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RCW 79.64.040

Deductions from proceeds of all transactions authorized—Limitations.

Applied in 1 court decision — leading case 190 Wash. 2d 744 - Pope Res., LP v. Wash. State Dep't of Natural Res. (2018)

Most recently applied in 190 Wash. 2d 744 - Pope Res., LP v. Wash. State Dep't of Natural Res. (May 2018)

2025 c 424 s 987; 2023 c 475 s 943; 2021 c 334 s 994; 2019 c 415 s 984

(1) The board shall determine the amount deemed necessary in order to achieve the purposes of this chapter and shall provide by rule for the deduction of this amount from the moneys received from all leases, sales, contracts, licenses, permits, easements, and rights-of-way issued by the department and affecting state lands and aquatic lands, except as provided in RCW 79.64.130, provided that no deduction shall be made from the proceeds from agricultural college lands.

(2) Moneys received as deposits from successful bidders, advance payments, and security under RCW 79.15.100, 79.15.080, and 79.11.150 prior to December 1, 1981, which have not been subjected to deduction under this section are not subject to deduction under this section.

(3) Except as otherwise provided in subsection (5) of this section, the deductions authorized under this section shall not exceed twenty-five percent of the moneys received by the department in connection with any one transaction pertaining to state lands and aquatic lands other than second-class tide and shore lands [tidelands and shorelands] and the beds of navigable waters, and fifty percent of the moneys received by the department pertaining to second-class tide and shore lands [tidelands and shorelands] and the beds of navigable waters.

(4) In the event that the department sells logs using the contract harvesting process described in RCW 79.15.500 through 79.15.530, the moneys received subject to this section are the net proceeds from the contract harvesting sale.

(5) During the 2015-2017, 2017-2019, 2019-2021, 2021-2023, 2023-2025, and 2025-2027 fiscal biennia, the board may increase the twenty-five percent limitation up to thirty-two percent.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.