Revised Code of Washington

Wash. Rev. Code § 47.01.260 (2026)

Authority of department

✓ current as of May 2026
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(1) The department of transportation shall exercise all the powers and perform all the duties necessary, convenient, or incidental to the planning, locating, designing, constructing, improving, repairing, operating, and maintaining state highways, including bridges and other structures, culverts, and drainage facilities and channel changes necessary for the protection of state highways, and shall examine and allow or disallow bills, subject to the provisions of RCW 85.07.170, for any work or services performed or materials, equipment, or supplies furnished.
(2) Subject to the limitations of RCW 4.24.115, the department, in the exercise of any of its powers, may include in any authorized contract a provision for indemnifying the other contracting party against specific loss or damages arising out of the performance of the contract.
(3) The department is authorized to acquire property as provided by law and to construct and maintain thereon any buildings or structures necessary or convenient for the planning, design, construction, operation, maintenance, and administration of the state highway system and to acquire property and to construct and maintain any buildings, structures, appurtenances, and facilities necessary or convenient to the health and safety and for the accommodation of persons traveling upon state highways.
(4) The department is authorized to engage in planning surveys and may collect, compile, and analyze statistics and other data relative to existing and future highways and highway needs throughout the state, and shall conduct research, investigations, and testing as it deems necessary to improve the methods of construction and maintenance of highways and bridges.
[ 2006 c 368 s 2; 1983 c 29 s 1; 1979 ex.s. c 58 s 1.]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2013–2025 · leading case: Wa State Dep't Of Transporation, Res. v. City Of Seattle, App., 192 Wash. App. 824 (Wash. Ct. App. 2016).
Wa State Dep't Of Transporation, Res. v. City Of Seattle, App., 192 Wash. App. 824 (Wash. Ct. App. 2016). · cites it 4× “” The court concluded only “WSDOT has statutory authority to determine what constitutes state highway right of way pursuant to RCW 47.01.260 and RCW 47.12.010.” Seattle’s decision to require and to issue grading permits for portions of the SR 520 West Approach Bridge North…”
Freeman v. State, 309 P.3d 437 (Wash. 2013). “The respondents contend the statute is clear and discretion to determine whether highway land is “not presently needed” is necessary to carry out depart *401 ment discretion.”
Indus. Welding Co. Inc v. State of Washington (E.D. Wash. 2025). “and administration of state highway 11 systems” and RCW 47.01.101 which instills in the Secretary of Transportation 12 such abilities as to “direct and coordinate the programs of the various divisions of 13 the department,” “adopt department rules,” and, “execute and implement…”
Freeman v. State (Wash. 2013). “The respondents contend the statute is clear and discretion to determine whether highway land is "not presently needed" is necessary to carry out department discretion.”
Wash. Rev. Code § 47.01.260(1): 3 cases
Wa State Dep't Of Transporation, Res. v. City Of Seattle, App., 192 Wash. App. 824 (Wash. Ct. App. 2016). “” The court concluded only “WSDOT has statutory authority to determine what constitutes state highway right of way pursuant to RCW 47.01.260 and RCW 47.12.010.” Seattle’s decision to require and to issue grading permits for portions of the SR 520 West Approach Bridge North…”
Freeman v. State, 309 P.3d 437 (Wash. 2013). “The respondents contend the statute is clear and discretion to determine whether highway land is “not presently needed” is necessary to carry out depart *401 ment discretion.”
Freeman v. State (Wash. 2013). “The respondents contend the statute is clear and discretion to determine whether highway land is "not presently needed" is necessary to carry out department discretion.”
Wash. Rev. Code § 47.01.260(3): 1 case
Indus. Welding Co. Inc v. State of Washington (E.D. Wash. 2025). “and administration of state highway 11 systems” and RCW 47.01.101 which instills in the Secretary of Transportation 12 such abilities as to “direct and coordinate the programs of the various divisions of 13 the department,” “adopt department rules,” and, “execute and implement…”
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