OFFICERS AND OFFICES ‑- STATE PARKS AND RECREATION COMMISSION ‑- AUTHORITY TO PERMIT USE OF PARK LANDS FOR PARTICULAR PURPOSES

OFFICERS AND OFFICES ‑- STATE PARKS AND RECREATION COMMISSION ‑- AUTHORITY TO PERMIT USE OF PARK LANDS FOR PARTICULAR PURPOSES.

As a general rule the state parks and recreation commission has the authority, in the exercise of its discretion, to permit the construction or installation of television transmitters, radio transmitters, power lines, microwave relay stations and fire lookout stations in state parks; however, each transaction would have to be examined to determine whether a specific piece of park land could be used for a particular nonpark purpose.

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                                                               September 2, 1965

Honorable Charles H. Odegaard
Director, Parks & Recreation Commission
General Administration Building
Olympia, Washington

                                                                                                                Cite as:  AGO 65-66 No. 35

Dear Sir:

            By letter previously acknowledged you requested an opinion of this office on a question which we paraphrase as follows:

            Does the state parks and recreation commission have the authority to permit the construction or installation of television transmitters, radio transmitters, power lines, microwave relay stations, and fire lookout stations in state parks?

            We answer your question in the affirmative as explained in our analysis.

                                                                     ANALYSIS

            The state parks and recreation commission is an agency of the state created by the legislature and charged with the primary duty of the care, control and supervision of all state parks and parkways.  RCW 43.51.040.  As an agency of the state, the commission has only those powers expressly given it by statute or necessarily implied therefrom.  See,State ex rel. Eastvold v. Maybury, 49 Wn.2d 533, 304 P.2d 663 (1956).

            The general powers and duties of the commission are set forth in chapter 43.51 RCW.  From an examination thereof we believe it may be stated, as a general proposition, that ample statutory authority exists to permit the use of park property for the purposes contemplated by your question.

             [[Orig. Op. Page 2]]

            A.Television Transmitters

            RCW 43.51.062 (enacted in 1953) expressly grants the authority to the commission

            ". . . to lease the use of such areas in Mount Spokane state park, Steptoe Butte state park, Kamiak Butte state park or any other state park for television stations as the commission may decide are suitable for that purpose:  Provided, Thatthis authority shall not extend to school lands or lands held by the state of Washington for educational purposes."1/   (Emphasis supplied)

            B.Fire Lookout Stations

            This would appear to constitute a valid park purpose since it is necessary in order to maintain and preserve wooded areas in the parks.  Furthermore, if the party desiring to establish the lookout station is a public body, the state parks and recreation commission may certainly permit park land to be used for that purpose.  RCW 43.51.060 provides:

            "The commission may:

            ". . .

            "(4) Act jointly, when advisable, with the United States, any other state agencies, institutions, departments, boards, or commissions in order to carry out the objectives and responsibilities of this chapter;"

            C.Radio Transmitters, Power Lines, Microwave Relay Stations

            While the use of state park land for these purposes is not specifically authorized by statute, such use is quite similar to the specific "use" permitted by RCW 43.51.062,supra.  However, the rule of statutory construction that the express mention of one thing excludes all others, (see, DeGrief v. City of Seattle, 50 Wn.2d 1, 297 P.2d 940 (1956); and Bradley v. Dept. Labor & Ind., 52 Wn.2d 780, 329 P.2d 196 (1958)) is not applicable in this case.  RCW 43.51.062,supra, authorizing use of park land for television stations was passed in 1953 (§ 1, chapter 39, Laws of 1953), after some doubt had been raised as to whether the parks and recreation commission could permit such use under its general powers.  Section 3, chapter 39, Laws of 1953 reads as follows:

             [[Orig. Op. Page 3]]

            "The authority conferred by this act is in addition to the powers and authority now conferred upon the state parks and recreation commission, and this act shall not be construed to repeal or limit, by implication or otherwise, any authority or power now conferred by law upon the state parks and recreation commission."

            In 1955 the legislature authorized the commission to

            ". . .