Washington Administrative Code Title 468 - Transportation, Department of (See Title 88)
Overview:
WAC Title 468 governs the rules and regulations adopted by the Washington State Department of Transportation (WSDOT). These regulations have the force of law and provide detailed guidance for the implementation and enforcement of transportation-related statutes in the Revised Code of Washington (RCW), particularly those in Title 47 RCW – Public Highways and Transportation.
WAC Title 468 deals with topics such as:
Highway construction and maintenance
Transportation safety
Traffic management
Ferry operations
Aviation regulations
Rail systems
Environmental protection and permits in transport projects
Public transportation funding and grants
The reference to “(See Title 88)” in the WAC index typically points to Title 88 RCW, which deals with navigation and harbor regulations. In this context, WAC Title 468 can intersect with maritime transportation regulations where WSDOT operates ferries or handles issues related to marine terminals.
Structure of WAC Title 468:
WAC Title 468 is broken into chapters, each dealing with a specific subject matter. Examples include:
WAC 468-38 – Oversize and overweight vehicle permits
WAC 468-510 – High-occupancy toll (HOT) lanes
WAC 468-270 – Ferry tolls
WAC 468-240 – Aviation – obstruction standards
WAC 468-600 – Public-private transportation initiatives
Each chapter provides:
Definitions
Procedural rules
Technical standards
Administrative processes
Legal Authority:
The Department of Transportation has rulemaking authority under RCW Title 47. For example:
RCW 47.01.101 – Establishes WSDOT and defines its authority
RCW 47.46 – Authorizes public-private transportation initiatives
RCW 47.60 – Governs ferry operations
The WACs under Title 468 are created under the Administrative Procedure Act (APA), Chapter 34.05 RCW, which requires:
Notice and comment from the public,
Filing with the Code Reviser,
Public hearings for certain rules,
Final adoption and codification into WAC.
Key Subjects and Relevant Rules in Title 468:
Oversize/Overweight Permits (WAC 468-38)
Regulates vehicle size and weight on state highways.
Addresses bridge limits, escort vehicles, and travel restrictions.
Ferry System (WAC 468-270)
Sets fares, scheduling, and vehicle classifications.
WSDOT is the primary operator of the largest ferry system in the U.S.
High-Occupancy Toll Lanes (WAC 468-510)
Rules for using tolled express lanes on major interstates like I-405.
Includes dynamic pricing and vehicle eligibility.
Aviation (WAC 468-240)
Applies to airports, runway safety, airspace obstructions.
Intersects with FAA standards.
Environmental Review (WAC 468-12)
Implements SEPA (State Environmental Policy Act) requirements in transportation projects.
Intersection with Title 88 RCW (Maritime and Navigable Waters):
Although WAC Title 468 is under transportation, the ferry operations and harbor infrastructure (especially as managed by WSDOT) connect to Title 88 RCW (Navigation and Harbor Regulations). This crossover can occur in:
Ferry dock construction (which must comply with harbor and waterway laws)
Regulation of vessels in state waters
Environmental protection of marine ecosystems during transport projects
Case Law Involving WAC Title 468:
Here are a few illustrative cases that involve or interpret rules from WAC Title 468:
1. Puget Soundkeeper Alliance v. State of Washington, Dept. of Transportation, 2015 WL 13037065 (W.D. Wash.)
Summary:
Environmental group sued WSDOT alleging violations of the Clean Water Act related to stormwater discharges from highways.
Relevance to WAC 468:
WAC 468-16 and WAC 468-12 (related to construction permits and SEPA)
The case highlights how WSDOT must follow both state environmental rules and federal Clean Water Act requirements during highway construction.
2. Washington State Dept. of Transp. v. Public Utility Dist. No. 1, 143 Wn.2d 536 (2001)
Summary:
Dispute over whether a public utility district was liable to relocate power lines due to highway expansion.
Relevance:
WAC 468-34 (Accommodation of utilities on highway rights-of-way)
Court ruled that WSDOT had authority to require relocation under certain conditions.
3. City of Seattle v. Washington State Dept. of Transportation, 166 Wn. App. 1002 (2012) (unpublished)
Summary:
Case over SR 99 tunnel project and mitigation of local traffic impacts.
Relevance:
WAC 468-500 to WAC 468-600 series (transportation planning and public-private projects)
Showed the application of WAC rules for large-scale infrastructure and urban coordination.
4. Automotive United Trades Organization v. State, 175 Wn.2d 214 (2012)
Summary:
Challenge to tolling policies on state highways.
Relevance:
WAC 468-510 and WAC 468-270 (tolling and ferries)
Court upheld WSDOT’s tolling authority as validly delegated and consistent with WAC procedures.
Enforcement and Administrative Appeals:
Many actions under WAC Title 468 can lead to administrative decisions by WSDOT, such as:
Denial or suspension of oversize permits
Environmental review challenges
Toll violation disputes
These decisions can be appealed under the APA (RCW 34.05) to administrative law judges or directly to superior court, depending on the context.
Conclusion:
WAC Title 468 is the regulatory framework that allows WSDOT to implement transportation laws in Washington State. It covers a broad array of issues from ferry operations to highway construction and environmental review. It often intersects with RCW Title 88 for maritime-related issues. Courts have consistently upheld WSDOT’s rulemaking authority under this title, provided it follows proper procedure and aligns with legislative intent.
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