Wash. Rev. Code » Title 79 · Chapter 79.02
Revised Code of Washington

Wash. Rev. Code § 79.02.300 (2026)

Trespass, waste, damages—Prosecutions

✓ current as of May 2026
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(1) Every person who, without authorization, uses or occupies public lands, removes any valuable material as defined in RCW 79.02.010 from public lands, or causes waste or damage to public lands, or injures publicly owned personal property or publicly owned improvements to real property on public lands, is liable to the state for treble the amount of the damages. However, liability shall be for single damages if the department determines, or the person proves upon trial, that the person, at time of the unauthorized act or acts, did not know, or have reason to know, that he or she lacked authorization. Damages recoverable under this section include, but are not limited to, the market value of the use, occupancy, or things removed, had the use, occupancy, or removal been authorized; and any damages caused by injury to the land, publicly owned personal property or publicly owned improvement, including the costs of restoration. In addition, the person is liable for reimbursing the state for its reasonable costs including, but not limited to, its administrative costs, survey costs to the extent they are not included in damages awarded for restoration costs, and its reasonable attorneys' fees and other legal costs.
(2) This section does not apply in any case where liability for damages is provided under RCW 4.24.630, 64.12.030, or 79.02.320.
(3) The department is authorized and directed to investigate all trespasses and wastes upon, and damages to, public lands of the state, and to cause prosecutions for, and/or actions for the recovery of the same, to be commenced as provided by law.
[ 2009 c 349 s 1; 2004 c 199 s 207; 2003 c 334 s 435; 1994 c 280 s 2; 1993 c 266 s 1; 1927 c 255 s 200; RRS s 7797-200. Prior: 1897 c 89 s 64; 1895 c 178 s 99. Formerly RCW 79.01.760, 79.40.040.]

Notes:

Part headings not law—2004 c 199: See note following RCW 79.02.010.
Intent—2003 c 334: See note following RCW 79.02.010.
Waste and trespass: Chapter 64.12 RCW.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2006–2021 · leading case: Clipse v. Michels Pipeline Constr., Inc., 225 P.3d 492 (Wash. Ct. App. 2010).
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Clipse v. Michels Pipeline Constr., Inc., 225 P.3d 492 (Wash. Ct. App. 2010). “Recodified as RCW 79.02.300 (Laws of 2003, ch. 334, § 554).”
Northlake Marine Works, Inc. v. Dep't of Nat. Resources, 138 P.3d 626 (Wash. Ct. App. 2006). · cites it 5× “3 (b), DNR is entitled to collect trespass damages under RCW 79.02.300. Because DNR has given Northlake implied permission to use the waterway, it is equitably estopped from seeking treble damages under the statute until DNR revoked its implied permission by giving *292…”
Peter (phuc) Phan, Resp v. Pollution Control Hearings Bd. & The City Of Kirkland, App (Wash. Ct. App. 2020). · cites it 4× “The DNR advised the deputy that grounding a vessel in Lake Washington, intentionally or not, was a violation of RCW 79.02.300. On October 6, 2017, Phan’s vessel again became grounded in Juanita Bay.”
Hood Canal Shellfish, V. Dept. Of Nat. Resources (Wash. Ct. App. 2021). · cites it 3× “Because RCW 79.02.300 is a statute that describes damages resulting from a factual conclusion that was not reached below, the issue is not properly before us.”
Wash. Rev. Code § 79.02.300(1): 3 cases
Northlake Marine Works, Inc. v. Dep't of Nat. Resources, 138 P.3d 626 (Wash. Ct. App. 2006). “3 (b), DNR is entitled to collect trespass damages under RCW 79.02.300. Because DNR has given Northlake implied permission to use the waterway, it is equitably estopped from seeking treble damages under the statute until DNR revoked its implied permission by giving *292…”
Hood Canal Shellfish, V. Dept. Of Nat. Resources (Wash. Ct. App. 2021). “Because RCW 79.02.300 is a statute that describes damages resulting from a factual conclusion that was not reached below, the issue is not properly before us.”
Peter (phuc) Phan, Resp v. Pollution Control Hearings Bd. & The City Of Kirkland, App (Wash. Ct. App. 2020). “The DNR advised the deputy that grounding a vessel in Lake Washington, intentionally or not, was a violation of RCW 79.02.300. On October 6, 2017, Phan’s vessel again became grounded in Juanita Bay.”
Wash. Rev. Code § 79.02.300(3): 1 case
Northlake Marine Works, Inc. v. Dep't of Nat. Resources, 138 P.3d 626 (Wash. Ct. App. 2006). “3 (b), DNR is entitled to collect trespass damages under RCW 79.02.300. Because DNR has given Northlake implied permission to use the waterway, it is equitably estopped from seeking treble damages under the statute until DNR revoked its implied permission by giving *292…”
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