Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-128 - Rent review

Current through Register Vol. 24-14, July 15, 2024
This section shall not apply to port districts
				managing aquatic lands under a management agreement (WAC
				332-30-114 ).
(1)
Eligibility to request
			 review.
Any lessee or applicant to lease or release
			 state-owned aquatic lands may request review of any rent proposed to
			 be charged by the department.
(2)
Dispute officers.
The manager of the marine lands division will be the rental
			 dispute officer (RDO). The supervisor of the department, or his
			 designee, will be the rental dispute appeals officer
			 (RDAO).
(3)
Submittals.
A request for review of the rent (an
			 original and two copies) shall be submitted within thirty days of
			 notification by the department of the rent due from the
			 lessee/applicant. The request for review shall contain sufficient
			 information for the officers to make a decision on the
			 appropriateness of the rent initially determined by the department.
			 The burden of proof for showing that the rent is incorrect shall rest
			 with the lessee/applicant.
(4)
Rental due.
The
			 request for review shall be accompanied by one year's rent payment
			 based on the preceding year's rate, or a portion thereof as
			 determined by
			 RCW 79.105.340; or based
			 on the rate proposed by the department, or a portion thereof as
			 determined by
			 RCW 79.105.340,
			 whichever is less. The applicant shall pay any additional rent or be
			 entitled to a refund, with interest, within thirty days after
			 completion of the review process provided in this section.
(5)
Contents of request.
The request for review shall state what the lessee/applicant
			 believes the rent should be and shall contain, at the minimum, all
			 necessary documentation to justify the lessee/applicant's position.
			 This information shall include but not be limited to:
(a)
Rationale.
Why the
			 rent established by the department is inappropriate. The supporting
			 documentation for nonwater-dependent leases may include appraisals by
			 professionally accredited appraisers.
(b)
Lease information.
A description of state-owned aquatic land under lease which
			 shall include, but not be limited to:
(i) Lease or application
			 number;
(ii) Map showing
			 location of lease or proposed lease;
(iii) Legal description of lease
			 area including area of lease;
(iv) The permitted or intended use
			 on the leasehold; and
(v)
			 The actual or current use on the leasehold premises.
(c)
Substitute
			 upland parcel.
A lessee/applicant whose lease rent is
			 determined according to
			 RCW 79.105.240
			 (water-dependent leases) and who disputes the choice of the upland
			 parcel as provided by WAC
			 332-30-123, shall
			 indicate the upland parcel that should be substituted in the rental
			 determination and shall provide the following information on the
			 parcel:
(i) The county parcel
			 number;
(ii) Its assessed
			 value;
(iii) Its area in
			 square feet or acres;
(iv) A map showing the location of
			 the parcel; and
(v) A
			 statement indicating the land use on the parcel and justifying why
			 the parcel should be substituted.