Wash. Rev. Code » Title 90 · Chapter 90.58
Revised Code of Washington

Wash. Rev. Code § 90.58.230 (2026)

✓ current as of May 2026
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Any person subject to the regulatory program of this chapter who violates any provision of this chapter or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The attorney general or local government attorney shall bring suit for damages under this section on behalf of the state or local governments. Private persons shall have the right to bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party.
[ 1971 ex.s. c 286 s 23.]
Notes of Decisions
Cited in 10 cases, 1973–2014 · leading case: Cowiche Canyon Conservancy v. Bosley, 828 P.2d 549 (Wash. 1992).
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Cowiche Canyon Conservancy v. Bosley, 828 P.2d 549 (Wash. 1992). · cites it 9× “1 We conclude that no violation of the SMA occurred, and uphold the award of attorney fees to defendant pursuant to RCW 90.58.230. Defendant is awarded attorney fees on appeal.”
Dep't of Ecology v. Pacesetter Constr. Co., 571 P.2d 196 (Wash. 1977). · cites it 14× “Plaintiffs rely upon RCW 90.58.230, which provides that "[p]rivate persons shall have the right to bring suit .”
Hedlund v. White, 836 P.2d 250 (Wash. Ct. App. 1992). · cites it 2× “Either a private citizen or a governmental entity may base an action for damages on the SMA, RCW 90.58.230, 6 but only a governmental entity may base an action for injunctive or declaratory relief on the SMA.”
Ritchie v. Markley, 597 P.2d 449 (Wash. Ct. App. 1979). · cites it 2× “The statute provides in pertinent part: If liability has been established for the cost of restoring an area affected by a violation the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator.”
Hunt v. Anderson, 635 P.2d 156 (Wash. Ct. App. 1981). “As to attorney's fees and costs, RCW 90.58.230 states, "In addition to such relief, including money damages, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party.”
Juanita Bay Valley Cmty. Ass'n v. City of Kirkland, 510 P.2d 1140 (Wash. Ct. App. 1973). · cites it 2× “RCW 90.58.230. Inasmuch as we have determined appellant is not entitled to relief under SMA, we must deny its request for attorney’s fees and expert witness’ costs.”
Juanita Bay Valley Com. v. Kirkland, 510 P.2d 1140 (Wash. Ct. App. 1973). · cites it 2× “RCW 90.58.230. Inasmuch as we have determined appellant is not entitled to relief under SMA, we must deny its request for attorney's fees and expert witness' costs.”
Jeffrey Haley v. John F. Pugh (Wash. Ct. App. 2014). · cites it 2× “RCW 90.58.230. Haley's complaint had requested an award of costs and fees under the Shoreline Management Act.”
Hal & Melanie Moore, V Steve's Outboard Serv. (Wash. Ct. App. 2014). “RCW 90.58.230' s Attorney Fee Provision The Moores argue that the trial court violated RCW 90.”
Levack Fam. Trust Ellen Levack v. John & Marilyin Leach, Et Ux (Wash. Ct. App. 2014). “"Either a private citizen or a governmental entity may base an action for damages on the SMA [Shoreline Management Act], RCW 90.58.230, but only a governmental entity may base an action for injunctive or declaratory relief on the SMA.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.