Washington

Recreational Use/Recreational Trespass Laws

Revised Code of Washington 4.24.210

§ 4.24.210. Liability of owners or others in possession of land and water areas for injuries to recreation users--Limitation

(1) Except as otherwise provided in subsection (3) or (4) of this section, any public or private landowners or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, hanggliding, paragliding, rock climbing, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users.

(2) Except as otherwise provided in subsection (3) or (4) of this section, any public or private landowner or others in lawful possession and control of any lands whether rural or urban, or water areas or channels and lands adjacent to such areas or channels, who offer or allow such land to be used for purposes of a fish or wildlife cooperative project, or allow access to such land for cleanup of litter or other solid waste, shall not be liable for unintentional injuries to any volunteer group or to any other users.

(3) Any public or private landowner, or others in lawful possession and control of the land, may charge an administrative fee of up to twenty-five dollars for the cutting, gathering, and removing of firewood from the land.

(4) Nothing in this section shall prevent the liability of a landowner or others in lawful possession and control for injuries sustained to users by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted. A fixed anchor used in rock climbing and put in place by someone other than a landowner is not a known dangerous artificial latent condition and a landowner under subsection (1) of this section shall not be liable for unintentional injuries resulting from the condition or use of such an anchor. Nothing in RCW 4.24.200 and this section limits or expands in any way the doctrine of attractive nuisance. Usage by members of the public, volunteer groups, or other users is permissive and does not support any claim of adverse possession.

(5) For purposes of this section, the following are not fees:
(a) A license or permit issued for statewide use under authority of chapter 79A.05 RCW or Title 77 RCW; and
(b) A daily charge not to exceed twenty dollars per person, per day, for access to a publicly owned ORV sports park, as defined in RCW 46.09.020, or other public facility accessed by a highway, street, or nonhighway road for the purposes of off-road vehicle use.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: §§ 84.33, 84.34, Wash. Admin. Code § 458-30.

Method of Assessment: Formula based on soil productivity for agriculture and forestry.

Application: Required.

Plan Requirements: For timber land (Open Space). In granting a timberland classification the legislative authority should consider whether there is a forest management plan. The reviewing authority may place an application on hold pending a forest management plan and thus can require a management plan.

Penalties: Yes, 7 years back tax plus interest. Also, 20% penalty, unless a two year “Notice to Withdraw” is given after 8th year.
http://apps.leg.wa.gov/RCW/default.aspx?cite=84.34
http://apps.leg.wa.gov/WAC/default.aspx?cite=458-30

Current Use Taxation for open-space land: 

Statute: Open Space Tax Act. Wash. Rev. Code §§ 84.34.010 – 84.34.923.

Purpose of Assessment: General conservation.

Method of Assessment: In determining the true and fair value of open space land and timber land, which has been classified as such under the provisions of chapter 83.34, the assessor shall consider only the use to which such property and improvements is currently applied and shall not consider potential uses of such property. In valuing any tract or parcel of real property designated and zoned under a comprehensive plan adopted under chapter 36.70A RCW as agricultural, forest, or open space land, the appraisal shall not be based on similar sales of parcels that have been converted to nonagricultural, nonforest, or nonopen-space uses within five years after the sale. Wash. Rev. Code § 84.34.060. The valuation of open space parcels is based on a public benefits rating system authorized in Wash. Rev. Code § 84.34.055. They are developed by the local commissions, and are generally rated based on amenities, and each point affects the calculation of the market value.

Eligibility Requirements

Application: Burden is on the landowner. Open space plans are established by local commissions. Lands within these zones qualify for open space valuation, but other landowners may apply as well if their lands serve various conservation functions, including public access. Wash. Rev. Code § 84.34.041. All other current use valuation systems require applications by the landowner as well.

Renewal: Not required.

Area Requirements: Open space does not appear to have a minimum requirement.
(a) Farmland: minimum of five acres, with different requirements for parcels greater than 20 acres
(b) Designated Forest Land: 20 or more contiguous acres devoted to growth and harvest of trees
(c) Timber Land: five or more acres or multiple parcels of land that are contiguous and total five or more acres.

Plan Requirements: For timber land (Open Space). In granting a timberland classification the legislative authority should consider whether there is a forest management plan. The reviewing authority may place an application on hold pending a forest management plan and thus can require a management plan.

Unique or Functional Characteristics

(a) Legislative bodies appear to have the power to impose conditions on granted petitions, but they may not require landowners to grant public access to lands that are valued for their value as wetlands. Wash. Rev. Code § 84.34.020(1). The implication is that other petition approvals may have such a requirement imposed.

(b) Any land meeting the definition of farm and agricultural conservation land under subsection (8) qualifies as open space lands as well. Thus most active and recently stopped farming operation lands will be eligible for open space valuation. Wash. Rev. Code § 84.34.020(8).

(c) Because classification in one current use system may entitle an owner to valuation as open space, the basic details regarding agriculture and timber requirements have been included in this section.

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Tax incentive specifically for providing access: 

Washington has no tax incentive which specifically provides access.

Tax Incentive when land is subject to Conservation Easement: 

Washington has no tax incentive for land subject to conservation easements.

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Income Tax: 

Washington provides no tax credits or incentives for the donation of land or conservation easements.

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Hunter Access Program: 

Name of Program: Private Lands Access (there are three programs under this heading; Feel Free to Hunt, Register to Hunt and Hunt Only by Written Permission.)

Number of Acres Enrolled: 1,709,472

A survey of landowners and hunters involved in the program showed an increase in use. Although quantified data on conservation benefits is not calculated, the interim report for each region provides a detailed description of habitat development.

For additional information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

Case Law

Jones v. United States 693 F.2d 1299 (applying Wash. Law)

-Liability of United States for snow-sliding accident which occurred in Olympic National Park was controlled by Washington Recreational Use Act, since Government was recreational landowner under Act, area where accident occurred was part of “forest lands,” and dollar charged injured plaintiff to rent inner tube was not a fee charged for her use of recreational facilities.
-While it was negligent on Government's part not to put up signs or ropes to guard against dangerous slope on which plaintiff was severely injured in snow-sliding accident in Olympic National Park, Government's failure to do so did not rise to status of willful and wanton conduct as required for liability under Washington Recreational Land Use Act.

Matthews v. Elk Pioneer Days 64 Wash.App. 433

-“Outdoor recreation” as used in recreational use statute, which protected landowners and occupiers of land who opened their land to the public for outdoor recreation from liability, did not include the activity of attending a weekend celebration or watching entertainment on outdoor stage during a community festival.