Revised Code of Washington
Wash. Rev. Code § 79.135.110 (2026)
Leasing beds of tidal waters for shellfish cultivation or other aquaculture use
✓ current as of May 2026
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(1) The beds of all navigable tidal waters in the state lying below extreme low tide, except as prohibited by Article XV, section 1 of the state Constitution shall be subject to lease for the purposes of planting and cultivating oyster beds, or for the purpose of cultivating clams or other edible shellfish, or for other aquaculture use, for periods not to exceed thirty years.
(2) Nothing in this section shall prevent any person from leasing more than one parcel, as offered by the department.
Notes of Decisions
Cited in 3
cases, 2007–2016 · leading case: Echo Bay Cmty. Ass'n v. Dep't of Nat. Resources, 139 Wash. App. 321 (Wash. Ct. App. 2007).
Echo Bay Cmty. Ass'n v. Dep't of Nat. Resources, 139 Wash. App. 321 (Wash. Ct. App. 2007). “¶10 DNR concedes that FA? Puget does not own or lease abutting tidelands or shorelands but argues that the lease is valid under RCW 79.135.110, which is titled “Leasing beds of tidal waters for shellfish cultivation or other aquaculture use.”
Echo Bay v. Dept. of Nat. Resources, 160 P.3d 1083 (Wash. Ct. App. 2007). “¶ 10 DNR concedes that F/V Puget does not own or lease abutting tidelands or shorelands, but argues that the lease is valid under RCW 79.135.110, which is titled "Leasing beds of tidal waters for shellfish cultivation or other aquaculture use.”
Hood Canal Sand & Gravel v. Peter Goldmark, 381 P.3d 95 (Wash. Ct. App. 2016). “010 permits DNR to lease bedlands to an abutting land *299 owner, or to any landowner in limited situations, and RCW 79.135.110 permits DNR to lease bedlands to any person for the purpose of shellfish cultivation and aquaculture.”
— Wash. Rev. Code § 79.135.110(1) — 2 cases
Echo Bay Cmty. Ass'n v. Dep't of Nat. Resources, 139 Wash. App. 321 (Wash. Ct. App. 2007). “¶10 DNR concedes that FA? Puget does not own or lease abutting tidelands or shorelands but argues that the lease is valid under RCW 79.135.110, which is titled “Leasing beds of tidal waters for shellfish cultivation or other aquaculture use.”
Echo Bay v. Dept. of Nat. Resources, 160 P.3d 1083 (Wash. Ct. App. 2007). “¶ 10 DNR concedes that F/V Puget does not own or lease abutting tidelands or shorelands, but argues that the lease is valid under RCW 79.135.110, which is titled "Leasing beds of tidal waters for shellfish cultivation or other aquaculture use.”
— Wash. Rev. Code § 79.135.110(2) — 2 cases
Echo Bay Cmty. Ass'n v. Dep't of Nat. Resources, 139 Wash. App. 321 (Wash. Ct. App. 2007). “¶10 DNR concedes that FA? Puget does not own or lease abutting tidelands or shorelands but argues that the lease is valid under RCW 79.135.110, which is titled “Leasing beds of tidal waters for shellfish cultivation or other aquaculture use.”
Echo Bay v. Dept. of Nat. Resources, 160 P.3d 1083 (Wash. Ct. App. 2007). “¶ 10 DNR concedes that F/V Puget does not own or lease abutting tidelands or shorelands, but argues that the lease is valid under RCW 79.135.110, which is titled "Leasing beds of tidal waters for shellfish cultivation or other aquaculture use.”
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