Obstructions in Navigable Waters (Revised Code of Washington (RCW): Title 88 Navigation and Harbor Improvements; Chapter 88.28)

Chapter Chapter 88.2888.28 RCW RCW Chapter ListingChapter Listing | | RCW DispositionsRCW Dispositions OBSTRUCTIONS IN NAVIGABLE WATERSOBSTRUCTIONS IN NAVIGABLE WATERS SectionsSections 88.28.05088.28.050 Obstructing navigationObstructing navigation——Penalty.Penalty. 88.28.05588.28.055 Closure of Camas Slough.Closure of Camas Slough. 88.28.06088.28.060 Discharging ballast, when prohibitedDischarging ballast, when prohibited——ExceptionException——City areasCity areas——Penalty.Penalty. NOTES:NOTES: Hours of labor of operators of power equipment in waterfront operationsHours of labor of operators of power equipment in waterfront operations——Penalty: RCW Penalty: RCW 49.28.10049.28.100.. Lease of beds of navigable waters for booming purposes: RCW Lease of beds of navigable waters for booming purposes: RCW 79.130.01079.130.010 through through 79.130.04079.130.040.. Public lands: Title Public lands: Title 7979 RCW. RCW. Railroad bridges over navigable streams: RCW Railroad bridges over navigable streams: RCW 81.36.10081.36.100 and chapter and chapter 79.11079.110 RCW. RCW. Relocation of harbor lines: RCW Relocation of harbor lines: RCW 79.115.02079.115.020.. 88.28.05088.28.050 Obstructing navigation—Penalty.Obstructing navigation—Penalty. Every person who shall in any manner obstruct the navigable portion or channel of any bay,Every person who shall in any manner obstruct the navigable portion or channel of any bay, harbor, or river or stream, within or bordering upon this state, navigable and generally used for theharbor, or river or stream, within or bordering upon this state, navigable and generally used for the navigation of vessels, boats, or other watercrafts, or for the floating down of logs, cord wood, fencingnavigation of vessels, boats, or other watercrafts, or for the floating down of logs, cord wood, fencing posts or rails, shall, on conviction thereof, be fined in any sum not exceeding three hundred dollars:posts or rails, shall, on conviction thereof, be fined in any sum not exceeding three hundred dollars: PROVIDED, That the placing of any mill dam or boom across a stream used for floating saw logs, cordPROVIDED, That the placing of any mill dam or boom across a stream used for floating saw logs, cord wood, fencing posts or rails shall not be construed to be an obstruction to the navigation of such stream,wood, fencing posts or rails shall not be construed to be an obstruction to the navigation of such stream, if the same shall be so constructed as to allow the passage of boats, saw logs, cord wood, fencing postsif the same shall be so constructed as to allow the passage of boats, saw logs, cord wood, fencing posts or rails without unreasonable delay: PROVIDED FURTHER, That the obstruction of navigable waters foror rails without unreasonable delay: PROVIDED FURTHER, That the obstruction of navigable waters for the purpose of deploying equipment to contain or clean up a spill of oil or other hazardous material shallthe purpose of deploying equipment to contain or clean up a spill of oil or other hazardous material shall not be considered an obstruction.not be considered an obstruction. [ [ 1987 c 479 § 4;1987 c 479 § 4; 1888 p 190 § 1;1888 p 190 § 1; Code 1881 § 919; Code 1881 § 919; 1854 p 94 § 104;1854 p 94 § 104; RRS § 9897.] RRS § 9897.] 88.28.05588.28.055 Closure of Camas Slough.Closure of Camas Slough. The department of transportation may for highway purposes close off by fill or embankment allThe department of transportation may for highway purposes close off by fill or embankment all water transportation on Camas Slough, a part of the Columbia River extending from a point of land at thewater transportation on Camas Slough, a part of the Columbia River extending from a point of land at the confluence of the left bank of the Washougal River and the right bank of the Columbia River to the landconfluence of the left bank of the Washougal River and the right bank of the Columbia River to the land http://app.leg.wa.gov/RCW/default.aspx?cite=88.28 https://app.leg.wa.gov/RCW/default.aspx?cite=88.28 https://app.leg.wa.gov/RCW/dispo.aspx?cite=88.28 http://app.leg.wa.gov/RCW/default.aspx?cite=49.28.100 http://app.leg.wa.gov/RCW/default.aspx?cite=79.130.010 http://app.leg.wa.gov/RCW/default.aspx?cite=79.130.040 http://app.leg.wa.gov/RCW/default.aspx?cite=79 http://app.leg.wa.gov/RCW/default.aspx?cite=81.36.100 http://app.leg.wa.gov/RCW/default.aspx?cite=79.110 http://app.leg.wa.gov/RCW/default.aspx?cite=79.115.020 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1987c479.pdf?cite=1987%20c%20479%20%C2%A7%204; http://leg.wa.gov/CodeReviser/Pages/session laws.aspx?cite=1888%20p%20190%20%C2%A7%201; http://leg.wa.gov/CodeReviser/Pages/session laws.aspx?cite=1854%20p%2094%20%C2%A7%20104; on Lady Island with the axis or center line of the embankment being more particularly described as a lineon Lady Island with the axis or center line of the embankment being more particularly described as a line bearing south seventy­six degrees (76°), fifty­one a one­half minutes (51 1/2') west from a point; saidbearing south seventy­six degrees (76°), fifty­one a one­half minutes (51 1/2') west from a point; said point being located on the line between section 11 and section 14 and distant approximately 520 feetpoint being located on the line between section 11 and section 14 and distant approximately 520 feet westerly from the corner common to sections 11, 12, 13 and 14, all situate in township 1 north, range 3westerly from the corner common to sections 11, 12, 13 and 14, all situate in township 1 north, range 3 east, W.M. The department shall construct in the fill, at or near the channel of the slough, an opening ofeast, W.M. The department shall construct in the fill, at or near the channel of the slough, an opening of sufficient dimensions to allow normal flow of water during the low water period or such opening as maysufficient dimensions to allow normal flow of water during the low water period or such opening as may be required or approved by the Corps of Engineers, United States Army.be required or approved by the Corps of Engineers, United States Army. [ [ 1984 c 7 § 382;1984 c 7 § 382; 1955 c 174 § 1.1955 c 174 § 1.]] 88.28.06088.28.060 Discharging ballast, when prohibited—Exception—City areas—Penalty.Discharging ballast, when prohibited—Exception—City areas—Penalty. Every master or mate, or other officer or other person, belonging to or in charge of any vessel,Every master or mate, or other officer or other person, belonging to or in charge of any vessel, who shall discharge or cause to be discharged the ballast of such vessels into the navigable portions orwho shall discharge or cause to be discharged the ballast of such vessels into the navigable portions or channels of any of the inlets, bays, harbors or rivers within or bordering on this state, where the water ischannels of any of the inlets, bays, harbors or rivers within or bordering on this state, where the water is less than twenty fathoms deep, shall, on conviction thereof, be fined in any sum not less than seventy­less than twenty fathoms deep, shall, on conviction thereof, be fined in any sum not less than seventy­ five dollars, nor more than five hundred dollars: PROVIDED, That nothing in this section shall be sofive dollars, nor more than five hundred dollars: PROVIDED, That nothing in this section shall be so construed as to prevent any such person from discharging ballast from such vessel on the beach at orconstrued as to prevent any such person from discharging ballast from such vessel on the beach at or above ordinary high tide in all waters where the tide ebbs and flows, and that no ballast shall beabove ordinary high tide in all waters where the tide ebbs and flows, and that no ballast shall be discharged on any of the flats included within the boundary of any city or townsite or extension thereof:discharged on any of the flats included within the boundary of any city or townsite or extension thereof: AND PROVIDED FURTHER, That in harbors within or in front of any incorporated city, where the watersAND PROVIDED FURTHER, That in harbors within or in front of any incorporated city, where the waters are less than twenty fathoms deep, a section of said harbor may be set aside and designated by the cityare less than twenty fathoms deep, a section of said harbor may be set aside and designated by the city council of said city as a ballast ground, where ballast may be discharged under control of a harborcouncil of said city as a ballast ground, where ballast may be discharged under control of a harbor master to be appointed by the council.master to be appointed by the council. [ [ 1897 c 18 § 1;1897 c 18 § 1; 1891 c 69 § 30;1891 c 69 § 30; Code 1881 § 918; Code 1881 § 918; 1877 p 285 § 1;1877 p 285 § 1; 1854 p 94 § 103;1854 p 94 § 103; RRS § 9898.] RRS § 9898.] http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c7.pdf?cite=1984%20c%207%20%C2%A7%20382; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1955c174.pdf?cite=1955%20c%20174%20%C2%A7%201. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1897c18.pdf?cite=1897%20c%2018%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1891c69.pdf?cite=1891%20c%2069%20%C2%A7%2030; http://leg.wa.gov/CodeReviser/Pages/session laws.aspx?cite=1877%20p%20285%20%C2%A7%201; http://leg.wa.gov/CodeReviser/Pages/session laws.aspx?cite=1854%20p%2094%20%C2%A7%20103;