Washington § 78.44.050 - Exclusive authority to regulate reclamation — Department may delegate enforcement authority to counties, cities, towns — Other laws not affected.

Full text of Washington Revised Code of Washington § 78.44.050 — Exclusive authority to regulate reclamation — Department may delegate enforcement authority to counties, cities, towns — Other laws not affected., with citation guidance and answers to common questions.

§ 78.44.050. Exclusive authority to regulate reclamation — Department may delegate enforcement authority to counties, cities, towns — Other laws not affected.

The department shall have the exclusive authority to regulate surface mine reclamation. No county, city, or town may require for its review or approval a separate reclamation plan or application. The department may, however, delegate some or all of its enforcement authority by contractual agreement to a county, city, or town that employs personnel who are, in the opinion of the department, qualified to enforce plans approved by the department. All counties, cities, or towns shall have the authority to zone surface mines and adopt ordinances regulating operations as provided in this chapter, except that county, city, or town operations ordinances may be preempted by the department during the emergencies outlined in RCW 78.44.200 and related rules.
This chapter shall not alter or preempt any provisions of the state water allocation and use laws (chapters 90.03 and 90.44 RCW), the state water pollution control laws (chapter 90.48 RCW), the state fish and wildlife laws (Title 77 RCW), state noise laws or air quality laws (Title 70 [70A] RCW), shoreline management (chapter 90.58 RCW), the state environmental policy act (chapter 43.21C RCW), state growth management (chapter 36.70A RCW), state drinking water laws (chapters 43.20 and 70A.125 RCW), or any other state statutes.
[ 2021 c 65 s 83; 2003 c 39 s 39; 1997 c 185 s 1; 1993 c 518 s 7; 1970 ex.s. c 64 s 6.]

Notes

Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.

Source: official Washington text · Last verified 2026-08-27

Frequently Asked Questions About Washington § 78.44.050

What does Revised Code of Washington § 78.44.050 cover?

Section 78.44.050 ("Exclusive authority to regulate reclamation — Department may delegate enforcement authority to counties, cities, towns — Other laws not affected.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 78.44.050?

A common citation format is "Revised Code of Washington § 78.44.050" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 78.44.050 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

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