any vehicle authorized to use a HOV lane that would otherwise be prohibited from the left lane within two miles approaching the beginning of a HOV lane or following the terminus of a HOV lane.

(vii) Any department of transportation vehicle towing a trailer or weighing over 10,000 lb. G.V.W. when conducting official business within the left lane.

(b) On the roadway portions enumerated in (b)(i) through (viii) of this subsection, the left lane prohibition described in subsection (1) of this section does not apply:

(i) On northbound and southbound Interstate 5 in the Vancouver vicinity, from the Washington/Oregon state line to exit 3 at Main Street.

(ii) On northbound Interstate 5 in the Vancouver vicinity, from the confluence of Interstate 205 to exit 9 at 179th Street.

(iii) On southbound Interstate 5 in the Vancouver vicinity, from exit 9 at 179th Street to exit 7 at Interstate 205.

(iv) On northbound Interstate 5 in the Seattle/Everett vicinity, from exit 154A at I-405 to exit 194 at SR 529.

(v) On southbound Interstate 5 in the Seattle/Everett vicinity, from exit 189 at SR 526 to exit 154A at I-405.

(vi) On eastbound and westbound Interstate 90 in the Seattle vicinity, from exit 2A and 2B respectively at Interstate 5 to exit 10A at Interstate 405.

(vii) On eastbound and westbound Interstate 182 in the Tri-cities vicinity, from exit 4 to exit 12A.

(viii) On northbound and southbound Interstate 205 in the Vancouver vicinity, from the Washington/Oregon state line to the termini of the three lane sections about one-half mile south of exit 32.

(c) On the roadway portions enumerated in (c)(i) and (ii) of this subsection, the left lane prohibition described in subsection (1) of this section does not apply to any vehicle, except trucks over 10,000 lb. G.V.W., when using the left lane for passing to facilitate the orderly flow of traffic:

(i) On southbound Interstate 5 in the Southcenter vicinity, from exit 154A at I-405 to exit 151 at South 200th Street.

(ii) On southbound Interstate 5 in the Tacoma vicinity, from exit 135 at SR 167 to exit 130 at South 56th Street.

History

Statutory Authority: Chapters 34.05 and 34.08 RCW. WSR 98-12-062 (Order 178), § 468-510-020, filed 6/1/98, effective 7/2/98.

Chapter 468-550 Safety oversight of rail fixed guideway systems rules.

Wash. Admin. Code § 468-550-010 Purpose.

This chapter is adopted to comply with 49 C.F.R. Part 674 and RCW 81.104.115, which requires the state of Washington to oversee the agency safety program of rail fixed guideway public transportation systems (RFGPTS) as defined in 49 C.F.R. Part 674.7. These rules prescribe the safety criteria to be met by RFGPTS and are intended to improve the safety of RFGPTS in Washington state. 49 C.F.R. Part 674.11c and Part 674.13a require the establishment of a state safety oversight agency (SSOA) in accordance with the requirements of 49 U.S.C. 5329c and 5329e(3)c. The Washington state department of transportation was designated in 1997 by Governor Gary Locke as the SSOA for the state of Washington. WSDOT's designation and authority as the SSOA is codified in RCW 81.104.115 and more recently in chapter 33, Laws of 2016 (Senate Bill 6358).

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-010, filed 6/11/18, effective 6/11/18. Statutory Authority: RCW 81.104.115. WSR 08-15-078, § 468-550-010, filed 7/15/08, effective 8/15/08. Statutory Authority: RCW 43.06.120. WSR 98-19-052, § 468-550-010, filed 9/15/98, effective 10/16/98.

Wash. Admin. Code § 468-550-015 Effective date.

These rules are necessary to comply with C.F.R. Part 674 and take effect upon filing with the code reviser for emergency rule making per the requirements outlined in RCW 34.05.350.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-015, filed 6/11/18, effective 6/11/18.

Wash. Admin. Code § 468-550-020 Applicability.

These rules are applicable to all Washington state entities, public or private, which own, operate, or maintain RFGPTS as defined in 49 C.F.R. Part 674.7.

These rules apply to all owners of rail fixed guideway public transportation systems, as defined by 49 C.F.R. Part 674, which are required by RCW 81.112.180, 35.21.228, 35A.21.300, 36.01.210, 36.57.120, 36.57A.170, 81.104.015 to comply with the requirements of the Washington state department of transportation for the development and implementation of an agency safety program plan.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-020, filed 6/11/18, effective 6/11/18. Statutory Authority: RCW 81.104.115. WSR 08-15-078, § 468-550-020, filed 7/15/08, effective 8/15/08. Statutory Authority: RCW 43.06.120. WSR 98-19-052, § 468-550-020, filed 9/15/98, effective 10/16/98.

Wash. Admin. Code § 468-550-030 Definitions.

For the purposes of this chapter, the following definitions of terms shall apply unless the context clearly indicates otherwise:

(1) Accident means an event that involves any of the following: A report of a serious injury to a person; a collision involving a rail transit vehicle; a runaway train; an evacuation for life safety reasons; or any derailment of a rail transit vehicle, at any location, at any time, whatever the cause.

(2) Accountable executive means a single, identifiable person who has ultimate responsibility for carrying out the safety management system of a public transportation agency; responsibility for carrying out the agency's transit asset management plan; and control or direction over the human and capital resources needed to develop and maintain both the agency's public transportation agency safety plan in accordance with 49 U.S.C. 5329(d) and the agency's transit asset management plan in accordance with 49 U.S.C. 5326.

(3) Agency means any entity that provides rail fixed guideway public transportation services.

(4) Agency safety plan is a document developed and implemented for each rail fixed guideway system, which describes its safety policies, objectives, responsibilities, and procedures. The requirements for this plan are established by the Federal Transit Administration in C.F.R. 49 Part 674 and further by the Washington state rail safety oversight program standard.

(5) APTA guidelines means the American Public Transit Association's Manual for the Development of Rail Transit System Safety Program Plans.

(6) Collision means a vehicle/vessel accident in which there is an impact of a transit vehicle/vessel with:

• Another transit vehicle;

• A nontransit vehicle;

• A fixed object;

• A person(s) (suicide/attempted suicide included);

• An animal;

• A rail vehicle;

• A vessel;

• A dock.

(7) Contractor means an entity that performs tasks required by this chapter on behalf of the department or a RFGPTS.

(8) Department means the Washington state department of transportation, which has been designated as the state safety oversight agency.

(9) Emergency means a situation which is life-threatening to passengers, employees, or others or which causes damage to any rail fixed guideway vehicle or facility or results in a significant loss of services which severely affects the ability of the system to fulfill its mission.

(10) Evacuation (reportable) is a condition that occurs when persons depart from transit vehicles or facilities for life safety reasons, including self-evacuations for life safety reasons. Evacuations to a location that may put passengers or patrons in imminent danger (such as controlled rail right of way) must also be reported.

(11) Fatality means a death or suicide confirmed within thirty days of a reportable event. Excludes deaths in or on transit property that are a result of illness or other natural causes.

(12) FTA means the Federal Transit Administration, or its successors, an agency within the U.S. Department of Transportation.

(13) Hazardous condition means a set of circumstances that if not identified and corrected has or will result in personal injury or property damage. It includes unacceptable hazardous conditions.

(14) Incident means an event that involves any of the following: A personal injury that is not a serious injury; one or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a rail transit agency.

(15) Incident reporting thresholds are criteria established by Federal Transit Administration in C.F.R. 49 Part 674 and further by the Washington state rail safety oversight program standard for determining which accidents/incidents require investigation.

(16) Investigation means a procedure that the department or a RFGPTS utilizes to determine the cause of a reportable accident, hazardous condition, or security breach.

(17) Major system enhancement means any modification to an existing RFGPTS that will significantly impact the operations and maintenance of the system, including opening new stations, system wide modification or replacement of equipment, expanded operations and maintenance facilities, or significant increases to system capacity.

(18) Medical attention means emergency care at a state-licensed general hospital, critical access hospital, or health clinic, or by a religious practitioner.

(19) Procedure means an established and documented method to perform a task.

(20) Rail fixed guideway public transportation system or "RFGPTS" means any fixed guideway system that uses rail, is operated for public transportation, is within the jurisdiction of a state, and is not regulated by the Federal Railroad Administration, or its successor. Rail fixed guideway public transportation system (or "RFGPTS") also means any such projects in engineering or construction phases. Rail fixed guideway public transportation systems include, but are not limited to, rapid rail, heavy rail, light rail, monorail, trolley, inclined plane, funicular, and automated guideway.

(21) Rail transit agency (RTA) means any city, town, county, transportation authority, public transportation benefit area, regional transit authority, or other agency that owns a RFGPTS and bears ultimate accountability for it.

(22) Revenue line segment means that portion of a fixed guideway system upon, under, or through which a RFGPTS provides service available to the public. It includes stations used by the system's passengers to enter or leave the RFGPTS's conveyance.

(23) Safety means freedom from danger.

(24) Security means freedom from intentional danger.

(25) Security breach means an unforeseen event or occurrence that endangers life or property and may result in the loss of services or system equipment.

(26) System expansion means any modification to an existing RFGPTS that will increase the distance over which trains can travel in passenger service, including line extensions or new lines.

(27) Washington state rail safety oversight program is the program administered by the Washington state department of transportation to ensure compliance by rail fixed guideway public transportation systems with the Washington state rail safety oversight program standard.

(28) Washington state rail safety oversight program standard is a document developed and adopted by the Washington state department of transportation that describes the policies, objectives, responsibilities, and procedures used to provide safety and security oversight of rail fixed guideway systems. This document is a requirement established by the Federal Transit Administration in C.F.R. 49 Part 674.

(29) Unacceptable hazardous condition means a hazardous condition classified by the rail transit agency as being unacceptable based on a hazardous resolution matrix or other evaluation methodology approved by the department.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-030, filed 6/11/18, effective 6/11/18. Statutory Authority: RCW 81.104.115. WSR 08-15-078, § 468-550-030, filed 7/15/08, effective 8/15/08. Statutory Authority: RCW 81.104.115(5). WSR 02-13-004, § 468-550-030, filed 6/6/02, effective 7/7/02. Statutory Authority: 1999 c 202 § 7. WSR 99-18-059 (Order 193), § 468-550-030, filed 8/30/99, effective 9/30/99. Statutory Authority: RCW 43.06.120. WSR 98-19-052, § 468-550-030, filed 9/15/98, effective 10/16/98.

Wash. Admin. Code § 468-550-040 Requirements for agency safety plans.

(1) Rail transit agencies must establish an agency safety plan that complies with the requirements set forth in the Washington state rail safety oversight program standard, which conforms to current federal regulations for agency safety plans. These requirements include the establishment of an agency safety policy, a safety and risk management program, a safety assurance program, and a safety promotion program.

(2) Agency safety plans must establish the agency procedures for the review and revision of the plan. The filing, submittal, review, and approval of agency safety plans must comply with the standard set forth in WAC 468-550-050.

(3) As described in WAC 468-550-060, agency safety plans are subject to reviews and audits from the Washington state rail safety oversight program and the Federal Transit Administration.

(4) Rail transit agencies must conduct internal audits of agency safety plans per the requirements of WAC 468-550-060.

(5) Agency safety plans must establish procedures for the notification, investigation, and reporting of accidents, incidents, and hazards in conformance with the requirements of WAC 468-550-070.

(6) Agency safety plan policy statements must be approved and signed by the agency's accountable executive. The policy statement must assign responsibility for carrying out the plan to the designated agency accountable executive.

(7) Each RFGPTS shall implement and comply with the provisions of its plans and any revisions thereto. Further, should the RFGPTS experience a change in ownership or a change in operating or maintenance providers, the RFGPTS shall require continued compliance with the RFGPTS's established plans and shall notify the department of any change of ownership or operating or maintenance providers within thirty days of the effective date of transfer or contract.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-040, filed 6/11/18, effective 6/11/18. Statutory Authority: RCW 81.104.115. WSR 08-15-078, § 468-550-040, filed 7/15/08, effective 8/15/08. Statutory Authority: RCW 81.104.115(5). WSR 02-13-004, § 468-550-040, filed 6/6/02, effective 7/7/02. Statutory Authority: 1999 c 202 § 7. WSR 99-18-059 (Order 193), § 468-550-040, filed 8/30/99, effective 9/30/99. Statutory Authority: RCW 43.06.120. WSR 98-19-052, § 468-550-040, filed 9/15/98, effective 10/16/98.

Wash. Admin. Code § 468-550-050 Procedures for the submittal, review, approval, and filing of agency safety plans.

(1) Agency safety plans must be submitted within three months prior to operations of a new RFGPTS, a system expansion, or a major system enhancement to an existing RFGPTS.

(2) Full compliance and approval of agency safety plans must be obtained in writing from WSDOT prior to commencing RFGPTS operations. The department and the RTA must accelerate review and revision timelines as necessary to ensure agency safety plan approval prior to the RFGPTS start of service date.

(3) The department must review and evaluate plans according to criteria set forth in the Washington state rail safety oversight program standard.

(4) Each calendar year, as part of its annual safety program report submittal, the transit agency must provide the department with documentation of its annual review of the agency's safety plan.

(5) The department shall provide written approval of the RFGPTS's agency safety plan or provide written comments to the RFGPTS specifying required changes. The RFGPTS shall revise its plan to incorporate the department's review comments, if any, within sixty days after receipt thereof, and resubmit its revised plan for review. After resolving issues arising in the review process, the department shall notify the RFGPTS of its concurrence with the plans. The plans and the department's concurrence shall be maintained by the department in a permanent file.

(6) The RFGPTS shall not transmit any security sensitive portions of its plans, as defined by 49 C.F.R. Part 1520. The RFGPTS shall notify the department of the location and availability of any security sensitive information.

(7) Each RFGPTS may develop procedures to implement this subsection. The Washington state rail safety oversight program standard may require these procedures to be included, summarized, or cited in the agency safety plan.

(8) Failure to comply with the requirements established in WAC 468-550-040, 468-550-050, 468-550-060, 468-550-070, and the Washington state rail safety oversight program standard may result in financial or other penalties. Financial or other penalties will be determined in accordance with WAC 468-550-080.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-050, filed 6/11/18, effective 6/11/18. Statutory Authority: RCW 81.104.115. WSR 08-15-078, § 468-550-050, filed 7/15/08, effective 8/15/08. Statutory Authority: RCW 43.06.120. WSR 98-19-052, § 468-550-050, filed 9/15/98, effective 10/16/98.

Wash. Admin. Code § 468-550-060 Annual internal safety audits and reports.

(1) Each RFGPTS shall perform scheduled internal safety audits to evaluate compliance with the Washington state rail safety oversight program standard, to identify hazardous and risk conditions, and to verify that it is fully implementing its safety program as described in its plans and procedures. The RFGPTS shall include its internal safety audit schedule for the following year in the annual report as required by WAC 468-550-070(5). These audits shall determine the level at which the agency has implemented the agency safety plan. Audits may include, but are not limited to, the observation of employees performing system operations and maintenance activities, employee rules compliance checks, the sampling and inspection of selected system components, interviews, and records reviews.

(2) The RFGPTS shall select a qualified person(s) or contractor to perform its internal audits and shall notify the department not later than ten days prior to performing the internal audits. The notification shall include date(s) of audit, what is to be audited, and the qualifications of those selected to perform the audit, such qualifications are subject to departmental concurrence and should describe what relevant experience and/or training qualifies the auditor(s) to conduct these audits. The department may assess the effectiveness of each RFGPTS audit program; however, any departmental review or concurrence shall not substitute for the RFGPTS's own safety inspection audit programs, nor relieve the RFGPTS from its responsibility for the safety of its system.

(3) Where the agency is not fully implementing its agency safety plan, or is not implementing its safety program in accordance with the agency safety plan, the agency must clearly identify deficiencies in its audit report, per the requirements of Washington state rail safety oversight program standard.

(4) Each RFGPTS shall prepare, maintain, and make available for departmental review, records that document the results of all tests, inspections, and audits conducted by the RFGPTS or its contractor in compliance with the plans. These records shall be maintained by the RFGPTS for a minimum of three years. Failure to provide the department with audit reports and associated records and documentation may result in financial or other penalties as described in WAC 468-550-080.

(5) Internal safety audits shall be documented in an annual report that includes the dates the audits were conducted, the scope of the audit activity, the audit findings and recommendations, the status of any corrective actions taken as a result of the audit activity and the results of each audit in terms of the adequacy and effectiveness of the plan. This annual report for the internal safety audits performed during the preceding year shall be included with the annual safety report specified in WAC 468-550-100.

(6) The department may conduct an independent investigation of the agency's audit program or of specific deficiencies and findings identified by the RFGPTS internal safety audits.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-060, filed 6/11/18, effective 6/11/18. Statutory Authority: RCW 81.104.115. WSR 08-15-078, § 468-550-060, filed 7/15/08, effective 8/15/08. Statutory Authority: RCW 81.104.115(5). WSR 02-13-004, § 468-550-060, filed 6/6/02, effective 7/7/02. Statutory Authority: 1999 c 202 § 7. WSR 99-18-059 (Order 193), § 468-550-060, filed 8/30/99, effective 9/30/99. Statutory Authority: RCW 43.06.120. WSR 98-19-052, § 468-550-060, filed 9/15/98, effective 10/16/98.

Wash. Admin. Code § 468-550-061 Triennial safety program audits conducted by the department.

(1) The department shall audit each RFGPTS's compliance with the agency safety plan at least once every three years in accordance with the requirements of the Washington state rail safety oversight program standard. The RFGPTS shall be given written notification of the audit scope and schedule at least thirty days in advance of the department's audit. Each audit shall be conducted in accordance with an audit checklist. Documentation which may be requested by the department as part of the audit includes, but is not limited to:

(a) The RFGPTS operating rule book, bulletins, and procedures;

(b) Operations and maintenance logs and records;

(d) The RFGPTS procedures for identifying, documenting, evaluating, and correcting hazards;

(e) The RFGPTS system design criteria and project engineering procedures for system modifications;

(f) The RFGPTS annual internal audit reports for the previous three years;

(g) The RFGPTS corrective action plans for reportable accidents and unacceptable hazardous conditions reported to the department during the previous three years;

(h) APTA audit reports;

(i) National Transportation Safety Board accident investigation reports, Federal Transit Agency investigation or audit reports, or peer review reports, if any, prepared during the previous three years.

(2) Upon the department's completion of the on-site portion of the triennial safety program audit, the audit team leader shall issue a final audit report following the process established in the Washington state rail safety oversight program standard. The final audit report shall contain the department audit team's findings and recommendations. The final audit report shall also include the department audit team's evaluation of the RFGPTS agency safety plan's compliance with the Washington state rail safety oversight program standard and a determination of whether it should be updated. The RFGPTS must address all findings and recommendations identified in the final report by following the requirements set forth in the Washington state rail safety oversight program standard.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-061, filed 6/11/18, effective 6/11/18.

Wash. Admin. Code § 468-550-062 Additional external audits conducted on RFGPTS safety programs and plans.

(1) The RFGPTS must notify the department of the schedule and scope for all external audits and investigations which will include the review of the agency safety plan, safety programs, safety critical functions, safety certification, transit asset management plan or drug and alcohol program. These include, but are not limited to, audits and investigations to be conducted by the Federal Transit Administration, USDOT, DHS, NTSB, or OSHA. The RFGPTS must notify the department of the schedule and scope at least one week prior to the start of audit activities.

(2) The Federal Transit Administration conducts an audit of WSDOT's state safety oversight program once every three years. The RFGPTS will participate in these audits and provide relevant safety program documentation and records if requested by the Federal Transportation Administration or the department.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-062, filed 6/11/18, effective 6/11/18.

Wash. Admin. Code § 468-550-063 Audits conducted of department's state safety oversight program.

The RFGPTS will provide documentation if requested by auditors or by department personnel in support of external state or federal audits of the department's state safety oversight program. These include, but are not limited to, triennial reviews conducted by the FTA Transit Safety Oversight office of the department's SSO program compliance.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-063, filed 6/11/18, effective 6/11/18.

Wash. Admin. Code § 468-550-070 Notifying of, investigating, and reporting accidents and unacceptable hazardous conditions.

(1) Each RFGPTS shall notify the department per the requirements set forth in the Washington state rail safety oversight program standard within two hours of the occurrence of any reportable accident.

(2) Each RFGPTS shall notify the Federal Transit Administration (FTA) of reportable hazards, incidents, and accidents per the requirements of 49 C.F.R. 674.33.

(3) Each RFGPTS shall notify the department per the requirements set forth in the Washington state rail safety oversight program standard within two hours of the discovery of any unacceptable hazardous condition.

(4) Each RFGPTS shall notify the department of all other reportable hazards or incidents within the reporting timelines set forth in the Washington state rail safety oversight program standard.

(5) Each RFGPTS shall investigate all reportable accidents and unacceptable hazardous conditions. The RFGPTS may use its own staff or a contractor to conduct its investigation and shall designate a staff person to be responsible for submitting written investigation reports and findings to the department, on a department form, within forty-five calendar days after the reportable accident or unacceptable hazardous condition was discovered. This report shall identify the causal factors contributing to the occurrence and contain a corrective action plan with an implementation schedule to prevent a recurrence of the accident, or to mitigate the unacceptable hazardous condition.

(a) In the event that the RFGPTS does not have all of the data and analysis necessary to complete a final report, the RFGPTS must submit a draft within forty-five days that documents progress to date.

(b) Under no circumstance may the final report be submitted more than four months from the date of the incident.

(c) The department shall review the RFGPTS final investigation report, corrective action plan, and accompanying implementation schedule to ensure that it meets the goal of preventing and mitigating a recurrence of the reportable accident or unacceptable hazardous condition.

(d) In the event that the department does not concur with the findings of the RFGPTS investigation, the corrective action plan, or the implementation schedule, the department shall take the following actions:

(i) Within forty-five calendar days of receipt of the investigation report, confer with the RFGPTS about its preliminary review findings and explain what needs to be changed;

(ii) If the RFGPTS agrees with the department's recommendations, then the RFGPTS shall amend its report to the department in writing within ten calendar days. This then follows the normal WSDOT approval process;

(iii) If the RFGPTS does not agree with the department's recommendations, then it must submit its concerns and issues in writing within ten days to the department. The department shall submit the plan to the FTA transit safety oversight office for their review. The FTA shall make the final determination.

(6) The department has authority to perform separate, independent investigations of reportable accidents or unacceptable hazardous conditions at its own discretion.

(a) WSDOT at its discretion may choose to conduct an independent investigation of any accident meeting the thresholds specified in WSDOT SSO program standard utilizing its own personnel or an authorized contractor.

(b) WSDOT may initiate its own investigation at any time prior to adopting the RTA's accident investigation report. WSDOT will inform the RTA of its intention to conduct an independent investigation in advance of beginning investigation activities on RTA facilities and infrastructure or involving interviews with RTA personnel. WSDOT will advise the RTA of the personnel who will be conducting the independent investigation, and provide a preliminary schedule of the investigation process prior to the start of investigation activities.

(c) All WSDOT authorized accident investigation personnel, including consultants hired for the purpose of conducting an accident investigation, are granted authority under the state safety oversight program to do all things reasonable and necessary to conduct their investigation including, but not limited to, entering RTA facilities, accident scenes, and other relevant locations; examining the property, vehicles, and records of the RTA; interviewing RTA personnel; and evaluating records, materials, data, analysis, and other information which is pertinent to the investigation. It is expected that the RTA will provide the WSDOT investigation team the resources and information necessary to conduct the investigation in an effective and efficient fashion.

(7) All reportable accidents and hazards must be included in an annual safety program summary report to the department per WAC 468-550-100.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-070, filed 6/11/18, effective 6/11/18. Statutory Authority: RCW 81.104.115. WSR 08-15-078, § 468-550-070, filed 7/15/08, effective 8/15/08. Statutory Authority: RCW 81.104.115(5). WSR 02-13-004, § 468-550-070, filed 6/6/02, effective 7/7/02. Statutory Authority: 1999 c 202 § 7. WSR 99-18-059 (Order 193), § 468-550-070, filed 8/30/99, effective 9/30/99. Statutory Authority: RCW 43.06.120. WSR 98-19-052, § 468-550-070, filed 9/15/98, effective 10/16/98.

Wash. Admin. Code § 468-550-071 Access and implementation of risk-based inspections.

All WSDOT trained inspection personnel, including consultants hired for the purpose of conducting inspections, are granted authority under the state safety oversight program to conduct both announced and unannounced inspections of the rail fixed guideway public transportation system (RFGPTS). Each RFGPTS must allow WSDOT and/or consultants to do all things reasonable and necessary to conduct their inspections including, but not limited to, entering RTA facilities and other relevant locations, and inspecting infrastructure, equipment, records, personnel, and data, including the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks. It is expected that the RTA will provide the WSDOT inspection staff with the resources and information necessary to conduct the inspection in an effective and efficient manner.

WSDOT, in consultation with each rail fixed guideway public transportation agency that it oversees, will establish policies and procedures regarding the access to each RFGPTS for the purpose of conducting inspections of the rail fixed guideway public transportation system, including access for inspections that occur without advance notice to the rail fixed guideway public transportation agency.

History

Statutory Authority: RCW 81.1.4.115 [ 81.104.115], 43.06.120, and 49 U.S.C. § [5329(k)]. WSR 24-10-001, § 468-550-071, filed 4/17/24, effective 5/18/24.

Wash. Admin. Code § 468-550-080 Notifying of and applying financial penalties.

(1) If any RFGPTS fails to comply with any of the requirements or due dates specified in the Washington state rail safety oversight program standard, the department shall notify the RFGPTS in writing of such a violation. These violations will be designated by the department to be one or more findings of noncompliance.

(2) The RFGPTS will have fifteen calendar days to respond to this notification with:

(a) Documentation and records of corrective actions taken, for department review, that fully address the violations and findings of noncompliance; or

(b) Justification for its failure to comply or to provide the required records. The justification must include records of all supporting documentation, corrective actions taken, and all other mitigation plans proposed, planned or implemented with intent to address the violation.

(3) Within thirty days of receipt of the RFGPTS response, the department will review and issue one of the following determinations:

(a) Determination of compliance - Where the department determines that violations have been fully addressed and noncompliance findings can be closed.

(b) Determination of noncompliance with exception - Where the department determines that the RFGPTS has taken action to address violations and has a corrective action plan, acceptable in scope and schedule, in place to come into compliance.

(c) The department may establish a new deadline by which the corrective action plan addressing violations must be fully implemented. Failure by the RFGPTS to meet this new deadline may result in the issuance of a determination of noncompliance.

(d) Determination of noncompliance - Where the department determines that violations have not been adequately addressed by the RFGPTS and there is an absence of acceptable corrective actions taken and/or of acceptable scope and schedule of corrective actions to be taken.

(4) Where, the department issues a determination of noncompliance, the department may issue a second and final notification in writing that states a new deadline by which a financial penalty will be imposed if noncompliance findings cannot be addressed. The amount of the financial penalty will be stated in the written notification. If more than one finding of noncompliance exists, more than one financial penalty may be imposed. Financial penalties will be as follows:

(a) The department may issue a financial penalty of ten thousand dollars for each determination of noncompliance.

(b) Thirty days following the issuance of a financial penalty, the department will determine if the status of the violation remains in noncompliance status. This determination will be based on a review of all additional submittals and actions taken by the RFGPTS. If the status has not been changed to determination of compliance or determination of noncompliance with exception, the department may impose an additional financial penalty of ten thousand dollars per finding of noncompliance.

(c) Following each subsequent thirty-day period, the department will review all additional submittals and actions and impose an additional financial penalty of ten thousand dollars until the determination is reduced to either a finding of noncompliance with exception or a finding of compliance.

(d) If a RFGPTS fails to remit the full amount of the imposed financial penalty within sixty days of when due, the department may seek judicial enforcement to recover full payment. Venue for any action hereunder shall be Thurston County.

(5) Additionally, following any issuance by the department of a determination of noncompliance or of inadequate progress in addressing it, the department may require a meeting with the director responsible for the RFGPTS's operations and maintenance, or with the agency's chief executive, to discuss the RFGPTS's progress in completing the documentation and the potential consequences of delay.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-080, filed 6/11/18, effective 6/11/18. Statutory Authority: RCW 81.104.115. WSR 08-15-078, § 468-550-080, filed 7/15/08, effective 8/15/08. Statutory Authority: RCW 81.104.115(5). WSR 02-13-004, § 468-550-080, filed 6/6/02, effective 7/7/02. Statutory Authority: 1999 c 202 § 7. WSR 99-18-059 (Order 193), § 468-550-080, filed 8/30/99, effective 9/30/99.

Wash. Admin. Code § 468-550-090 Suspension of service, modification of service, or the removal of equipment due to failure to mitigate to hazardous conditions.

When a known unacceptable hazardous condition is not mitigated to an acceptable level by RFGPTS owners or operators, the department may require the suspension or modification of service or the suspended use or removal of equipment. The department may impose sanctions per WAC 468-550-080 upon owners or operators of RFGPTS for failure to meet deadlines of submissions of required reports and audits.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-090, filed 6/11/18, effective 6/11/18. Statutory Authority: RCW 81.104.115. WSR 08-15-078, § 468-550-090, filed 7/15/08, effective 8/15/08.

Wash. Admin. Code § 468-550-100 Safety program annual report.

(1) Per the requirements of the Washington state rail safety oversight program standard, the RFGPTS will prepare and submit to the department a safety program annual report which summarizes the agency's safety program activities during the most recent calendar year, including a summary of accidents, incidents, hazards, and internal safety program audits.

(2) The annual safety program annual report must be submitted to the department on or before February 15th of each year.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-100, filed 6/11/18, effective 6/11/18.

Wash. Admin. Code § 468-550-110 Special provisions for rail fixed guideway public transportation systems crossing state lines and operating in both Washington and a bordering state.

(1) When a RFGPTS crosses state lines and is operating in Washington and a bordering state, the department will comply with the requirements set forth in 49 C.F.R. Part 674.15 for the designation of an oversight agency for a multistate system. The department will coordinate with the neighboring state SSOA and either ensure that both Washington's SSOA and the bordering state's SSOA are implementing uniform safety standards and requirements upon the RFGPTS (674.15a) or that a single SSOA is designated as the SSOA (674.15b).

(2) Where a bordering state agency is serving as the single entity SSOA, the bordering state's program standard and other safety standards and procedures will be used for oversight of the RFGPTS, unless otherwise stated through agreement or law. The Washington state rail safety oversight program standard will continue to apply to all other RFGPTS within Washington not subject to the special provisions of this section.

(3) An agreement will be established with the bordering state to set coordination of oversight duties and reporting for the RFGPTS subject to the program standard of a bordering state. The agreement must address the allocation of costs between the two states.

History

Statutory Authority: RCW 81.104.115, 49 U.S.C. § 5329 and 49 C.F.R. Part 674. WSR 18-13-031, § 468-550-110, filed 6/11/18, effective 6/11/18.

Chapter 468-600 Transportation innovative partnership program.

Wash. Admin. Code § 468-600-010 Intent.

The Transportation Innovative Partnership Act was created to encourage the innovative delivery and funding of important transportation-related projects and services by leveraging resources more readily available in the private sector.

The legislature has articulated the policy goals and objectives of the act, found in chapter 47.29 RCW. These rules are intended to prescribe the processes that will be used to implement a successful transportation innovative partnership program in the state of Washington.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-010, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-015 Definitions.

As used in these rules:

(1) "Commission" means the Washington state transportation commission;

(2) "Competing proposal" means a written submission to the department that a proposer submits in response to a notice issued by the department under WAC 468-600-320;

(3) "Department" means the Washington state department of transportation;

(4) "Eligible project" as defined in RCW 47.29.050 includes:

(a) Transportation projects, whether capital or operating, where the state's primary purpose for the project is to facilitate the safe transport of people or goods via any mode of travel. However, this does not include projects that are primarily for recreational purposes, such as parks, hiking trails, off-road vehicle trails, etc.; and

(b) Facilities, structures, operations, properties, vehicles, vessels, or the like that are developed concurrently with an eligible transportation project and that are capable of providing revenues to support financing of an eligible transportation project, or that are public projects that advance public purposes unrelated to transportation;

(5) "Eligible public works project" means only a project that meets the criteria of either RCW 47.29.060 (3) or (4);

(6) "Governor" means the governor of the state of Washington;

(7) "Key persons" means individuals or personnel employed by or affiliated with a proposer or team of proposers, and who, because of that person's responsibilities and participation in a proposed project, the department has formally designated as key to the proposer's ability to successfully develop or deliver the project;

(8) "Major partner" means, with respect to a limited liability company or joint venture, each firm, business organization or person that has an ownership interest therein in excess of five percent, unless the department has provided an alternate definition that applies only to a specific project or series of projects;

(9) "Major subcontractor" means any subcontractor designated in the proposal to perform ten percent or more of the scope of work for a proposed project, unless the department has provided an alternate definition that applies only to a specific project or series of projects;

(10) "Private sector partner" and "private partner" means a person, entity or organization that is not the federal government, a state, or a political subdivision of the state and that proposes to enter into an agreement with the state to participate in any or all portions of the design, development, construction, improvement, expansion, extension, delivery, operation, maintenance or financing of a project eligible under the act;

(11) "Proposal" means a written submission to the department satisfying the requirements of WAC 468-600-240 or 468-600-250;

(12) "Proposer" means a person, business entity, a consortium of business entities or a public sector entity that submit a proposal for review and evaluation under these rules, whether the proposal was solicited or unsolicited by the department;

(13) "Public facility" means a building, structure, vehicle, vessel or the like where ownership is retained by the public sector and where the facility is available for use by the general public. This does not include any facilities that are owned by the private sector;

(14) "Public funds" means all moneys derived from a public imposition of taxes, fees, charges and tolls, including those imposed by a private entity for the privilege to use a publicly owned facility;

(15) "Public-private partnership" and "PPP" mean a nontraditional arrangement between the department and one or more public or private entities for the implementation of an eligible project as defined in subsection (12) of this section;

(16) "Public project" means a project that is owned by the state or any of its political subdivisions;

(17) "Secretary" means the secretary of the Washington state department of transportation;

(18) "State" means the government of the state of Washington, including all agencies, organizations, boards, commissions, elected or appointed officials, who are empowered to act on behalf of the state of Washington;

(19) "Transportation Innovative Partnership Act" and "act" means the law enacted and codified in chapter 47.29 RCW, and any amendments thereto;

(20) "Transportation innovative partnership program" and "TIPP" means that portion of the department of transportation responsible for implementing and carrying out the duties prescribed in chapter 47.29 RCW, these rules, and under the powers conferred upon the department to implement the executive branch functions of state government;

(21) "WSDOT" means the Washington state department of transportation.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-015, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-030 Conflict of interest.

(1) When submitting a proposal, the proposer's representative must certify that he or she is unaware of any information that might be pertinent in determining whether an organizational conflict of interest exists. If the proposer is aware of information that might be pertinent to this issue, the proposer must provide, as an exception to the certification, a disclosure statement fully describing this information in a form approved by the commission as part of its proposal. For purposes of this section, "organizational conflict of interest" means that because of other activities or relationships with other persons, a proposer, a principal officer of a proposer, or a prime contractor who is proposed to perform construction or design work on an eligible project, is unable or potentially unable to render impartial assistance or advice to the state; or the person's objectivity in performing the proposed contract work is or might be otherwise impaired; or a person has an unfair competitive advantage.

(2) After review and approval by the commission, the department shall publish and make available conflict of interest guidelines and policies that encompass the standards of conduct required by federal and state law, and as further required in these administrative rules. The conflict of interest guidelines and policies may be modified as necessary to meet the particular objectives of individual projects, whether those projects emanate from solicited or unsolicited proposals.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-030, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-035 Proposer conduct.

(1) Proposers are prohibited from influencing or attempting to influence the evaluation of, or the decision to select a specific project proposal that has been submitted, or may be submitted under these rules, except as specifically allowed under these rules or as specifically allowed by the state in any RFP document. This includes, but is not limited to, attempts to influence officers or employees of the state or elected or appointed officials of the local, state or federal level of government.

(2) For those activities not prohibited by subsection (1) of this section, but which attempt to influence decision making in any legislative branch, proposers must fully disclose all lobbying activities undertaken by any of its contractors, officers, employees or agents that are subject to public disclosure under chapter 42.17 RCW or federal law. For lobbying activities subject to chapter 42.17 RCW, copies of all required disclosure forms for the previous two years' reporting cycles must be submitted.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-035, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-038 Conflict of interest by state officials—Appearance of fairness.

(1) Any person elected, appointed or employed by the state, who has a conflict of interest or potential conflict of interest, must disclose such actual or potential conflict of interest and abstain from consideration, discussion, debate, and decision making concerning any project proposal submitted under these rules.

(2) During the pendency of any solicitation, negotiation or selection of a proposal, no member of the commission may engage in ex parte communications with proponents or opponents with respect to the proposal, unless that person:

(a) Places on the record the substance of any written or oral ex parte communications concerning the decision of action; and

(b) Provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each meeting where action is considered or taken on the subject to which the communication related. This prohibition does not preclude a member of the commission from seeking in a public meeting specific information or data from such parties relative to the decision if both the request and the results are a part of the public record.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-038, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-040 Release of rights and indemnification of state.

By submitting a proposal, a proposer thereby waives and relinquishes any claim, right, or expectation to occupy, use, profit from, or otherwise exercise any prerogative with respect to any route, corridor, rights of way, public property or public facility identified in the proposal as being necessary for or part of the proposed project. A proposer may not obtain any claim, right or expectation to use any such route, corridor, rights of way, public property or public facility by virtue of having submitted a proposal that proposes to use it or otherwise involves or affects it.

By submitting such a proposal, a proposer thereby waives and relinquishes any right, claim, copyright, proprietary interest or other right in any proposed location, site, route, corridor, rights of way, alignment, or transportation mode or configuration identified in the proposal as being involved in or related to the proposed project, and proposer agrees to indemnify and hold the state harmless against any such claim made by any of its contractors, subcontractors, agents, employees and assigns.

The waiver and release of rights in this section do not apply to a proposer's rights in any documents, designs and other information and records that constitute "sensitive business, commercial or financial information" as that term is defined and used in WAC 468-600-605.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-040, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-100 Department to establish programmatic approach to solicitation of TIP projects.

(1) The department shall establish a programmatic approach, or plan, for the selection and solicitation of TIP projects. The plan will include maintaining a registry of projects eligible for development under a competitive solicitation process. The projects must meet all eligibility requirements of WAC 468-600-015(4). The projects should be reasonably described, including the status of any preliminary development or construction, and any public or private funds committed for any phase of the project, whether expended, appropriated, earmarked or otherwise identified as available for use.

(2) The department shall periodically update the information in the registry, and shall review and consider additions or deletions to the registry at least every two years. When considering additional projects for the registry, or removal of the projects on the registry, the department must publish a request for information that seeks comments and suggestions from the public and private sectors.

(3) At least once every two years, the department must develop a plan for conducting a solicitation of proposals under the TIP program. The purpose of this plan is to:

(a) Encourage sound programming and budgeting practices, which are the basis for submittals required under chapter 43.88 RCW;

(b) Ensure that the department does not issue a request for proposals that exceeds the resources available to properly evaluate, select and enter into development agreements;

(c) Ensure that development of projects under the TIP program would not run contrary to any legislatively enacted direction or express executive policies or directions; and

(d) Provide potential proposers an anticipated schedule for the solicitation and development of certain projects on the registry.

In selecting projects for competitive solicitation, the department should endeavor to follow the published plan for soliciting proposals for projects on the registry. However, the department is not required to solicit only those projects contained on the registry, nor is it required to conduct a solicitation for a predetermined number of projects each year or biennium, nor is it required to undertake projects in the exact order of consideration as published in the Register.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-100, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-102 Selection of projects for solicitation.

The department may select projects for development that it believes would benefit from the formation of a public-private partnership under the TIP program, and present a draft request for proposals for the selected project or projects to the commission for review and approval to proceed with a solicitation. In making its recommendation of projects for solicitation, the department should seek those that offer the greatest potential to accelerate cost-effective delivery of the project, promote innovative approaches to delivering the project, provide a means of financing for the project that might not otherwise be readily available under a traditional project delivery process, or otherwise meet the policy goals established in RCW 47.29.040. Before approving any projects proposed for solicitation, the commission must ensure that the projects are included in the Washington transportation plan or otherwise identified by the commission as being a priority need for the state.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-102, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-103 Alternative process for soliciting projects authorized.

When the department in its sole discretion deems it appropriate to do so given the nature of the proposal, the department may specify requirements for proposal content, and for criteria and procedures under which the proposals will be evaluated and selected, that are in addition to or in lieu of those provided for in WAC 468-600-105 through 468-600-110 and 468-600-300 through 468-600-350. Any alternative process or processes so specified must comply with the requirements of RCW 47.29.010 through 47.29.290. Examples of possible alternative processes include:

(1) Issuing a request for qualifications, where proposers are ranked and selected based on the qualifications of the major partners, major subcontractors and key persons, which would result in a predevelopment agreement being entered into that authorizes the proposer to fully develop a detailed proposal that would be evaluated pursuant to WAC 468-600-350;

(2) Issuing a request for proposals that invites the private sector to make proposals to develop eligible projects that are contained in the department's registry of projects under WAC 468-600-100.

These examples are offered for illustrative purposes only, and should not be construed to limit the scope of the state's discretion or authority to develop proposal and evaluation criteria and processes for any project as long as those criteria and processes comply with the requirements of RCW 47.29.010 et seq.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-103, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-105 Issuance of requests for proposals.

The department shall draft and issue requests for proposals at the direction or on behalf of the commission pursuant to WAC 468-600-102. When drafting requests for proposals (RFP), the department must specify requirements for proposal content, and may identify criteria and procedures under which proposals will be evaluated and selected. If the commission approves the projects and the RFP proposed for solicitation, the department shall issue the RFP and publish notice as provided in WAC 468-600-106. The department may set the deadline for responses as it sees fit to encourage full knowledge, opportunity and competition among private entities. At a minimum, the request for proposals for each transportation project must include the following:

(1) General information.

(a) Notice of any preproposal conference as follows:

(i) The time, date and location of any preproposal conference;

(ii) Whether attendance at the conference will be mandatory or voluntary; and

(iii) A disclaimer that statements made by the department's representatives at the conference are not binding upon the state unless confirmed by written addendum.

(b) The name and title of the person authorized and designated by the department to receive the proposals and contact person (if different).

(c) Instructions and information concerning submission requirements including the address of the office to which proposals must be delivered and any other special information, e.g., whether proposals may be submitted by facsimile or electronic data interchange (secured email).

(d) The time and date of closing after which the department will not accept proposals.

(e) The form and submission of proposals and any information required therein.

(f) If the agreement resulting from a solicitation will be a contract for a public work subject to chapter 39.12 RCW or the Davis-Bacon Act (40 U.S.C. section 3141 to 3148), a statement that no proposals will be considered by the state unless the proposal contains a statement by the proposer, as part of its proposal, that proposer agrees to be bound by and will comply with the provisions of chapter 39.12 RCW and 40 U.S.C. section 3141 to 3148.

(g) Contractor's certification of nondiscrimination in obtaining required subcontractors in accordance with state law.

(h) How the state will notify proposers of addenda and how the state will make addenda available.

(2) Project description. A description of the eligible project for which the department is requesting proposals for a public-private partnership in such detail as the department considers appropriate or feasible under the circumstance.

(3) Evaluation process. A description of the process by which the proposals will be evaluated, including:

(a) A statement that the commission and/or department may reject any proposal not in compliance with all prescribed procedures and requirements and other applicable laws, and that the state reserves its rights under WAC 468-600-810;

(b) The anticipated solicitation schedule, deadlines, protest process, and evaluation process, if any; and

(c) Evaluation criteria that the state will use to select a proposal(s) from among those submitted in response to the request for proposals.

(4) Desired contract terms. The department shall provide an outline or draft term sheet of those contract terms and conditions, including warranties and bonding requirements, that the department considers necessary.

(5) Federal funds. If federal funds are involved, the federal laws, rules and regulations applicable to the fund requirements shall govern in the event they conflict with a provision required by state law.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-105, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-110 Public notice of solicitation.

(1) Notice and distribution fee. The commission, or the department acting on behalf of the commission, shall furnish notice to a sufficient number of entities for the purpose of fostering and promoting competition. The notice shall indicate where, when, how, and for how long the solicitation document may be obtained and generally describe the work. The notice may contain any other appropriate information. The department may charge a fee or require a deposit for the solicitation document. The department may furnish notice using any method determined to foster and promote competition, including:

(a) Mail notice of the availability of solicitation documents ("notice") to entities that have expressed an interest in department procurements;

(b) Place notice on the state of Washington's electronic procurement system; or

(2) Method of publication. The department shall furnish notice for every solicitation for proposals by any method that meets the requirements of law, including:

(a) Mail notice of the availability of solicitation documents ("notice") to entities that have expressed an interest in department procurements;

(b) Place notice on the state of Washington's electronic procurement system;

(d) Advertising - the department shall publish the advertisement for proposals at least once in at least one newspaper of general circulation in the area where the contract is to be performed, in at least one trade newspaper or publication of general statewide circulation and in as many additional issues and publications as the department may determine to be necessary or desirable to foster and promote competition.

(3) Publication contents. All advertisements for proposals shall set forth:

(a) The scheduled closing, that shall not be less than five days after the date of the last publication of the advertisement;

(b) The date that entities must file applications for prequalification if prequalification is a requirement and the class or classes of work for which entities must be prequalified;

(d) The office where any documents related to the solicitation may be reviewed;

(e) The name, title and address of the department employee authorized to receive proposals; and

(f) If applicable, that the contract is for a public work subject to chapter 39.12 RCW or the Davis-Bacon Act (40 U.S.C. sections 3141 to 3148).

(4) Posting advertisement for proposals. The department shall post a copy of each advertisement for proposals at the principal business office of the department. A proposer may obtain a copy of the advertisement for proposals upon request from the transportation innovative partnership program office, or on the internet at www.wsdot.wa.gov.

(5) Notice to state office of minority and women's business enterprises (OMWBE). The department shall provide timely notice of all solicitations to the state office of minority and women's business enterprises.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-110, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-200 Authority for the state to accept unsolicited proposals—Moratorium.

The commission may not accept or consider any unsolicited proposals before July 1, 2007.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-200, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-210 Projects eligible for unsolicited proposals.

Projects that are the subject of an unsolicited proposal must meet the following minimum criteria:

(1) The project must meet the definition of an "eligible project" under WAC 468-600-015(4);

(2) The project must not be listed in the registry of projects intended for a competitive solicitation, under WAC 468-600-100;

(3) The project must be included in the Washington transportation plan or otherwise identified by the commission as being a priority need of the state.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-210, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-215 Department's management of unsolicited proposals.

(1) The department may, at any time, select any class, category or description of proposal or an eligible project, including any individual proposal or project, for the purpose of giving priority to the processing and consideration of unsolicited proposals by issuing a written order that declares that the department will give priority to the processing and consideration of unsolicited proposals for certain types of projects (or to a particular proposal), and describes the class or character of the proposals or projects (or the particular proposal or project) that are given priority. The priority order may either specify the term of the priority order, identify the submitted proposals (or proposal) that are subject to the priority order, or provide that the priority order will continue in effect until recalled by a subsequent order of the department.

(2) Commencing on the effective date of the order giving priority, the department may undertake expedited processing and consideration of unsolicited proposals (or a particular unsolicited proposal) for transportation projects of the class, category or description contained in the order. The limited resources of the department, in such cases, will require either the postponement of, or delay in, the processing and consideration of unsolicited proposals for projects that are not within a class, category or description that is subject to a priority order.

(3) By submitting an unsolicited proposal, each proposer thereby waives and relinquishes every claim of right, entitlement or expectation that:

(a) Its proposal will enjoy the benefit of a priority order; and

(b) The processing and consideration of its proposal will not be subject to postponement or delay arising out of the department's issuance of an order that gives priority to another proposal or to proposals for different classes, categories or descriptions of projects.

(4) The department may, by written order, suspend the acceptance and consideration of proposals based on the types, classes, cost ranges, geographic areas of projects, or other factors as determined by the department. The order will specify either the term of the suspension or that the suspension will continue until recalled by a subsequent order of the department.

(5) Commencing on the effective date of the suspension order, the department will refuse to accept unsolicited proposals or unsolicited proposals for projects of the class, category or description contained in the order, and may, as stated in the order, cease further processing and consideration of any such unsolicited proposals then currently under consideration by the department.

(6) By submitting an unsolicited proposal, each proposer thereby waives and relinquishes every claim of right, entitlement or expectation that the processing and consideration of its proposal will not be subject to suspension under this rule.

(7) The state of Washington, the department of transportation, the Washington transportation commission, and their officers and employees, shall have no responsibility or liability of any nature for the preservation, confidentiality or safekeeping of any proposal that is subject to a suspension order under this rule and is submitted to the department while that suspension order is in effect.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-215, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-220 Submission of unsolicited conceptual proposals.

(1) Subject to WAC 468-600-210 through 468-600-215, any private entity or unit of government may submit an unsolicited conceptual proposal for a project to the department for consideration under the transportation innovative partnership program.

(2) A proposal review fee in the amount prescribed by WAC 468-600-230 must accompany any unsolicited conceptual proposal submitted by a private entity or unit of government.

(3) The proposer shall submit twenty copies, individually identified, of any unsolicited conceptual proposal in addition to the proposal bearing the signature of the authorized representative. The original proposal, required copies and processing fee shall be delivered to the department.

(4) The department will consider an unsolicited conceptual proposal only if:

(a) The proposed project is unique or innovative in comparison with, and is not substantially duplicative of, other transportation system projects included in the state transportation improvement program within the department or, if it is similar to a project in the state transportation improvement program, the proposed project has not been fully funded by the state or any other public entity as of the date the proposal is submitted, or the proposal offers an opportunity to materially advance or accelerate the implementation of the project. Unique or innovative features that may be considered by the department in evaluating such a proposal may include but are not limited to unique or innovative financing, construction, design, schedule or other project components as compared with other projects or as otherwise defined by state rules or regulations; and

(b) The conceptual phase includes all information required by and is presented in the format set out in WAC 468-600-240. Such information shall include a list of any proprietary information included in the proposal that the proposer considers protected trade secrets or other information exempted from disclosure under either WAC 468-600-605 or RCW 47.29.190.

(5) The department will not consider an unsolicited proposal for a project involving another state or local government unit of another state unless the department and the appropriate representative of the other state or of the local government unit of the other state have entered into an agreement that permits the acceptance of unsolicited proposals for such a project.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-220, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-230 Fees to accompany unsolicited proposals.

(Reserved.)

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-230, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-232 Alternative process authorized.

When the commission in its sole discretion deems it appropriate to do so given the nature of the proposal, the commission may specify requirements for proposal content, and for criteria and procedures under which the proposals will be evaluated and selected, that are in addition to or in lieu of those provided for in WAC 468-600-240 through 468-600-370. Any alternative process or processes so specified must comply with the requirements of RCW 47.29.010 through 47.29.290. Examples of possible alternative processes include:

(1) Selecting a proposal for development into a final agreement based on a unitary proposal instead of a two-step conceptual/detailed proposal process; and

(2) Proposers are ranked and selected based on the qualifications of the major partners, major subcontractors and key persons, which would result in a predevelopment agreement being entered into that authorizes the proposer to fully develop a detailed proposal that would be evaluated pursuant to WAC 468-600-350.

(3) Nothing in this section, nor in these WAC rules, shall be construed to allow proposer conduct or participation in a project that would be prohibited under the Federal Highway Administration's Conflict of Interest Guidelines.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-232, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-240 Contents and format of conceptual proposals.

Pursuant to RCW 47.29.170, unsolicited proposals are subject to a two-step process. The first step is to submit the conceptual proposal. If the concept is approved, the commission or department may ask for further information in the form of a fully detailed proposal, which constitutes the second step. An unsolicited or competing conceptual proposal shall include at least the following information, unless waived by the department, separated by tabs as herein described:

(1) TAB 1: Qualifications and experience.

(a) Identify the legal structure of the private entity or consortium of private entities or of private and public entities (the "team") submitting the proposal. Identify the organizational structure of the team for the project, the team's management approach and how each major partner and major subcontractor identified as being a part of the team as of the date of submission of the proposal fits into the overall team.

(b) Describe the experience of each private entity involved in the proposed project. Describe the length of time in business, business experience, public sector transportation experience, PPP experience, development experience, design-build experience and other similarly sized engagements of each major partner and major subcontractor. The lead entity must be identified.

(c) Provide the names, addresses and telephone numbers of persons within the team who may be contacted for further information.

(d) Include the address, telephone number, and the name of a specific contact person at a public entity for which the private entity or the team or the primary members of the team have completed a development project, public-private partnership project or design-build project.

(e) Include the resumes for those managerial persons within the team that will likely be associated in a significant way with the project development and implementation.

(f) Provide financial information regarding the private entity or team and each major partner that includes, if available, the most recent independently audited financial statement of the private entity or team and of each major partner, and which demonstrates their ability to perform the work and project as set forth in the proposal, including ability to obtain appropriate payment and performance bonds.

(g) Submit executed disclosure forms, prescribed by the department, for the team, each major partner and any major subcontractor.

(2) TAB 2: Project characteristics.

(a) Provide a topographical map (1:2,000 or other appropriate scale) depicting the location of the proposed project.

(b) Provide a description of the eligible project or projects, including all proposed interconnections with other existing transportation facilities or known publicly identified projects.

(c) Describe the project in sufficient detail so the type and intent of the project, the general location of the project, and the communities that may be affected by the project are clearly identified. Describe the assumptions used in developing the project.

(d) List the critical factors for the project's success.

(e) If the proposed project does not conform with the state and regional transportation plans or regional plans, outline the proposer's approach for securing the project's conformity with, or indicate the steps required for, acceptance into such plans.

(f) When a proposed project is sited, in whole or in part, within the jurisdiction of a metropolitan planning organization or area commission on transportation, identify applicable regional and local approvals required for the project.

(g) Provide an explanation of how the proposed transportation project would impact local transportation plans of each affected locality.

(h) Provide a list of public transportation facilities and major apparent public utility facilities that will be crossed or affected by the transportation project and a statement of the proposer's plans to accommodate such facilities.

(i) Describe the role the proposer anticipates the department will have in the development, construction, operation, maintenance, financing, or any other aspect of the eligible project.

(3) TAB 3: Project financing.

(a) Provide a projected budget for the project or scope of work based on proposer's prior experience on other scopes of work and projects or other cost projection factors and information.

(b) Include a list and discussion of assumptions (e.g., user fees, toll rates and usage of the facility) underlying all major elements of the plan for the project.

(c) Identify the proposed risk factors relating to the proposed project financing and methods for dealing with these factors.

(d) Identify any significant local, state or federal resources that the proposer contemplates requesting for the project. Describe the total commitment (financial, services, property, etc.), if any, expected from governmental sources; the timing of any anticipated commitment; and its impact on project delivery.

(e) Identify any aspect of the financial model for the project that implicates or potentially implicates restrictions on the use of highway-related revenues under Article II, section 40 of the Washington Constitution (commonly known as the Motor Vehicle Trust Fund), and explain how the financial model avoids conflicting with those restrictions.

(f) Provide a conceptual estimate of the total cost of the transportation project.

(4) TAB 4: Public support/project benefit/compatibility.

(a) Identify who will benefit from the project, how they will benefit and how the project will benefit the overall transportation system.

(b) Identify any anticipated government support or opposition, or general public support or opposition, for the project.

(c) Explain the strategy and plans that will be carried out to involve and inform the agencies and the public in areas affected by the project.

(d) Describe the significant social and economic benefits of the project to the community, region or state and identify who will benefit from the project and how they will benefit. Identify any state benefits resulting from the project including the achievement of state transportation policies or other state goals.

(5) All pages of a conceptual proposal shall be numbered. Each copy of the proposal will be bound or otherwise contained in a single volume where practicable. All documentation submitted with the proposal will be contained in that single volume.

(6) A conceptual proposal submitted by a private sector partner must be signed by an authorized representative of the private sector partner submitting the unsolicited conceptual proposal.

(7) The proposer shall include a list of any proprietary information included in the proposal which the proposer considers protected trade secrets or other information exempted from disclosure under WAC 468-600-605.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-240, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-250 Contents and format of detailed proposals.

If the preliminary conceptual proposal is accepted, the commission or the department may request a detailed proposal. A detailed proposal shall include all information required in the conceptual proposal under WAC 468-600-240, with additional discussion, description and details, and with updates and refinements as necessary to keep the document most current. In addition, the following information must be included, unless waived by the department:

(1) TAB 2: Project characteristics.

(a) Provide a detailed description of the eligible project or projects, including all proposed interconnections with other existing transportation facilities or known publicly identified projects. Describe the project in sufficient detail so the type and intent of the project, the general location of the project, and the communities that may be affected by the project are clearly identified. Describe the assumptions used in developing the project.

(b) Identify any significant local, state or federal services or practical assistance that the proposer contemplates requesting for the project. In particular, identify and describe any significant services that will need to be performed by the department such as right of way acquisition or operation and maintenance of the completed project.

(c) Include a preliminary list of all significant federal, state, regional and local permits and approvals required for the project. Identify which, if any, permits or approvals are planned to be obtained by the department.

(d) List the critical factors for the project's success.

(e) Identify the proposed preliminary schedule for implementation of the project.

(f) Describe the assumptions related to ownership, law enforcement and operation of the project and any facility that is part of the project.

(g) Describe the payment and performance bonds, guarantees, letters of credit and other performance security, if any, that the proposer will provide for the project.

(h) Identify any public improvements that will be part of the proposed project that will constitute "public works" under RCW 47.29.020(5), the workers on which must be paid in accordance with Washington's prevailing rate of wage law, chapter 39.12 RCW, and any public improvements the workers on which must be paid in accordance with the federal Davis-Bacon Act, 40 U.S.C. sections 3141 to 3148.

(2) TAB 3: Project financing.

(a) Identify the form and amount of any private capital contribution and the entities that will make such capital contributions. If other forms of contribution are proposed, describe the nature of the contributions, the fair market value (if applicable), and whether compensation for such contributions will be sought.

(b) If the proposal would provide for a state-granted franchise to a private concessionaire in exchange for financial consideration, provide the proposer's financial model and all capital costs, operating and maintenance costs (including reconstruction, resurfacing, restoration, and rehabilitation costs), revenues and other data and assumptions that comprise the base case financial model.

(c) Provide an explanation of how funds for the project will be segregated, accounted for and expended in a manner that ensures that any moneys protected under Article II, section 40 of the Washington Constitution be expended exclusively for the purposes authorized under that provision.

(d) Identify, to the extent possible, proposed financing team members, including banks, investment banks, equity investors, credit enhancement providers, bond trustees and legal counsel to the same.

(3) TAB 5: Special deliverables.

(a) Provide a statement setting out the plan for securing all necessary real property, including proposed timeline for any necessary acquisitions.

(b) Provide proposed design, construction and completion guarantees and warranties.

(c) Include traffic studies and/or forecasts and related materials that establish project revenue assumptions, including, if any, user fees or toll rates, and usage of the facility.

(d) Provide such additional material and information as the department may reasonably request.

(4) All pages of a proposal shall be numbered. Each copy of the proposal shall be bound or otherwise contained in a single volume where practicable. All documentation submitted with the proposal will be contained in that single volume.

(5) A proposal submitted by a private sector partner must be signed by an authorized representative of the private sector partner submitting the proposal.

(6) The proposer shall clearly mark any proprietary information included in the proposal which the proposer considers protected trade secrets or other information exempted from disclosure under RCW 47.29.190 and WAC 468-600-605. Any individual page containing material that the proposer considers proprietary must be stamped "proprietary."

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-250, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-300 Additional disclosure requirements for proposers of solicited and unsolicited proposals.

(1) In addition to the disclosure requirements of WAC 468-600-600, the department may impose, after the submission of a proposal, any other special disclosure requirements the department determines to be reasonably necessary to evaluate the expertise, experience, financial backing, integrity, ownership and control of any proposer.

(2) All proposers must provide all the information required by this rule and by the department. All proposers and key persons must complete and submit the required disclosure form within the deadlines set by the department. All proposers and key persons must provide any documents required in the disclosure process, or other documents as determined by the department, or their proposals may be rejected by the department.

(3) The department may reject, or require the supplementation of, a proposal if the proposer has not provided all information required in the disclosure form or if any information provided is not accurate, current or truthful. The failure or refusal of any proposer to properly execute, fully complete, or accurately report any information required by the required disclosure shall be sufficient grounds for rejection of the proposal.

(4) Any change in the status of the proposer, in the identity of any of the key persons, or the addition of any key persons must be reported to the department within thirty days of the known change, and those whose status has changed or who have been added as key persons will be required to submit the required disclosure information. For purposes of this section, a "change in the status of a proposer" means a reorganization of the business structure or corporate structure of the proposer or a major partner, or a change in ownership of the proposer or a major partner amounting to a transfer of over twenty percent of the entity's ownership.

(5) The burden of satisfying the department's disclosure requirements, both in terms of producing the disclosures and assuring their accuracy and completeness, resides with each proposer.

(6) Each proposer, by submitting a proposal, thereby accepts all risk of adverse public notice, damages, financial loss, criticism, harm to reputation or embarrassment that may result from any disclosure or publication of any material or information required or requested by the state in connection with the proposer's submission of a proposal. In submitting a proposal, the proposer expressly waives, on behalf of itself, its partners, joint venturers, officers, employees and agents, any claim against the secretary, the state of Washington, the commission, the department and their officers and employees, for any damages that may arise therefrom.

(7) A public entity that submits a proposal may, prior to submission, request the department to waive the disclosure requirements of this rule with respect to the corporate public entity and its officers. However, if the public entity proposes to enter into or establish a partnership or joint venture with a private sector partner to perform any substantial portion of the proposed project (as opposed to the engagement of only a prime contractor or subcontractors), then disclosure of the private party must be made as if the private party is a proposer, in accordance with this rule.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-300, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-305 Appointment of evaluation panel.

The commission shall appoint and direct an evaluation panel to commence a review and evaluation process as directed in this section. At a minimum, the evaluation panel must consist of:

(1) Department staff;

(2) An independent representative of a consulting or contracting firm with no interests in the project, whose firm would be precluded from participating in any part of the project;

(3) An observer from the state auditor's office or the joint legislative audit and review committee;

(4) A person appointed by the commission; and

(5) A financial expert.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-305, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-310 Preliminary review of proposals.

(1) For solicited proposals, after the close of the proposal period, the department will conduct a preliminary review and certify receipt of those submitted proposals that have met the following criteria:

(a) The proposal is complete;

(b) The proposal is responsive; and

Solicited proposals certified by the department under this subsection will be forwarded to the evaluation panel under WAC 468-600-305.

(2) Unsolicited conceptual proposals submitted under WAC 468-600-220 will be reviewed by the evaluation panel, as created and assembled under WAC 468-600-305. The evaluation panel will initially determine whether the conceptual proposal is eligible for evaluation pursuant to WAC 468-600-200 (State's authority to accept unsolicited proposals—Moratorium); WAC 468-600-210 (Projects eligible for unsolicited proposals) and WAC 468-600-215 (Department's management of unsolicited proposals). If not, the evaluation panel will not proceed further with its evaluation and the department may return the proposal to the proposer. If the conceptual proposal is eligible for evaluation, the evaluation panel will assess:

(a) Whether the proposal is complete;

(b) Whether the proposer appears qualified;

(d) Whether the project as proposed appears to be technically and financially feasible;

(e) Whether the project as proposed appears to have the potential of enhancing the state transportation system; and

(f) Whether the project as proposed appears to be in the public interest.

(3) The evaluation panel will report the results of its evaluation and its recommendation to the commission. The recommendation will not include sensitive business, commercial or financial information or trade secrets as described in WAC 468-600-605.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-310, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-315 Commission review of unsolicited conceptual proposals.

Following an assessment by the evaluation panel that an unsolicited conceptual proposal merits further review, the commission will review the recommendation and approve or disapprove the proposal for further evaluation and action by the state. If approved for further review, the commission shall direct the proposer to prepare a detailed proposal pursuant to WAC 468-600-250.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-315, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-320 Competing proposals.

(1) If the commission grants approval of a conceptual proposal for further evaluation and review, within thirty days of the commission's approval the department shall provide public notice of the proposed project. This notice shall:

(a) Be published in a newspaper of general circulation and upon such electronic website providing for general public access as the department may develop for such purpose;

(b) Be provided to any county, city, metropolitan service district, or transportation district in which the project will be located;

(c) Be provided to any person or entity that expresses in writing to the department an interest in the subject matter of the unsolicited conceptual proposal and to any member of the legislature whose house or senate district would be affected by such proposal;

(d) Outline the general nature and scope of the unsolicited conceptual proposal, including the location of the transportation project and the work to be performed on the project; and

(e) Specify the address to which any competing conceptual proposal must be submitted.

(2) The department may also elect to deliver such notice directly to any person or entity the department believes may have an interest in submitting a competing conceptual proposal.

(3) Any entity that elects to submit a competing conceptual proposal for the proposed project shall submit a written letter of intent to do so not later than thirty calendar days after the department's initial publication of notice. Any letter of intent received by the department after the expiration of the thirty-day period shall not be valid and any competing conceptual proposal submitted thereafter by a private or governmental entity that has not submitted a timely letter of intent shall not be considered by the department.

(4) An entity that has submitted a timely letter of intent must submit its competing conceptual proposal to the department not later than one hundred twenty calendar days after the department's initial publication of notice under subsection (1) of this section, or such other time as the department provides in the notice. The competing conceptual proposal must:

(a) Be signed by an authorized representative of the proposer;

(b) Be accompanied by the processing fee for conceptual proposals required under WAC 468-600-230; and

(c) Include the information and be organized in the manner required of an unsolicited conceptual proposal under WAC 468-600-240.

(5) Any competing conceptual proposal that is received within the time provided in subsection (4) of this section must be forwarded to the evaluation panel as provided in WAC 468-600-310. The panel must:

(a) Evaluate the competing conceptual proposal under the criteria specified in WAC 468-600-310; and

(b) Determine whether the competing proposal(s) differ from the original unsolicited conceptual proposal in such a significant and meaningful manner that they should be treated as an original unsolicited conceptual proposal. If the evaluation panel believes that a proposal submitted as a competing proposal should be treated as an original unsolicited conceptual proposal and that it satisfies the requirements of WAC 468-600-240, the evaluation panel shall forward the proposal to the commission for preliminary review and approval under WAC 468-600-315, and the proposal shall thereafter be processed under these rules in the same manner as an unsolicited conceptual proposal. If the competing conceptual proposal is not to be treated as an original unsolicited conceptual proposal, the competing conceptual proposal will be reviewed by the evaluation panel as provided in WAC 468-600-330 through 468-600-350.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-320, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-330 Proposal evaluation factors and criteria.

For solicited proposals, the evaluation panel shall assess the certified proposals based on the unique project-specific evaluation criteria identified in the solicitation documents, including any written amendments or clarifications thereto, and upon any other factors the panel believes is necessary to ensure a successful project that benefits the public interest.

For unsolicited and competing proposals, the evaluation panel must consider the following factors:

(1) Qualifications and experience. Has the proposer created a team that is qualified, managed, and structured in a manner that will enable the team to complete the proposed project and perform the proposed scope of work?

(a) Experience with similar infrastructure projects. Have members of this team previously worked together or in a substantially similar consortium or partnership arrangement constructing, improving, operating, maintaining or managing transportation infrastructure? Has the lead firm managed, or any of the member firms worked on, a similar public-private partnership project?

(b) Demonstration of ability to perform work. Does the team possess the necessary financial, staffing, equipment, and technical resources to successfully complete the project and perform the proposed scope of work? Do the team and/or member firms have competing financial or workforce commitments that may inhibit success and follow-through on this project?

(c) Leadership structure. Is one firm designated as lead on the project? Does the organization of the team indicate a well thought out approach to managing the project? Is there an agreement/document in place between members?

(d) Project manager's experience. Is a project manager identified, and does this person work for the principal firm? If not, is there a clear definition of the role and responsibility of the project manager relative to the member firms? Does the project manager have experience leading this type and magnitude of project?

(e) Management approach. Have the primary functions and responsibilities of the management team been identified? Have the members of the team developed an approach to facilitate communication among the project participants? Has the firm adequately described its approach to communicating with and meeting the expectations of the state?

(f) Financial condition. Is the financial information submitted on the forms sufficient to determine the firms' capability to fulfill its obligations described in the project proposal, and is that capability demonstrated by the submitted information?

(g) Project ownership. Does the proposal identify the proposed ownership arrangements for each phase of the project and clearly state assumptions on legal liabilities and responsibilities during each phase of the project?

(h) Competitive subcontracting. To what extent have adequate procurement policies been adopted by the proposer to ensure opportunities for competitive procurement of work, services, materials and supplies that the proposer will subcontract?

(2) Project characteristics. Is the proposed project technically feasible?

(a) Project definition. Is the project described in sufficient detail to determine the type and size of the project, the location, all proposed interconnections with other transportation facilities, the communities that may be affected, and alternatives (e.g., alignments) that may need to be evaluated?

(b) Proposed project schedule. Is the time frame for project completion clearly outlined? Is the proposed schedule reasonable given the scope and complexity of the project?

(c) Quality management. Does the proposer present a quality management plan, including quality control and quality assurance processes, that are good industry practice and are likely to result in delivery of a project and services that meet the department's standards and comply with contract requirements?

(d) Operation. Does the proposer present a reasonable statement setting forth plans for operation of the project or facilities that are included in the project?

(e) Technology. Is the proposal based on proven technology? What is the degree of technical innovation associated with the proposal? Will the knowledge or technology gained from the project benefit other areas of the state or nation? Does the technology proposed maximize interoperability with relevant local and statewide transportation technology? Can the proposed project upgrade relevant local technology?

(f) Conforms to laws, regulations, and standards. Is the proposed project consistent with applicable state and federal statutes and regulations, or reasonably anticipated modifications of state or federal statutes, regulations or standards? Does the proposed design meet applicable state and federal standards?

(g) Federal permits. Is the project outside the purview of federal oversight, or will it require some level of federal involvement due to its location on the National Highway System or Federal Interstate System or because federal permits are required? Does the proposal identify the primary federal permits and agencies that will be involved in review and oversight of the project?

(h) Meets/exceeds environmental standards. Is the proposed project consistent with applicable state and federal environmental statutes and regulations? Does the proposed design meet applicable state environmental standards? Does the proposal adequately address air quality issues?

(i) State and local permits. Does the proposal list the required permits and provide a schedule for obtaining them? Are there known or foreseeable negative impacts arising from the project? If so, does the proposal outline a plan to address those negative impacts? Are alternatives to standards or regulations needed to avoid those impacts that cannot be addressed?

(j) Right of way. Does the proposal set forth a method or plan to secure all property interests required for the transportation project?

(k) Maintenance. Does the proposer have a plan to maintain any facilities that are part of the proposed transportation project in conformance with department standards? Does the proposal clearly define assumptions or responsibilities during the operational phase including law enforcement, toll collection and maintenance? Under the proposal, will maintenance and operation of any new facilities be consistent with standards applied throughout the highway system and use the same work forces and methods?

(3) Project financing. Has the proposer provided a financial plan that allows access to the necessary capital to make a substantial contribution of nonstate, private sector, or other innovative financing resources to the financing of the facility or project?

(a) Financing. Did the proposer demonstrate evidence of its experience, ability and commitment to provide a sufficient private-sector contribution or other innovative financing contribution of funds or resources to the project as well as the ability to obtain the other necessary financing?

(b) Conformance with RCW 47.29.060. Does the proposed financing plan conform to any requirements of state-issued debt under RCW 47.29.060? If the proposed financing plan is not in conformance, has the proposer committed to seeking any necessary legislative or other state approvals in order to proceed with the financing plan as proposed?

(c) Financial plan. Does the financial plan demonstrate a reasonable basis for funding project development and operations? Are the assumptions on which the plan is based well defined and reasonable in nature? Are the plan's risk factors identified and dealt with sufficiently? Are the planned sources of funding and financing realistic? Is the proposer willing to place private capital at risk in order to successfully deliver the project? Does the proposer adequately identify sources of nonstate funding that it anticipates including in the project financing, and does the proposer provide adequate assurance of the availability of those funds and the reliability of the funding sources?

(d) Estimated cost. Is the estimated cost of the project reasonable in relation to the cost of similar projects?

(e) Life-cycle cost analysis. Does the proposal include an appropriately conducted life-cycle cost estimate of the proposed project and/or facility? How does the life-cycle cost impact the projected rate of return?

(f) Financial model. If the procurement is for a concession agreement, does the proposal present a sound base case financial model? Are the assumptions in the financial model reasonable and realistic?

(g) Business objective. Does the proposer clearly articulate its reasons for pursuing this project? Do its assumptions appear reasonable?

(4) Public support. Has the proposer demonstrated sufficient public support for the proposed project or proposed a reasonable plan for garnering that support?

(a) Community benefits. Will this project bring a significant transportation and economic benefit to the community, the region, and/or the state? Are there ancillary benefits to the communities because of the project?

(b) Community support. What is the extent of known support or opposition for the project? Does the project proposal demonstrate an understanding of the national and regional transportation issues and needs, as well as the impacts this project may have on those needs? Is there a demonstrated ability to work with the community? Have affected local jurisdictions expressed support for the project?

(c) Public involvement strategy. What strategies are proposed to involve local and state elected officials in developing this project? What level of community involvement is contemplated for the project? Has the proposer articulated a clear strategy for informing and educating the public and for obtaining community input throughout the development and life of the project?

(5) Project compatibility. Is the proposed project compatible with, or can it be made compatible with state and local comprehensive transportation plans?

(a) Compatibility with the existing transportation system. Does this project propose improvements that are compatible with, or that can be made compatible with, the present and planned transportation system? Does the project provide continuity with existing and planned state and local facilities?

(b) Fulfills policies and goals. Does the proposed project help achieve performance, safety, mobility or transportation demand management goals? Does the project improve connections among the transportation modes?

(c) Conformity with local, regional and state transportation plans. Does the project conform with, or can it achieve conformity with, city and county comprehensive plans and regional transportation plans? Does the project conform with, or can it achieve conformity with, plans developed by the commission and any applicable regional transportation plans or local transportation programs? If not, are the steps proposed in the proposal to achieve conformity with such plans adequate and appropriate to provide a high likelihood that the project and the applicable plans can be brought into conformity?

(d) Economic development. Will the proposed project enhance the state's economic development efforts? Is the project critical to attracting or maintaining competitive industries and businesses to the region, consistent with stated objectives?

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-330, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-331 Factors for proposals that include tolling.

If the project financing component of a proposal includes a plan to impose tolls, the evaluation panel shall specifically consider:

(1) The opinions and interests of units of government encompassing or adjacent to the path of the proposed tollway project in having the tollway installed;

(2) The potential impact of the proposed tollway project on local environmental, aesthetic and economic conditions and on the economy of the state in general;

(3) The extent to which funding other than state funding is available for the proposed tollway project and the extent to which resources other than tolls would be required to be established and/or maintained as necessary security to support such a financing;

(4) The likelihood that the estimated use of the tollway project will provide sufficient revenues to independently finance the costs related to the construction and future maintenance, repair and reconstruction of the tollway project, including the repayment of any loans to be made from moneys in the transportation innovative partnerships account created under RCW 47.29.230 or other accounts;

(5) With respect to tollway projects, any portion of which will be financed with state funds or department loans or grants:

(a) The relative importance of the proposed tollway project compared to other proposed tollways; and

(b) Traffic congestion and economic conditions in the communities that will be affected by competing tollway projects; and

(6) The effects of tollway implementation on other major highways in the state system and on community and local street traffic.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-331, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-340 Proposer presentations.

At any time during the evaluation process, the evaluation panel may request proposers to make presentations to the panel. Proposers shall be afforded not less than ten business days following written notification from the panel to prepare such presentations. The format of these presentations will include a formal presentation by the proposer, followed by any questions the evaluation panel may have pertaining to the project proposal or the presentation. These meetings will allow the evaluation panel to seek clarification of project elements and complete deliverable requirements, and provide proposers with the opportunity to further explain their proposed projects. If there is an issue to which the proposer is unable to respond during the formal presentation, the evaluation panel may, at its discretion, grant the proposer a reasonable period of time in which to submit a written response.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-340, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-345 Required supplements or refinements to proposals.

(1) The department reserves the right to require or to permit proposers to submit, at any time, revisions, clarifications to, or supplements of their previously submitted proposals. The department may, in the exercise of this authority, require proposers to add features, concepts, elements, information or explanations that were not included in their initial proposals, and may require them to delete features, concepts, elements, information or explanations that were included in their initial proposals. A proposer will not be legally bound to accept a request to add to or delete from a proposal any feature, concept, element or information, but its refusal to do so in response to a request by the department shall constitute sufficient grounds for the department to elect to terminate consideration of its proposal.

(2) After the department's opening and review of proposals, the department may issue or electronically post an addendum to the request for proposals that:

(a) Requires proposers to address or add physical features or elements, and information or explanations that were not included in their initial proposals; or

(b) Requires proposers to delete physical features or elements that were included in their initial proposals; or

(c) Change the method by which the department will send any such addendum that it issues by a method other than electronic posting to all proposers to continue in the proposal process; or

(d) Any addendum issued will contain a deadline by which the proposers must submit to the department any additions to, modifications of or deletions from their proposals.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-345, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-350 Evaluation panel recommendation to commission.

(1) After reviewing the proposals and hearing presentations from proposers, the evaluation panel will prepare a written determination, based on facts and circumstances presented in the proposals and the presentations, that one or more proposals merit selection and advancement into a contract negotiation phase or to contract execution. In its written determination regarding any proposal, the evaluation panel may specify conditions that it recommends the proposer be required to satisfy before proceeding to contract negotiations. By way of example, such conditions may include, but are not limited to:

(a) Requiring the proposer to provide additional information or clarification concerning elements or parts of its proposal;

(b) Requiring the proposer to develop and submit additional information confirming the technical feasibility of the proposed project;

(c) Requiring the proposer to develop and submit additional information confirming that the proposed project complies with or can be brought into compliance with relevant local and state transportation plans, restrictions on property use, and environmental laws, or that the project and the applicable plans, restrictions and environmental laws can otherwise be brought into conformity;

(d) Requiring the proposer to commit in writing to the department to undertake good faith efforts to modify or adjust the proposal in specific ways, or to incorporate steps, characteristics or features that the department identifies as necessary or desirable to enhance the feasibility, public acceptance, transportation efficiency, or economy in execution or operation, of the project;

(e) Otherwise requiring the proposer to develop and present revisions to, or alternatives within, the proposal that will permit the department to obtain best value based on the requirements and evaluation criteria set forth in the notice or request for proposals and based on knowledge obtained by the department by virtue of its review and evaluation of the proposals; and

(f) Requiring the proposer to enter into an interim agreement, on terms satisfactory to the proposer and the state, under which the proposer will provide services to the department in connection with the development of the proposal or further development of the project, including assistance to the department in obtaining any necessary regulatory approvals.

(2) The evaluation panel will report its assessments and recommendations to the commission.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-350, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-355 Commission review and selection of proposals.

The commission shall review the proposals, the assessments and the recommendations of the evaluation panel. Based on that review, the commission may:

(1) Select one proposal to advance to execution of a contract or development agreement; or

(2) Select one proposal to advance to negotiations of a contract or development agreement; or

(3) Select one proposal to advance to execution or negotiations of a contract or development agreement, subject to the proposer's willingness and ability to satisfy specified conditions; or

(4) Pursuant to WAC 468-600-360, select more than one proposal from which to conduct competitive negotiations; or to continue competitive negotiations for a specified period of time; or

(5) Reject all proposals. For purposes of this section, competitive negotiations means negotiations authorized under WAC 468-600-360, for the purposes of refining and arriving at a final selection of a proposer. This term does not refer to negotiations for a contract or development agreement as provided in WAC 468-600-710.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-355, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-360 Commission's authority to elect competitive negotiations.

(1) In addition to the commission's ability to exercise any alternative process permitted under WAC 468-600-232, the commission may authorize, at its option, competitive negotiations with more than a single proposer as a means of selecting from among competing proposals submitted under these rules.

Negotiations under this section are part of the proposal evaluation process and do not constitute the negotiation of a project agreement.

(2) The commission may announce its election to conduct competitive negotiations:

(a) In any notice issued for solicited proposals under WAC 468-600-105; or

(b) By written notice, by mail or by electronic means, to the proposers, issued at any time following the state's receipt of proposals under WAC 468-600-220.

(3) In any communication under subsection (2) of this section, or by notice to the proposers issued by mail or by electronic means at any time after the receipt of proposals, the commission may announce that it will initiate competitive negotiations with all proposers who submitted responsive proposals, or only with proposers who qualify to negotiate because the state has determined that their proposals fall within a competitive range.

(4) When the commission elects to negotiate only with proposers within a competitive range, then after the evaluation panel's evaluation of proposals in accordance with the criteria set forth in the notice or request for proposals, the commission will determine the proposers in the competitive range.

(a) For purposes of this subsection (4), the proposers in the competitive range consist of those proposers whose proposals, as determined by the commission in its discretion, have a reasonable chance of being determined the best proposal as the result of the evaluations conducted by the evaluation panel under WAC 468-600-350. In determining which proposals fall within the competitive range, the commission may consider whether its preliminary evaluation of proposals establishes a natural break in the preliminary scores of the proposals that suggests those proposals that are sufficiently competitive to be included in the competitive range.

(b) The department will provide written notice to all proposers, by mail or by electronic means, of the proposals the commission determines to fall within the competitive range. A proposer whose proposal is not within the competitive range may submit a written protest of the commission's evaluation and determination of the competitive range within fourteen calendar days after the date of the department's notice. A proposer's written protest must state facts and argument that demonstrate how the competitive range determination was flawed or how the commission's determination constituted an abuse of discretion. If the department receives no written protest concerning the proposed selection listing within the fourteen calendar day period, then the department will proceed with negotiations with the proposers whose proposals fell within the competitive range.

(c) In response to a timely filed protest, the commission will issue a written decision that resolves the issues raised in the protest. The commission will make its written determination available, by mail or by electronic means, to the protesting proposer and to the proposers falling within the competitive range.

(5) The object of competitive negotiations, which the department may conduct concurrently with more than one proposer or serially, is to maximize the state's ability to obtain best value and to permit proposers to develop revised proposals. Therefore, the negotiations may include, but shall not be limited to:

(a) Informing proposers of deficiencies in their proposals;

(b) Notifying proposers of parts of their proposals for which the department would like additional information; and

(c) Otherwise allowing proposers to develop revised proposals that will permit the state to obtain the best proposal based on the requirements and evaluation criteria set forth in the notice or request for proposals.

(6) The scope, manner and extent of negotiations with any proposer are subject to the discretion of the department. To prevent the disclosure of proposal information to a proposer's competitors, the department shall conduct negotiations with proposers before the nature of the proposals, information about the proposed project, or proposal information have been made public under WAC 468-600-600. In conducting negotiations, the department:

(a) Shall treat all proposers fairly and shall not engage in conduct that favors any proposer over another;

(b) Shall not reveal to another proposer a proposer's unique technology, unique or innovative approaches to project design, management or financing, or any information that would compromise the proposer's intellectual property, trade secrets or sensitive business information; or

(c) Shall not reveal to another proposer a proposer's price or pricing information, provided, however, that the department may inform a proposer that the department considers a proposer's price or pricing information to be too high or too low.

(7) The evaluation panel must further evaluate the proposals subjected to the competitive negotiation process, and recommendations to the commission for their action under WAC 468-600-355.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-360, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-365 Protests of rejection of proposal/award of contract to competitor in competing proposals context.

(1) At least fourteen calendar days prior to the final selection of the successful proposer in any competitive proposal selection process, the department will give, electronically or otherwise, written notice to all participating proposers of the commission's apparent selection of the successful proposer. A proposer who would be adversely affected by the selection announced in the notice may, within fourteen calendar days after the date of the department's notice, submit to the department a written protest of the selection of the apparent successful proposer.

(2) For purposes of this rule, a protesting proposer is adversely affected by a selection only if the proposer has submitted a responsive competing proposal and is next-in-line for selection. In other words, the protesting proposer must demonstrate that all higher-scoring proposers are ineligible for selection because either:

(a) The higher-scoring proposals were not responsive to the requirements stated in the department's solicitation documents; or

(b) The department committed a substantial violation of a provision in the department's notice requesting competitive negotiation, in these rules, or in chapter 47.29 RCW, or otherwise abused its discretion, in evaluating the revised proposals.

(3) A proposer's written protest must state facts and argument that demonstrate how the selection process was flawed or how the commission's selection of the apparent successful proposer constituted an abuse of the commission's discretion. If the commission receives no written protest concerning the proposed selection listing within the fourteen-day period, then the selection of the successful proposer automatically shall become effective on the fifteenth calendar day after the department first transmitted or otherwise delivered its written notice of the apparent successful proposer.

(4) In response to a proposer's timely filed protest that complies with this rule, the commission will issue a written decision that resolves the issues raised in the protest. In considering a timely protest, the commission may request further information from the protesting proposer and from the apparent successful proposer identified in the department's notice issued under subsection (1) of this section. The commission will make its written determination available, by mail or by electronic means, to the protesting proposer and to the apparent successful proposer identified in the department's notice issued under subsection (1) of this section.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-365, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-370 Notification of apparent successful proposer—Prenegotiation activities authorized.

(1) Upon the commission's selection of a proposal under WAC 468-600-355 and upon expiration of the protest period, the department shall notify the proposer of its intent to execute a contract or development agreement or to enter negotiations on a contract and/or development agreement.

(2) Upon the commission's provisional selection of a proposal subject to satisfaction of conditions, and upon expiration of the protest period, the department shall notify the proposer of the conditions. The proposer shall have a period of time, set forth in the department's notice, but to be at least ten calendar days, from receipt of the department's notification to elect to proceed under specified conditions. If the proposer elects to proceed, the department shall work with the proposer to develop a plan for satisfying the conditions. If the plan entails entry into an interim agreement, the agreement will conform to all relevant requirements of chapter 47.29 RCW and these rules.

(3) After the commission's selection or provisional selection of a proposal, the department and the proposer may confer on any matter pertinent to refinement of the proposal.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-370, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-600 Public records and public disclosure.

(1) Upon written request and within the time required under chapter 42.56 RCW, the department shall review such requests, process and provide those records that are not otherwise exempt from disclosure. The department may charge fees as allowed by state law.

(2) On the department's receipt of a request pursuant to chapter 42.56 RCW, for the disclosure of records or information that have been submitted to the department by a proposer under the program authorized by chapter 47.29 RCW, the department will notify the proposer of the request and provide the proposer a reasonable opportunity to demonstrate that all or part of the requested records or information are exempt from disclosure under applicable law recognizing the confidentiality of public records and information. In determining whether the information or records are exempt from disclosure, the department will consider the evidence and objections to disclosure presented by the proposer, but as custodian of the records or information, the department must make the initial determination of the records that may be withheld from disclosure.

(3) An affected proposer who seeks to demonstrate that public records pertaining to it are exempt from disclosure must respond to the department with its evidence and objections within four working days of the department's issuance of notice of the request to the proposer. After considering the proposer's evidence and objections, the department will inform the proposer of its disclosure decision, giving the proposer no fewer than three working days in which to institute appropriate proceedings in its own behalf to protect the proposer's interests in preventing the disclosure or maintaining the confidentiality of the records or information. The proposer shall be exclusively responsible for all costs, expenses and attorney fees incurred in taking any action to prevent the disclosure of information or records under this section. The department shall not make a disclosure of records or information while an action by the proposer to enjoin disclosure thereof is pending.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-600, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-605 Designation of sensitive business, commercial or financial information and trade secrets.

(1) The following procedure shall be followed by proposers to designate information as "sensitive business, commercial or financial information" under RCW 47.29.190: Each individual page of a proposal that contains sensitive business, commercial or financial information must be clearly marked "sensitive business, commercial or financial information."

(2) A proposer may desire that certain information be considered "trade secret" information for purposes of applying the public records exemption set out in state law. "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. To qualify for that exemption, trade secret information must meet the following criteria:

(a) Not be the subject of a patent;

(b) Be known only to a limited number of individuals within an organization;

(d) Be of potential or actual commercial value; and

(e) Be capable of providing the user with a business advantage over competitors not having the information.

(3) The following procedures shall be followed by the proposer to designate information as trade secret:

(a) Each individual page of a proposal, plan or progress report that contains trade secret information must be clearly marked trade secret;

(b) Written substantiation describing what information is considered trade secret and why, must accompany the document. The written substantiation shall address the following:

(i) Identify which portions of information are claimed trade secret;

(ii) Identify how long confidential treatment is desired for this information;

(iii) Identify any pertinent patent information;

(iv) Describe to what extent the information has been disclosed to others, who knows about the information, and what measures have been taken to guard against undesired disclosure of the information to others;

(v) Describe the nature of the use of the information in business;

(vi) Describe why the information is considered to be commercially valuable;

(vii) Describe how the information provides a business advantage over competitors;

(viii) If any of the information has been provided to other government agencies, identify which one(s); and

(ix) Include any other information that supports a claim of trade secret.

(4) Notwithstanding a proposer's designation of information as constituting "trade secret," and subject to a proposer's opportunity to object to disclosure under WAC 468-600-605, the department may independently assess whether the trade secret exemption applies when responding to a public records request.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-605, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-700 General preconditions for entering into agreements.

The following are preconditions of any agreement that will be entered into between the state and a private sector partner:

(1) The department must seek to adopt contracting techniques that represent the best practices in use by owners of facilities;

(2) To the extent permitted by law, protection must be provided for local contractors to participate in any subcontracting opportunities on projects;

(3) Projects that use tolling technology must maintain standards that are consistent with any standards adopted or widely used by the state;

(4) Provision must be made for patrolling and law enforcement on state-owned transportation facilities, as approved by the Washington state patrol for facilities within their jurisdiction;

(5) Any debt to be issued to pay for the construction of a state-owned transportation facility that is secured by public funds must conform to RCW 47.29.060, or if not in conformance, any agreements reached must be conditioned upon obtaining necessary legislative approval of alternative financing provisions;

(6) The public involvement plan must provide that all forums, workshops, open houses or public meetings be administered and attended by the public sector partner; and

(7) Any project with a capital cost in excess of three hundred million dollars must establish an advisory committee, consisting of at least five but not more than nine members, who shall be appointed by the commission.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-700, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-710 Negotiation of agreement.

A proposal or proposals selected by the commission for negotiation of a final agreement shall be referred to a negotiation team within the department. The team shall be responsible for negotiating the final agreement with the proposer. Each final agreement will define the rights and obligations of the state and the respective proposer with regard to the project. Agreements must contain all provisions in WAC 468-600-700 and 468-600-715, and must allocate responsibilities under WAC 468-600-720.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-710, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-715 Mandatory terms of agreements.

Any final agreement must include the following provisions:

(1) If public moneys are used to pay any costs of construction of public works that is part of an eligible project, the construction contract shall contain provisions that require payment of workers under the contract in accordance with chapter 39.12 RCW; and

(2) Any maintenance provisions on a public facility must be provided in a manner consistent with collective bargaining agreements, the Personnel Reform Act, and civil service laws in effect on any portion of the project that constitutes a public facility.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-715, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-720 Terms to be negotiated between the parties.

Any final agreement must contain terms that address at least the following issues:

(1) At what point in the transportation project public and private sector partners will enter the project and which partners will assume responsibility for specific project elements;

(2) How the partners will share management of the risks of the project;

(3) How the partners will share the costs of development of the project;

(4) How the partners will allocate financial responsibility for cost overruns;

(5) The consequences for nonperformance;

(6) The incentives for performance;

(7) The invoicing and payment procedures and schedules to be followed to the extent that the department or state is to pay for the work, and the accounting and auditing standards to be used to evaluate work on the project; and

(8) An agreement for the construction of a public improvement as part of an eligible project shall provide and be approved for bonding, financial guarantees, deposits or the posting of other security to secure the payment of laborers, subcontractors and suppliers who perform work or provide materials as part of the project. Furthermore, the department shall determine that adequate security exists to address any default or nonperformance by the private sector partner or other contractual claims of the department against the proposer; and

(9) For projects that revert to public ownership, responsibilities for reconstruction or renovation that bring the facility up to government standards before reversion to the state.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-720, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-722 State objection to subcontractors.

(1) Prior to the execution of any contract with a proposer, the proposer must provide the department with a list of all major subcontractors who will perform work in the construction, operation or maintenance of the project. All subcontractors must be legally eligible to perform or work on public contracts under federal and Washington law and regulations. No subcontractor will be accepted who is ineligible to receive public works contracts in the state of Washington.

(2) If the department has reasonable objection to any proposed subcontractor, the department is authorized to require, before the execution of a contract, an apparently successful proposer to submit an acceptable substitute. In such case, the proposer must submit an acceptable substitute, and the contract may, at the department's discretion, be modified to equitably account for any difference in cost necessitated by the substitution. The department will set a maximum time period from the date of the department's written demand for substitution within which to make an acceptable substitution. A proposer's failure to make an acceptable substitution at the end of the time period will constitute sufficient grounds for the department to refuse to execute a contract, without incurring any liability for the refusal. In setting a maximum time period, the department shall consider the scope of the subcontract, availability of other subcontractors, and whether the disapproved subcontractor is identified in the proposal as an equity contributor or source of other financial support to the project relied on by the proposer. Following such identification, the proposer shall be granted an additional maximum time period as determined by the department to conclude negotiations of acceptable terms and conditions with that substitute major subcontractor.

(3) The department may not require any proposer to engage any subcontractor, supplier, other person or organization against whom the proposer has reasonable objection.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-722, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-725 Cessation of negotiations.

The department must establish a maximum time period allowed for conducting negotiations on a potential project or development agreement(s). Such time period may be established in the solicitation document described in WAC 468-600-105, or as a condition of selecting a particular proposer or proposers. If the department elects to conduct competitive negotiations under WAC 468-600-360, any deadline established for conducting negotiations must be equitably applied to all proposers engaged in negotiations. The department may extend a maximum negotiating time period if it determines extension to be in the interests of the state.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-725, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-730 Legal sufficiency review of final agreement.

On completion of a final agreement, the attorney general will review it for legal sufficiency. The department and the transportation commission are wholly responsible for exercising business judgment, including the appropriate and desirable allocation of risk and incentive in any agreement.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-730, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-735 Commission analysis required.

Before any agreements are executed, the commission must:

(1) Conduct a financial analysis that fully discloses all costs and cost estimates, including the costs of any financing, and all estimated project revenues; and

(2) Compare the department's internal ability to complete the project that documents the advantages of completing the project as a public-private partnership versus solely as a public venture.

The commission may undertake this analysis at any point in the solicited or unsolicited proposal process.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-735, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-740 Publication of contents of proposed agreement.

If a tentative agreement has been reached, before the commission may take any action on such agreement, an executive summary describing all material elements of the agreement must be prepared and made available to the public. The department must publish notice of existence of the agreement in each county that is, or could potentially be, affected by the project. The published notice must generally describe the nature of the project, the anticipated communities that the project might impact, and how summary level information on the proposed agreement can be obtained. Such notice must be provided not less than twenty calendar days before the public hearing required under WAC 468-600-741.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-740, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-741 Public hearings on proposed project and agreement.

Prior to taking action on any tentative agreement, the commission must hold an informational session and public hearing in the county seat of the boundaries of the proposed project with at least twenty calendar days' advance notice. Notice of such meeting may be provided in conjunction with the publication of the notice under WAC 468-600-740.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-741, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-742 Twenty-day period for consideration and evaluation of public comments.

After holding the public hearing required in WAC 468-600-741, the commission must consider any testimony received, and must wait at least twenty calendar days before taking any action approving, rejecting or directing execution or continued negotiations of the agreement.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-742, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-750 Commission review of final agreement.

On completion of the attorney general's legal sufficiency review of the final agreement, and after considering any public comment received, the commission shall:

(1) Approve the final agreement;

(2) Reject the final agreement; or

(3) Return the final agreement to the team for further negotiation on issues the commission specifies.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-750, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-800 Program expenses attributable to projects.

The department shall confer with its internal auditor and accounting staff to adopt a methodology to properly apportion program and project development expenses to the specific projects that are the subject of an agreement executed under WAC 468-600-750. The department shall forward the methodology for properly allocating program expenses to the office of financial management for review and approval.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-800, filed 2/6/07, effective 3/9/07.

Wash. Admin. Code § 468-600-810 State's reservation of rights.

(1) The state reserves all rights available to it by law in administering these rules, including without limitation, the right in its sole discretion to:

(a) Reject any and all proposals at any time;

(b) Terminate evaluation of any and all proposals at any time;

(c) Suspend, discontinue and/or terminate comprehensive agreement negotiations with any proposer at any time prior to the actual authorized execution of such agreement by all parties;

(d) Negotiate with a proposer without being bound by any provision in its proposal;

(e) Request or obtain additional information about any proposals;

(f) Issue addenda to and/or cancel any RFQ or RFP;

(g) In accordance with the rule-making procedures of chapter 34.05 RCW, supplement or withdraw all or any part of these rules;

(h) Decline to return any and all fees required to be paid by proposers hereunder; and

(i) Request revisions to proposals.

(2) Absent express written provisions contained in any solicitation document, order or written policy issued by the department, the department is not liable for, or required to, reimburse the costs incurred by proposers, whether or not selected for negotiations, in developing proposals or in negotiating agreements. Any and all information the department makes available to proposers shall be as a convenience to the proposer and without representation or warranty of any kind.

History

Statutory Authority: RCW 47.29.030. WSR 07-04-095, § 468-600-810, filed 2/6/07, effective 3/9/07.

Chapter 468-601 Leases with private entities for retail services at park and ride lots—Accommodations for local business.

Wash. Admin. Code § 468-601-010 Leases with private entities.

Washington state department of transportation (WSDOT) may enter into lease agreements with private entities allowing them to operate franchises for food or beverage services, restaurants, grocery and convenience stores, or other services that are of benefit to the traveling public at park and ride lots owned by the department if the following conditions are met:

• The leased property is not presently needed for highway purposes.

• The agreement contains such terms and conditions as will ensure that the leased property will be used in a manner that is not inconsistent with the functions and operations of the applicable park and ride lot.

• The agreement protects the state and the local transit agency from commercial harm or other type of harm.

• The department ensures it receives best value for use of the property by using a competitive procurement process or other reasonable manner to solicit proposals.

• The agreement provides that the state is compensated in legally sufficient amounts for the use of the underlying right of way; that oversight and management of the agreement is provided for; and that any remaining compensation is distributed as required by law including, but not limited to, RCW 47.04.295 and 47.66.070.

• The term of a concession contract will generally not exceed ten years, unless WSDOT determines that necessary construction or other capital improvements to be undertaken at the site warrant a longer term.

History

Statutory Authority: RCW 47.04.295. WSR 13-12-070, § 468-601-010, filed 6/5/13, effective 7/6/13.

Wash. Admin. Code § 468-601-020 Competitive selection process.

When entering into lease agreements with private vendors for retail concessionaire or franchise services at its park and ride lots, WSDOT shall conduct a competitive and transparent procurement process. The selection process shall comply with all applicable state laws and policies that govern WSDOT. All solicitation documents shall clearly indicate the process to be followed including, but not limed to, the following:

• Notification of solicitation via the Washington electronic business solution (WEBS) website;

• Appointment of a procurement coordinator;

• A schedule of procurement activities;

• Proposer/submitter question and answer period;

• Public notification of apparently successful proposer/submitter;

• An optional proposer/submitter debrief; and

• Complaint and protest procedures.

History

Statutory Authority: RCW 47.04.295. WSR 13-12-070, § 468-601-020, filed 6/5/13, effective 7/6/13.

Wash. Admin. Code § 468-601-030 Notification to local businesses.

WSDOT shall make reasonable efforts to contact similar retail businesses within a one-fourth mile radius of the park and ride entrance, and shall provide a notice of proposed action for park and ride locations that are under consideration for retail operations. WSDOT shall give local businesses the opportunity and a meaningful amount of time to prepare and submit a compliant proposal through the competitive process.

History

Statutory Authority: RCW 47.04.295. WSR 13-12-070, § 468-601-030, filed 6/5/13, effective 7/6/13.

Wash. Admin. Code § 468-601-040 Local business preference.

Preference in competing for lease agreements shall be given to established local businesses. To be eligible for the preference, an established local business must be offering a similar product or service at a retail outlet that is located within a one-fourth mile radius of the entrance of the park and ride facility; and the retail outlet must have been in operation for at least one hundred twenty days prior to the scheduled solicitation date. A competitive procurement preference shall be granted in each of the following ways:

• The procurement process must allow for the established local retailer to be notified that WSDOT has received one or more letters from potential retailers indicating their intent to compete for a lease at the subject park and ride lot. Upon notification, the established local retailer shall be granted an opportunity to submit a proposal. The period of time allowed for the local retailer's submission of a compliant proposal shall not be less than the time allowed for other proposers to respond; and

• Eligible local businesses shall receive local preference scoring during the evaluation phase of the selection process. WSDOT shall add five percent of total possible points to the final scoring of the site proposal.

History

Statutory Authority: RCW 47.04.295. WSR 13-12-070, § 468-601-040, filed 6/5/13, effective 7/6/13.

Chapter 468-602 Alternative fuel vehicle charging and refueling infrastructure program.

Wash. Admin. Code § 468-602-010 Authority and purpose.

RCW 47.04.350 directs the Washington state department of transportation public-private partnership office to develop and maintain a program to support the deployment of clean alternative fuel vehicle charging and refueling infrastructure that is supported by private financing.

The program consists solely of projects that provide a benefit to the public through development, demonstration, deployment, maintenance, and operation of clean energy technologies that save energy and reduce energy costs, reduce harmful air emissions or otherwise increase energy independence for the state. The department refers to the program as the zero emission vehicle infrastructure partnerships (ZEVIP) program.

Program funds are invested in the deployment of electric vehicle charging and hydrogen refueling stations at key intervals along state and federal highway corridors to support interurban, interstate, and interregional travel for clean alternative fuel vehicles. Funds may be used as match to leverage federal funds for the sole purpose of installing, maintaining, and operating electric vehicle charging and hydrogen refueling infrastructure.

History

Statutory Authority: RCW 47.04.350. WSR 20-23-010, § 468-602-010, filed 11/6/20, effective 12/7/20. Statutory Authority: Chapter 47.04 RCW. WSR 16-21-092, § 468-602-010, filed 10/19/16, effective 11/19/16.

Wash. Admin. Code § 468-602-020 Definitions.

Bidder: Nonprofit organizations and government agencies including, but not limited to, federal, state and local public agencies such as cities, counties, municipal corporations, special purpose districts, tribes, ports, air quality districts, public utility districts, transit systems, and regional organizations serving areas adjacent to highway corridors.

Clean alternative fuel vehicles: Vehicles that are powered by electricity including plug-in electric vehicles (PEV) that are capable of drawing electricity from off-board electrical power sources and storing it in batteries and fuel cell electric vehicles (FCEV) that use renewable hydrogen to generate electricity onboard the vehicles. These vehicles are also known as zero emission vehicles (ZEV).

Clean alternative fuel vehicle charging and refueling infrastructure: Products or assemblies installed for the purpose of safely delivering and managing the transfer of electrical energy from an electrical source to an electric vehicle or for refueling hydrogen fuel cell vehicles. Infrastructure may include structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, battery exchange stations, storage or filling stations for renewable hydrogen intended to refuel fuel cell electric vehicles, and renewable hydrogen production facilities.

Corridor: A state or federal highway and interconnected streets connecting communities or destinations and serving major sources of vehicular travel within the state of Washington.

Department: Washington state department of transportation.

Electric vehicles (EV): Plug-in electric vehicles (PEV) that are recharged from the electrical grid including battery electric vehicles (BEV) that run entirely on electricity and plug-in hybrid electric vehicles (PHEV) that run partially on electricity.

Fuel cell electric vehicles (FCEV): Vehicles that run on electricity produced from an onboard fuel cell using hydrogen and that emit zero tailpipe emissions except for warm air and water vapor.

Eligible project or project: The installation of one or more clean alternative fuel vehicle charging or refueling stations along a corridor within the state of Washington. Projects may include upgrades and improvements that expand access to existing charging or refueling sites.

Indirect value: Benefits of the project that may accrue to project participants other than for the use of the equipment.

Industry standard electric vehicle charging equipment: Nonproprietary electric vehicle supply equipment (EVSE) that meets the common standards used for most mass-produced makes and models of plug-in electric vehicles sold in North America including, but not limited to, CHAdeMO, SAE CCS, and SAE J1772.

Industry standard hydrogen fuel cell vehicle refueling equipment: Equipment and infrastructure that is designed, installed, and maintained as required by the existing recognized national codes and standards for refueling hydrogen fuel cell vehicles.

Nationally recognized interval targets: Meets or exceeds criteria provided by the Federal Highway Administration Alternative Fuel Corridors designation program for corridor-ready infrastructure coverage including the number of miles between one station/site and the next along the corridor and the proximity to the highway.

Owner-operator: An entity involved in installing, operating, and maintaining charging and/or refueling equipment including, but not limited to, dedicated clean alternative fuel vehicle charging and refueling service companies, equipment manufacturers, property owners serving as site hosts, automakers, electric utilities, electricity generators, and state and local governments.

Private sector partner: An entity contributing to the project who stands to gain indirect value from development of the project including, but not limited to, a motor vehicle manufacturer, retail store, nonprofit organization, electric utility, renewable hydrogen producer, or tourism stakeholder.

Profitable and sustainable: Yielding profit or financial gain after the initial project investment and the financial ability to maintain the equipment over time. Projects that strongly demonstrate their financial sustainability within a five-year performance period may be prioritized.

Project: Deployment of publicly accessible clean alternative fuel vehicle charging and refueling stations at one or more accessible locations along a corridor.

Renewable hydrogen: Hydrogen produced using renewable resources (such as water, wind, and solar energy) both as the source for hydrogen and as the source for energy input into the production process.

Vulnerable populations: Communities that experience a disproportionate cumulative risk from environmental burdens due to adverse socioeconomic factors, including unemployment, high housing and transportation costs relative to income, access to food and health care, and linguistic isolation and of sensitivity factors, such as low birth weight and higher rates of hospitalization.

Zero emission vehicles (ZEV): Vehicles that do not produce tailpipe pollution or that generate fewer emissions than gas-powered cars including battery electric vehicles, plug-in hybrid electric vehicles, and hydrogen fuel cell vehicles.

History

Statutory Authority: RCW 47.04.350. WSR 20-23-010, § 468-602-020, filed 11/6/20, effective 12/7/20. Statutory Authority: Chapter 47.04 RCW. WSR 16-21-092, § 468-602-020, filed 10/19/16, effective 11/19/16.

Wash. Admin. Code § 468-602-030 Priority corridors.

The department shall define the corridors within which bidders may propose to install electric vehicle charging and hydrogen refueling infrastructure. Priority corridors for electric vehicle charging infrastructure include Interstate 5, Interstate 82, Interstate 90, Interstate 405, U.S. Route 2, U.S. Route 12, U.S. Route 101, U.S. Route 395, and roadways connecting midsize communities and major tourist destinations. Priority corridors for hydrogen refueling stations include, but are not limited to, Interstate 5, Interstate 82, Interstate 90, U.S. Route 2, U.S. Route 97, State Route 7, and State Route 167. These priority corridors may be updated over time and bidders may propose other corridors for consideration.

The department believes having publicly accessible electric vehicle fast chargers and hydrogen refueling stations in regular intervals along corridors will provide the basic network necessary to enable alternative fuel vehicle travel between communities. The department further recognizes that an effective corridor requires redundancy and fault tolerance, especially in high-use areas. Bidders are encouraged to submit proposals that clearly meet nationally recognized interval targets by fuel type. The department supports upgrades and improvements that expand driver access to existing charging and refueling sites and/or that add capacity/redundancy in congested, high-volume areas for a more robust, dependable charging network. Bidders must explain how their project will lead to the eventual build out of the corridor, and/or planned infrastructure along the corridor.

A bidder may submit a proposal for a project in a corridor that is not listed above as a priority corridor. The department will consider such proposals under the following guidelines:

• Must meet the requirements listed in WAC 468-602-040.

• Must provide supporting evidence that stations will be located where the charging or hydrogen refueling services are currently in demand and are expected to continue to be in demand in the future by alternative fuel vehicle drivers.

History

Statutory Authority: RCW 47.04.350. WSR 20-23-010, § 468-602-030, filed 11/6/20, effective 12/7/20. Statutory Authority: Chapter 47.04 RCW. WSR 16-21-092, § 468-602-030, filed 10/19/16, effective 11/19/16.

Wash. Admin. Code § 468-602-040 Project requirements.

Projects shall provide safe, convenient, cost-competitive, reliable, and easy access for drivers to recharge mass-produced electric vehicles or refuel hydrogen fuel cell vehicles with industry standard equipment. Projects shall address gaps in the state's low-carbon transportation infrastructure which may include expanding the network of infrastructure geographically along underserved roadways, upgrading existing stations with equipment that is compatible with more makes and models of alternative fuel vehicles, and adding stations in high-usage areas to provide fault tolerance and redundancy. The department may prioritize projects located in or benefiting vulnerable populations and highly impacted communities. The department shall ensure projects meet the following requirements:

(1) Bidders must have private sector partners contributing to the project who stand to gain indirect value from development of the project including, but not limited to, motor vehicle manufacturers, dealerships, retail stores, utilities, economic developers, and tourism stakeholders;

(2) Bidders must demonstrate that the proposed project will be valuable to alternative fuel vehicle drivers and will address a gap in the state's low carbon transportation infrastructure;

(3) Projects must be expected to be profitable and sustainable over time for the owner-operator and/or the private sector partner, inclusive of indirect value gained;

(4) Bidders must specify how the project captures the indirect value of station deployment to the private sector partner;

(5) Bidders and their private sector partners must agree to operate and maintain the stations for at least five years and must meet the requirements in the department's solicitation materials for equipment offerings, interoperability standards, station operations and uptime, public access, payment options, customer service, signage, and period of performance; and

(6) Bidders and their private sector partners can reinvest any proceeds from ongoing operations to upgrade equipment and expand the site to accommodate higher utilization rates in the future.

History

Statutory Authority: RCW 47.04.350. WSR 20-23-010, § 468-602-040, filed 11/6/20, effective 12/7/20. Statutory Authority: Chapter 47.04 RCW. WSR 16-21-092, § 468-602-040, filed 10/19/16, effective 11/19/16.

Wash. Admin. Code § 468-602-050 Selection process.

The selection process shall comply with all applicable state laws and policies that govern the department. Solicitations will include, but are not limited to, the following steps:

• Appointment of a procurement coordinator;

• A schedule of procurement activities;

• Bidder question and answer period;

• Public notification of apparently successful bidder;

• An optional bidder debrief; and

• Complaint and protest procedures.

The department may award only one grant or loan per project from the electric vehicle infrastructure account.

History

Statutory Authority: RCW 47.04.350. WSR 20-23-010, § 468-602-050, filed 11/6/20, effective 12/7/20. Statutory Authority: Chapter 47.04 RCW. WSR 16-21-092, § 468-602-050, filed 10/19/16, effective 11/19/16.

Chapter 468-603 Agreements with municipalities and regional transit authorities—State-owned park and ride lots.

Wash. Admin. Code § 468-603-010 Agreements with municipalities and regional transit authorities at state-owned park and ride lots.

Washington state department of transportation may enter into agreements with municipalities as defined in RCW 35.95.020 and with regional transit authorities authorized under chapter 81.112 RCW allowing them to operate and maintain park and ride lots under the jurisdiction of the department. Provided, that nothing in this section shall be construed as expanding or limiting the powers or authority of any entity entering into an agreement covered by this section.

These agreements may include those parking management elements which the municipalities and regional transit authorities are authorized by law to implement and manage including, but not limited to:

(1) The issuing of permits such as high occupancy vehicle permits or permits designating a time of arrival. Such permits shall be issued at no cost unless allowed by state and local law;

(2) The reservation of a portion of stalls for the exclusive or time-specific use of permitted vehicles;

(3) The enforcement against unauthorized uses through impoundment, ticketing, or other measures as governed by applicable state and local laws and regulations. Enforcement measures may also include the establishment of parking time limit maximums consistent with RCW 46.55.070; or

(4) The temporary closure of underutilized sections of park and ride facilities to reduce maintenance and operation costs.

For the purposes of this chapter, a "permit" is defined as any document or electronic record approved by and/or issued by a municipality or regional transit authority that when properly displayed or implemented by the permittee authorizes a vehicle to park.

History

Statutory Authority: RCW 46.61.577. WSR 19-04-027, § 468-603-010, filed 1/28/19, effective 2/28/19.

Chapter 468-710 Route jurisdiction transfer rules, regulations and requirements.

Wash. Admin. Code § 468-710-010 Purpose and authority.

RCW 47.01.425 provides that the transportation commission shall receive and review letters of request from cities, counties, or the department of transportation requesting any addition or deletion from the state highway system. The commission shall use the criteria established in RCW 47.17.001 to evaluate these requests and to adopt administrative rules.

History

Statutory Authority: RCW 47.01.425. WSR 10-05-116, § 468-710-010, filed 2/17/10, effective 3/20/10.

Wash. Admin. Code § 468-710-020 Definitions.

For purposes of implementing the requirements of RCW 47.01.425 and 47.17.001, relative to the transportation commission, the following definitions shall apply:

Commission—When commission is used in this chapter, it refers to the transportation commission.

Connecting link—Connecting links should provide system continuity, including needed alternate routing of regionally oriented through-traffic or access to major regional-based public facilities or traffic generators. Generally, links bypass the central business district and/or the central city and form loops and beltways.

Connection to places—Places may be considered connected if they are within approximately two miles of a state highway.

Corridor—A corridor may vary depending on the characteristics of a region and the use of the facilities. The corridor limits used by the commission to analyze a state highway route will be as described by the metropolitan planning organization (MPO) or regional transportation planning organization (RTPO) for the area where the route is located.

Parallel highway route—Parallel route consideration is used to analyze alternative routes within the same corridor. Outside a corridor, a route should be considered a viable highway route if it meets the other criteria in this chapter.

Population equivalency of one thousand or more—To determine the equivalent population of a recreation area, refer to the WSDOT publication, "Guidelines for Amending Urban Boundaries, Functional Classifications, and Federal-Aid Systems."

Rural highway route—A rural highway route is the portion of a route that lies outside a federal urban area boundary.

Urban highway route—An urban highway route is the portion of a route that is within a federal urban area boundary.

History

Statutory Authority: RCW 47.01.425. WSR 10-05-116, § 468-710-020, filed 2/17/10, effective 3/20/10.

Wash. Admin. Code § 468-710-030 Criteria for rural and urban highway routes.

In considering whether to make additions, deletions, or other changes to the state highway system, the legislature is guided by criteria in RCW 47.17.001. Counties, cities, the department of transportation and the commission will use these same criteria to assess the merits of any proposed changes to the state highway system.

History

Statutory Authority: RCW 47.01.425. WSR 10-05-116, § 468-710-030, filed 2/17/10, effective 3/20/10.

Wash. Admin. Code § 468-710-040 Requesting a route jurisdiction transfer.

The agency initiating a route jurisdiction transfer request shall do so by submitting a written request to the commission utilizing the criteria specified in RCW 47.17.001. This written request shall be signed by the head of the requesting agency.

History

Statutory Authority: RCW 47.01.425. WSR 10-05-116, § 468-710-040, filed 2/17/10, effective 3/20/10.

Wash. Admin. Code § 468-710-050 Annual cutoff date for jurisdiction transfer requests.

Prior to February 1, yearly, cities, counties or the department of transportation shall submit a letter of request for jurisdiction transfer to the commission. The written request shall be in conformance with the procedures established in this chapter.

History

Statutory Authority: RCW 47.01.425. WSR 10-05-116, § 468-710-050, filed 2/17/10, effective 3/20/10.

Wash. Admin. Code § 468-710-060 Additional public testimony for consideration of jurisdiction transfer requests.

(1) At the discretion of the commission, and in addition to a regularly scheduled commission meeting, public testimony may be solicited relative to a specific jurisdiction transfer request. The commission will record public testimony and develop summary minutes of the meeting.

(2) If public testimony is solicited, the commission will provide written notice to each agency involved in the transfer, legislators whose districts are impacted by the proposed route transfer and any others who have specifically requested in writing to be provided notice.

History

Statutory Authority: RCW 47.01.425. WSR 10-05-116, § 468-710-060, filed 2/17/10, effective 3/20/10.

Wash. Admin. Code § 468-710-070 Review and comment period.

(1) The commission shall prepare a preliminary finding for all jurisdiction transfer requests and provide written notice of the preliminary finding to the interested parties indicated in WAC 468-710-060(2) for review and comment.

(2) For preliminary findings, the commission will provide thirty calendar days from the date the notice is mailed for interested parties to provide written comments on the preliminary finding. The individuals giving comment must provide their name and address and the comments must address the criteria specified in RCW 47.17.001.

History

Statutory Authority: RCW 47.01.425. WSR 10-05-116, § 468-710-070, filed 2/17/10, effective 3/20/10.

Wash. Admin. Code § 468-710-080 Notice and report of final finding.

(1) Following the thirty calendar-day comment period, the commission will prepare a report of final finding and recommendation for submittal to the senate and house transportation committees. The commission will consider any comments or additional information and provide written notice of the final finding to the interested parties indicated in WAC 468-710-060(2).

(2) The contents of the report should include:

(a) Name of agency submitting the request for transfer;

(b) Route being considered for transfer;

(d) Comparison against the criteria specified in RCW 47.17.001;

(e) Findings;

(f) recommendation; and

(g) Supplemental information, such as:

(i) Summary minutes of meetings;

(ii) Comments received;

(iii) Response to comments; and

(iv) Other appropriate information.

History

Statutory Authority: RCW 47.01.425. WSR 10-05-116, § 468-710-080, filed 2/17/10, effective 3/20/10.

Chapter 468-712 Turnback agreements.

Wash. Admin. Code § 468-712-010 Purpose and authority.

RCW 47.12.080 provides that the Secretary of Transportation may transfer and convey department of transportation right of way to local agencies when the transfer and conveyance is consistent with the public interest. The state shall use the criteria established in RCW 39.33.010 for relinquishment of surplus land for highway use only.

This process applies in circumstances where the department has acquired property for a specific transportation purpose and, upon completion or change in that purpose, determines the property is surplus to state needs. This process does not apply to abandonment or route jurisdiction transfer actions governed by other provisions of law.

History

Statutory Authority: RCW 39.33.010, 47.12.063, 47.12.080, and 47.24.020. WSR 26-09-078, s 468-712-010, filed 4/14/26, effective 5/15/26.

Wash. Admin. Code § 468-712-020 Definitions.

For purposes of implementing the requirements of RCW 47.12.080 relative to state highways, the following definitions shall apply:

(1) Turnback - The practice of turning over real property to local agencies for highway use by deed.

(2) Department - The Washington state department of transportation (WSDOT).

(3) Design concurrence - A signed document between the local agency and the department on the proposed design standards and elements to be applied within the designated preliminary turnback areas.

(4) Turnback areas - The portions of right-of-way identified within right of way plans that will be conveyed by deed to a local agency.

(5) Limited access highway - All highways listed as "established limited access (L/A)" on the limited access and managed access master plan and where the rights of direct access to or from abutting lands have been acquired from the abutting landowners. Levels of limited access are defined in WAC 468-58-010. The limited access and managed access master plan is available through the department's website at https://wsdot.wa.gov/business-wsdot/development-services-and-access.

(6) Local agency - For the purposes of this chapter, a unit of local government or officially designated transportation authority that has the responsibility for planning, construction, operation, maintenance, and/or jurisdiction over transportation facilities.

(7) Managed access highway - Any highway not listed as "established L/A" on the limited access and managed access master plan and any highway or portion of a highway designated on the plan as "established L/A" until such time as the limited access rights are acquired.

(8) Turnback agreement system - The centralized electronic system within WSDOT's enterprise content management (ECM) portal that is used for the development, review, approval, and retention of turnback agreements between the department and local agencies.

(9) Right of way - A general term denoting land or interest therein, acquired for or designated for transportation purposes. More specifically, land in which the department, a county, or a municipality owns the fee simple title, has an easement devoted to or required for use as a public road and appurtenant facilities, or has established ownership by prescriptive right, or lands that have been dedicated for public transportation purposes.

(10) State highway system - All roads, streets, and highways designated as state routes in compliance with chapter 47.17 RCW.

History

Statutory Authority: RCW 39.33.010, 47.12.063, 47.12.080, and 47.24.020. WSR 26-09-078, s 468-712-020, filed 4/14/26, effective 5/15/26.

Wash. Admin. Code § 468-712-025 Turnback requirements on highway segments.

Limited Access Highways

Access rights acquired within limited access highways shall be retained by the department and shall not be included in a turnback.

Within incorporated areas of a limited access highway, the department may relinquish improvements acquired outside the limited access right of way. Streets, roads, alleys, and similar facilities located within the limited access highway right of way shall be vested in the department and do not require a deed from the local agency.

For unincorporated areas, property acquired from a third party that is not retained as part of the limited access highway shall be maintained and operated by the local agency and will require a turnback.

Managed Access Highways

Within incorporated areas, property acquired from a third party shall become the property of the local agency pursuant to RCW 47.24.020(15) and will not require a turnback.

Within unincorporated areas, property acquired from a third party shall be maintained and operated by the local agency and will require a turnback.

Property that continues to function as a local agency road shall have any required work completed under a permit issued to the department.

Property acquired by the department that is not needed for highway purposes and is determined to be an uneconomic remainder shall be disposed of in accordance with applicable surplus property procedures and does not require a turnback.

History

Statutory Authority: RCW 39.33.010, 47.12.063, 47.12.080, and 47.24.020. WSR 26-09-078, s 468-712-025, filed 4/14/26, effective 5/15/26.

Wash. Admin. Code § 468-712-030 Requesting a turnback.

When the department initiates a new project that includes a proposed turnback, the department shall request the local agency enter into a turnback agreement by submitting a request through the turnback agreement system. A documentation package generated through the system shall be digitally signed by the head of the local agency or the agency's authorized designee. Turnback agreements are subject to the requirements of WAC 468-18-040.

History

Statutory Authority: RCW 39.33.010, 47.12.063, 47.12.080, and 47.24.020. WSR 26-09-078, s 468-712-030, filed 4/14/26, effective 5/15/26.

Wash. Admin. Code § 468-712-040 Documentation package.

(1) The department shall prepare a documentation package for review, comment, and approval by the local agency prior to transfer of ownership by deed. The documentation package shall include the following:

(a) The turnback area right of way plan;

(b) Design concurrence;

(d) Exemplar deed;

(e) Transfer acceptance;

(f) Notification of maintenance and operations.

(2) Once completed, the documentation package shall be retained within the turnback agreement system for a period of 75 years.

History

Statutory Authority: RCW 39.33.010, 47.12.063, 47.12.080, and 47.24.020. WSR 26-09-078, s 468-712-040, filed 4/14/26, effective 5/15/26.

Wash. Admin. Code § 468-712-041 Design concurrence.

Upon initiation of a project containing a proposed turnback, the department shall request design concurrence from the local agency through the turnback agreement system.

Design concurrence shall consist of the local agency's review and approval of the proposed design standards and elements to be applied within the designated turnback areas.

The local agency shall be provided with a minimum comment period of 14 calendar days to review and provide comments on the proposed design concurrence.

Following the conclusion of the comment period, design concurrence shall be digitally signed by the local agency and the department within the turnback agreement system.

History

Statutory Authority: RCW 39.33.010, 47.12.063, 47.12.080, and 47.24.020. WSR 26-09-078, s 468-712-041, filed 4/14/26, effective 5/15/26.

Wash. Admin. Code § 468-712-042 Turnback agreement.

(1) The turnback agreement shall specify at a minimum:

(a) The turnback area right of way plan;

(b) Any necessary work or improvements to the right of way that must be completed;

(d) Any additional coordination requirements between the department and local agency prior to the conveyance of the turnback area.

(2) The local agency shall be provided with a minimum comment period of 30 calendar days to review and provide comments on the proposed turnback agreement.

(3) Following the conclusion of the comment period, the turnback agreement shall be digitally signed by the local agency and the department within the turnback agreement system.

History

Statutory Authority: RCW 39.33.010, 47.12.063, 47.12.080, and 47.24.020. WSR 26-09-078, s 468-712-042, filed 4/14/26, effective 5/15/26.

Wash. Admin. Code § 468-712-043 Notification of transfer of maintenance and operations.

Upon completion of the contract, the department shall notify the local agency of the transfer of maintenance and operations responsibilities for the turnback areas.

Maintenance and operations responsibilities shall be assumed by the local agency as specified in the turnback agreement.

The local agency shall be responsible for maintenance and operations of the turnback areas from the time specified in the turnback agreement and prior to transfer acceptance, unless otherwise specified in the agreement.

History

Statutory Authority: RCW 39.33.010, 47.12.063, 47.12.080, and 47.24.020. WSR 26-09-078, s 468-712-043, filed 4/14/26, effective 5/15/26.

Wash. Admin. Code § 468-712-044 Transfer acceptance.

During construction, either the department or the local agency may review and provide comments on changes that may affect the designated turnback areas. Any changes resulting from such comments shall be documented and incorporated into an amendment as part of the turnback agreement.

Upon project completion, the department shall request transfer acceptance from the local agency.

Transfer acceptance shall consist of the local agency's confirmation accepting ownership of the turnback areas as constructed and authorizing the initiation of deed transfer activities.

The local agency shall be provided with a minimum comment period of 14 calendar days to review and provide comments on the proposed transfer acceptance.

Following the conclusion of the comment period, transfer acceptance shall be digitally signed by the local agency and the department within the turnback agreement system.

History

Statutory Authority: RCW 39.33.010, 47.12.063, 47.12.080, and 47.24.020. WSR 26-09-078, s 468-712-044, filed 4/14/26, effective 5/15/26.

Wash. Admin. Code § 468-712-050 Finalizing the turnback.

After the completion of transfer acceptance, the department shall compile the turnback documentation package and transmit it to the WSDOT headquarters real estate services office for processing.

Upon receipt of the documentation package, the department shall initiate the deed preparation and processing.

The local agency shall receive the deed no later than one year after project completion, unless otherwise provided by statute or agreement, through the department's standard relinquishment process.

History

Statutory Authority: RCW 39.33.010, 47.12.063, 47.12.080, and 47.24.020. WSR 26-09-078, s 468-712-050, filed 4/14/26, effective 5/15/26.