Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2008 NO. 1 > Jan 3 2008

1.  The Growth Management Act (GMA) does not apply directly to a site-specific decision such as siting a wetlands mitigation bank, although the GMA applies to the development regulations and comprehensive plans.  2.  Certification of a wetlands mitigation bank by the Department of Ecology does not legally obligate a county to issue required permits for the bank.  3.  The Department of Ecology’s certification of a wetlands mitigation bank does not make the Growth Management Act (GMA) or the State Environmental Policy Act (SEPA) inapplicable.  4.  The substantive provisions of the Growth Management Act (GMA) do not apply to the Department of Ecology’s certification of a wetlands mitigation bank.

AGO 1995 NO. 1 > Jan 18 1995

Neither the Department of Agriculture nor the Department of Health has authority to administratively designate a "food control area" (such as the area surrounding the site of a chemical or nuclear accident) and embargo all food grown within the area without some particularized determination of the products which are contaminated or are likely to pose a threat to human health.

AGO 1986 NO. 2 > Jan 29 1986

RCW 60.12.070 contemplates laborers' and landlords' liens on crops be filed for record which requires recording procedures, not filing.

AGO 1993 NO. 5 > Apr 14 1993

1.  Chapter 17.21 RCW authorizes the Department of Agriculture to regulate pesticide application and use.  This chapter preempts cities and counties from regulating pesticide application and use, except the first class cities and the counties in which they are located can regulate structural pest control operators, exterminators, and fumigators. 2.  Chapter 15.58 RCW authorizes the Department of Agriculture to regulate formulation, distribution, storage, and disposal of pesticides.  This chapter does not preempt cities and counties from regulating these activities, so long as the local regulations do not conflict with state law.   

AGO 2005 NO. 6 > Apr 19 2005

1.  RCW 15.66.110 would permit the establishment of an agricultural commodity commission whose members (either all or a majority) are elected by the producers of the commodity affected.  2.  If the producers of an agriculture commodity propose a new or amended marketing order establishing a commodity commission whose members are elected by the producers rather than appointed by the director, the director of agriculture is not obligated to adopt a marketing order providing for this form of organization.

AGLO 1981 NO. 12 > Apr 27 1981

An airport board established pursuant to RCW 14.08.200 by joint action between two port districts may not develop airport land belonging to the board with irrigation for agricultural purposes; however, such an airport board may lease property to a third party by private negotiation as authorized by RCW 14.08.200(7) even though it is known that the third party intends to develop the land with irrigation for agricultural purposes‑-so long as such development is not made a condition or requirement of the lease.

AGO 1984 NO. 14 > Jun 13 1984

RCW 20.01.030 does not exempt persons or businesses licensed under the dairy laws of Washington from the "preparer lien" provided for in RCW 20.01.630.

AGO 2005 NO. 15 > Oct 4 2005

A commercial pesticide applicator license is required for any person in the business of applying pesticides to lumber located on the land of another; however, a private-commercial applicator license is sufficient for persons whose business is limited to applying pesticides to lumber located on their own land, no matter who owns the lumber.

AGO 1983 NO. 20 > Oct 7 1983

(1) The Grain and Hay Inspection Revolving Fund, established pursuant to RCW 22.09.500(1), may not be used for expenses not directly incurred by the Department of Agriculture's Division of Grain and Agricultural Chemicals (other than the five percent specifically authorized by statute for use in research and promotional work).   (2) A provision of the State's biennial operating budget, or supporting documents such as budget notes, may not authorize use of the Grain and Hay Inspection Revolving Fund in a manner inconsistent with the provisions of RCW 22.09.500.  

AGO 1984 NO. 26 > Nov 2 1984

For the purposes of creating an agricultural commodity commission under a new marketing order or agreement, the provisions of the 1961 agricultural enabling act (chapter 15.65 RCW) have not superseded the provisions of the 1955 enabling act (chapter 15.66 RCW); therefore, a commodity commission may be created under a new order under either the 1961 or the 1955 act in accordance with the procedures set forth, respectively, therein as further outlined in this opinion.

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