Wash. Rev. Code » Title 53 · Chapter 53.04
Revised Code of Washington

Wash. Rev. Code § 53.04.010 (2026)

✓ current as of May 2026
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(1) Port districts are hereby authorized to be established in the various counties of the state for the purposes of acquisition, construction, maintenance, operation, development and regulation within the district of harbor improvements, rail or motor vehicle transfer and terminal facilities, water transfer and terminal facilities, air transfer and terminal facilities, or any combination of such transfer and terminal facilities, and other commercial transportation, transfer, handling, storage and terminal facilities, and industrial improvements.
(2) Powers of a port district that is located in a county that has a contiguous border with another state, and a population between fifty and seventy thousand, shall be exercised within the district, except as otherwise provided by statute or pursuant to an interlocal cooperation agreement with another public agency as defined in chapter 39.34 RCW. In addition to other requirements of chapter 39.34 RCW, such an interlocal cooperation agreement may involve the exercise of a port district's powers for a port district that is located in a county that has contiguous borders with another state, and a population between fifty and seventy thousand, outside the boundaries of the state of Washington in whole or in part only if found, by resolution of the port district commission exercising such authority, to be reasonably necessary for the effective exercise of the port district's statutory powers and for the benefit of the inhabitants of the district and the state of Washington. The resolution may be adopted only after a public hearing of which notice has been published in a newspaper of general circulation within the district at least ten days in advance.
[ 1999 c 306 s 2; 1963 c 147 s 1; 1911 c 92 s 1; RRS s 9688.]

Notes:

Purpose—1999 c 306: "Article VIII, section 8 of the Washington state Constitution authorizes the use of public funds by port districts in such manner as the legislature may prescribe for industrial development or trade promotion. The legislature recognizes a growing need for a Washington port district that is located in a county that has a contiguous border with another state, and a population between fifty and seventy thousand, to participate with other public agencies of this state and an adjoining state to attract, encourage, and develop industry and promote trade on both sides of their borders, for the economic benefit to the state of Washington. RCW 53.08.240 authorizes agreements between two or more port districts for the exercise of powers both within and outside their districts, and further authorizes contracts by port districts with other governmental entities. The interlocal cooperation act, chapter 39.34 RCW, also authorizes joint agreements and contracts between port districts and other state and local public agencies including political subdivisions of other states. However, there is uncertainty as to whether or not a port district that is located in a county that has a contiguous border with another state, and a population between fifty and seventy thousand, may exercise industrial development or trade promotion powers outside the district or state boundaries except jointly with another Washington port district.
The purpose of this act is to define and clarify the authority of a Washington port district that is located in a county that has a contiguous border with another state, and a population between fifty and seventy thousand, to exercise those powers jointly or in cooperation with other public agencies when found to be necessary and beneficial to the people of this state." [ 1999 c 306 s 1.]
Construction—1911 c 92: "This act shall not be construed to repeal, amend or modify any law heretofore enacted providing a method of harbor improvement, regulation or control in this state, but shall be held to be an additional and concurrent method providing for such purpose." [ 1911 c 92 s 14.]
Establishment of harbor lines: State Constitution Art. 15 s 1 (Amendment 15).
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1958–2024 · leading case: In Re Petition of Seattle, 638 P.2d 549 (Wash. 1981).
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In Re Petition of Seattle, 638 P.2d 549 (Wash. 1981). · cites it 2× “We found that the port district had express statutory authority to acquire land for use for airport purposes, including storage and transfer facilities (RCW 53.04.010, RCW 53.08.020, and RCW 14.”
Greater Harbor 2000 v. City of Seattle, 937 P.2d 1082 (Wash. 1997). “RCW 53.04.010 provides: "Port districts are.”
Greater Harbor 2000 v. City of Seattle, 132 Wash. 2d 267 (Wash. 1997). “RCW 53.04.010 provides: "Port districts are .”
Servais v. Port of Bellingham, 127 Wash. 2d 820 (Wash. 1995). “The Port is a public agency 28 created under RCW 53.04.010 for "acquisition, construction, maintenance, operation, development and regulation within the district of harbor improvements .”
Lane v. Port of Seattle, 316 P.3d 1070 (Wash. Ct. App. 2013). “Ports may construct, purchase, and operate many different types of facilities, including harbor improvements, warehouses, bridges, subways, rail terminal facilities, and “belt line railways.”
Servais v. Port of Bellingham, 904 P.2d 1124 (Wash. 1995). “The Port is a public agency [28] created under RCW 53.04.010 for "acquisition, construction, maintenance, operation, development and regulation within the district of harbor improvements.”
In Re Petition of Port of Seattle, 495 P.2d 327 (Wash. 1972). · cites it 2× “Section 53.04.010 provides: Port districts are hereby authorized to be established in the various' counties of the state for the purposes of acquisition, construction, maintenance, operation, development and regulation within the district of .”
Port of Seattle v. Int'l Longshoremen's & Warehousemen's Union, 324 P.2d 1099 (Wash. 1958). “The purposes and functions of port districts are prescribed in general by RCW 53.04.010, as follows: “. . . the acquisition, construction, maintenance, operation, development, and regulation of a system of harbor improvements and rail and water transfer and terminal facilities…”
City of Moses Lake v. United States, 430 F. Supp. 2d 1164 (E.D. Wash. 2006). “RCW 53.04.010. The port districts may lease these properties “for such purposes and upon such terms as the port commission deems proper.”
State Ex Rel. O'Connell v. Port of Seattle, 399 P.2d 623 (Wash. 1965). “The legislature has created port districts expressly as "municipal corporations," thereby classifying them in the same fashion as cities and towns, public utility districts, and similar public agencies.”
State ex rel. Keeler v. Port of Peninsula, 575 P.2d 713 (Wash. 1978). · cites it 2× “The Propriety of the Port's Action The purposes for which a port district may be formed are set forth in RCW 53.04.010. That statute limits activities for which port commissions are organized to those *768 carried on "within the district.”
Citizen Action Def. Funds, V. Wa State Fin. Mgmt. (Wash. Ct. App. 2024). “, RCW 53.04.010(1) (authorizing port commissions to acquire, construct, maintain, operate, develop, and regulate within a variety of facilities and situations); RCW 53.”
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— Wash. Rev. Code § 53.04.010(1) — 2 cases
Citizen Action Def. Funds, V. Wa State Fin. Mgmt. (Wash. Ct. App. 2024). “, RCW 53.04.010(1) (authorizing port commissions to acquire, construct, maintain, operate, develop, and regulate within a variety of facilities and situations); RCW 53.”
Hordon v. Kitsap Cnty. Sheriff's Dep't (W.D. Wash. 2020).
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