Dumpster diving grows in popularity across the US. But is it legal in Washington state?

Dumpster diving has grown in popularity in recent years, becoming a more mainstream activity. What was once considered taboo is now a popular topic on social media, documented with tips and tricks for fellow enthusiasts.

As reported by The Guardian last summer, there are numerous reasons for this surge in dumpster diving. For some, it’s motivated by financial concerns or savviness, not unlike the coupon craze. For others, it’s all about the big scores and the rush of the experience, much like thrifting.

But are discarded items free for the taking, or are they still considered someone else’s property? The legality of the activity will vary from state to state, and city to city. Here’s what Washington state law has to say.

Is dumpster diving legal?

Most states, including Washington, don’t explicitly outlaw dumpster diving in public spaces. The 1988 Supreme Court Case California v. Greenwood established that when someone throws an item out, they’ve relinquished ownership of it, so the contents of a dumpster are fair game.

However, some complications can arise if the dumpster is located on private property.

WA trespassing law

Standard trespassing is broken into two charges under Washington law: first and second degree criminal trespass. First-degree trespass is committed when someone unlawfully enters a building, while the second-degree charge comes when a person is on someone else’s property but not inside the building.

So does dumpster diving constitute second-degree trespassing?

Second-degree trespass occurs when a person “knowingly enters or remains unlawfully in or upon premises of another,” according to state law. So if a dumpster is located on someone’s property, you’re risking violating the law unless you get permission to enter the premises.

County and city law

Additionally, county and city ordinances may still restrict the practice. Some restrictions allow only city staff to legally take garbage from city receptacles.

Under Bellingham city code, it’s illegal “for any person, other than a contractor having a contract for solid waste collection and disposal with the city, to collect, haul or dispose of garbage or refuse.”

Olympia city code contains a similar rule, stating that “it is unlawful for any person to collect or gather garbage or refuse.” Neither law specifies whether or not taking a few items from a dumpster constitutes collecting garbage. Tacoma’s city code does not mention restrictions.

Some cities have similar laws, but specify that they’re intended to prevent someone from starting an unauthorized trash collection business, leaving dumpster diving in the clear.

In Pasco, “only the City, or its contractors… may engage in the business of collection, transportation and disposal of solid waste.” Similarly, Richland law makes it illegal for a private citizen to “collect solid waste within the city for compensation.”

No such restrictions were found for cities such as Tacoma and Kennewick.

Even when a city may not have explicit language barring dumpster diving, enthusiasts should still exercise caution. Make sure you’re on public property, or get permission before diving on private property.