Chapter 468-712 WAC

RCW 47.12.080 provides that the Secretary of Transportation may transfer and convey department of transportation right of way to local agencies when the transfer and conveyance is consistent with the public interest. The state shall use the criteria established in RCW 39.33.010 for relinquishment of surplus land for highway use only.

This process applies in circumstances where the department has acquired property for a specific transportation purpose and, upon completion or change in that purpose, determines the property is surplus to state needs. This process does not apply to abandonment or route jurisdiction transfer actions governed by other provisions of law.

For purposes of implementing the requirements of RCW 47.12.080 relative to state highways, the following definitions shall apply:

(1) Turnback - The practice of turning over real property to local agencies for highway use by deed.

(2) Department - The Washington state department of transportation (WSDOT).

(3) Design concurrence - A signed document between the local agency and the department on the proposed design standards and elements to be applied within the designated preliminary turnback areas.

(4) Turnback areas - The portions of right-of-way identified within right of way plans that will be conveyed by deed to a local agency.

(5) Limited access highway - All highways listed as "established limited access (L/A)" on the limited access and managed access master plan and where the rights of direct access to or from abutting lands have been acquired from the abutting landowners. Levels of limited access are defined in WAC 468-58-010. The limited access and managed access master plan is available through the department's website at https://wsdot.wa.gov/business-wsdot/development-services-and-access.

(6) Local agency - For the purposes of this chapter, a unit of local government or officially designated transportation authority that has the responsibility for planning, construction, operation, maintenance, and/or jurisdiction over transportation facilities.

(7) Managed access highway - Any highway not listed as "established L/A" on the limited access and managed access master plan and any highway or portion of a highway designated on the plan as "established L/A" until such time as the limited access rights are acquired.

(8) Turnback agreement system - The centralized electronic system within WSDOT's enterprise content management (ECM) portal that is used for the development, review, approval, and retention of turnback agreements between the department and local agencies.

(9) Right of way - A general term denoting land or interest therein, acquired for or designated for transportation purposes. More specifically, land in which the department, a county, or a municipality owns the fee simple title, has an easement devoted to or required for use as a public road and appurtenant facilities, or has established ownership by prescriptive right, or lands that have been dedicated for public transportation purposes.

(10) State highway system - All roads, streets, and highways designated as state routes in compliance with chapter 47.17 RCW.

Access rights acquired within limited access highways shall be retained by the department and shall not be included in a turnback.

Within incorporated areas of a limited access highway, the department may relinquish improvements acquired outside the limited access right of way. Streets, roads, alleys, and similar facilities located within the limited access highway right of way shall be vested in the department and do not require a deed from the local agency.

For unincorporated areas, property acquired from a third party that is not retained as part of the limited access highway shall be maintained and operated by the local agency and will require a turnback.

Within incorporated areas, property acquired from a third party shall become the property of the local agency pursuant to RCW 47.24.020(15) and will not require a turnback.

Within unincorporated areas, property acquired from a third party shall be maintained and operated by the local agency and will require a turnback.

Property that continues to function as a local agency road shall have any required work completed under a permit issued to the department.

Property acquired by the department that is not needed for highway purposes and is determined to be an uneconomic remainder shall be disposed of in accordance with applicable surplus property procedures and does not require a turnback.

When the department initiates a new project that includes a proposed turnback, the department shall request the local agency enter into a turnback agreement by submitting a request through the turnback agreement system. A documentation package generated through the system shall be digitally signed by the head of the local agency or the agency's authorized designee. Turnback agreements are subject to the requirements of WAC 468-18-040.

(1) The department shall prepare a documentation package for review, comment, and approval by the local agency prior to transfer of ownership by deed. The documentation package shall include the following:

(a) The turnback area right of way plan;

(b) Design concurrence;

(c) Turnback agreement;

(d) Exemplar deed;

(e) Transfer acceptance;

(f) Notification of maintenance and operations.

(2) Once completed, the documentation package shall be retained within the turnback agreement system for a period of 75 years.

Upon initiation of a project containing a proposed turnback, the department shall request design concurrence from the local agency through the turnback agreement system.

Design concurrence shall consist of the local agency's review and approval of the proposed design standards and elements to be applied within the designated turnback areas.

The local agency shall be provided with a minimum comment period of 14 calendar days to review and provide comments on the proposed design concurrence.

Following the conclusion of the comment period, design concurrence shall be digitally signed by the local agency and the department within the turnback agreement system.

(1) The turnback agreement shall specify at a minimum:

(a) The turnback area right of way plan;

(b) Any necessary work or improvements to the right of way that must be completed;

(c) Any maintenance and operations obligations prior to final transfer;

(d) Any additional coordination requirements between the department and local agency prior to the conveyance of the turnback area.

(2) The local agency shall be provided with a minimum comment period of 30 calendar days to review and provide comments on the proposed turnback agreement.

(3) Following the conclusion of the comment period, the turnback agreement shall be digitally signed by the local agency and the department within the turnback agreement system.

Upon completion of the contract, the department shall notify the local agency of the transfer of maintenance and operations responsibilities for the turnback areas.

Maintenance and operations responsibilities shall be assumed by the local agency as specified in the turnback agreement.

The local agency shall be responsible for maintenance and operations of the turnback areas from the time specified in the turnback agreement and prior to transfer acceptance, unless otherwise specified in the agreement.

During construction, either the department or the local agency may review and provide comments on changes that may affect the designated turnback areas. Any changes resulting from such comments shall be documented and incorporated into an amendment as part of the turnback agreement.

Upon project completion, the department shall request transfer acceptance from the local agency.

Transfer acceptance shall consist of the local agency's confirmation accepting ownership of the turnback areas as constructed and authorizing the initiation of deed transfer activities.

The local agency shall be provided with a minimum comment period of 14 calendar days to review and provide comments on the proposed transfer acceptance.

Following the conclusion of the comment period, transfer acceptance shall be digitally signed by the local agency and the department within the turnback agreement system.

After the completion of transfer acceptance, the department shall compile the turnback documentation package and transmit it to the WSDOT headquarters real estate services office for processing.

Upon receipt of the documentation package, the department shall initiate the deed preparation and processing.

The local agency shall receive the deed no later than one year after project completion, unless otherwise provided by statute or agreement, through the department's standard relinquishment process.