# RCW 79.125.410: RCW 79.125.410: First-class unplatted tidelands and shorelands—Lease preference right to upland owners—Lease for booming purposes > Washington · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S410 ## Section - **Citation:** RCW 79.125.410 - **Heading:** RCW 79.125.410: First-class unplatted tidelands and shorelands—Lease preference right to upland owners—Lease for booming purposes - **Jurisdiction:** Washington - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Code / Title 79 / Chapter 125 / Section 410 ## Text (1) The department is authorized to lease to the abutting upland owner any unplatted first-class tidelands or shorelands. (2) The department shall, prior to the issuance of any lease under the provisions of this section, fix the annual rent for the tidelands or shorelands and prescribe the terms and conditions of the lease. No lease issued under the provisions of this section shall be for a longer term than fifty-five years, and every lease shall be subject to termination upon ninety days' notice to the lessee in the event that the department shall decide that it is in the best interest of the state that the tidelands or shorelands be surveyed and platted. At the expiration of any lease issued under the provisions of this section, the lessee or the lessee's successors or assigns shall have a preference right to re-lease the lands covered by the original lease or any portion of the lease, if the department deems it to be in the best interests of the state to re-lease the lands, for succeeding periods not exceeding fifty-five years each at the rent and upon the terms and conditions as may be prescribed by the department. The department may not lease or re-lease any first-class tidelands or shorelands where the sole basis of the state's title is adverse possession of the tidelands or shorelands to be leased. (3) In case the abutting uplands are not improved and occupied for residential purposes and the abutting upland owner has not filed an application for the lease of the lands, the department may lease the lands to any person for booming purposes under the terms and conditions of this section. However, failure to use for booming purposes any lands leased under this section for such purposes for a period of three years shall work a forfeiture of the lease and the land shall revert to the state without any notice to the lessee upon the entry of a declaration of forfeiture in the records of the department. ## Nearby sections - [RCW 79.125.001 RCW 79.125.001: Intent—2005 c 155.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S001.md) - [RCW 79.125.010 RCW 79.125.010: Location of line dividing tidelands from shorelands in tidal rivers.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S010.md) - [RCW 79.125.020 RCW 79.125.020: First-class tidelands and shorelands to be platted.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S020.md) - [RCW 79.125.030 RCW 79.125.030: Second-class tidelands and shorelands may be platted.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S030.md) - [RCW 79.125.040 RCW 79.125.040: Tidelands and shorelands—Plats—Record.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S040.md) - [RCW 79.125.050 RCW 79.125.050: Date of sale limited by time of appraisal.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S050.md) - [RCW 79.125.060 RCW 79.125.060: First or second-class tidelands and shorelands—Appraisal—Record.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S060.md) - [RCW 79.125.070 RCW 79.125.070: Tidelands and shorelands—Notice of filing plat and record of appraisal—Appeal.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S070.md) - [RCW 79.125.080 RCW 79.125.080: Tidelands and shorelands—Petition for replat—Replatting and reappraisal—Vacation by replat.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S080.md) - [RCW 79.125.090 RCW 79.125.090: Tidelands and shorelands—Dedication of replat—All interests must join.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S090.md) - [RCW 79.125.100 RCW 79.125.100: Tidelands and shorelands—Vacation procedure cumulative.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S100.md) - [RCW 79.125.110 RCW 79.125.110: Tidelands and shorelands—Effect of replat.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S110.md) - [RCW 79.125.200 RCW 79.125.200: State-owned tidelands, shorelands, and waterways—Sold only to public entities—Leasing—Limitation.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S200.md) - [RCW 79.125.210 RCW 79.125.210: Sale of second-class tidelands.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S210.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T79_C125_S410. Check the current official text before relying on it. Not legal advice.