reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-114 - Management agreements with port districts

Current through Register Vol. 24-14, July 15, 2024
By mutual, formal, written agreement the department
				may authorize a port district to manage some or all of those aquatic
				lands within the port district meeting the criteria stated in
				subsection (2) of this section. The port district shall adhere to the
				aquatic land management laws and policies of the state as specified
				in chapters 79.105 through 79.140 RCW. Port district management of
				state aquatic lands shall be consistent with all department
				regulations contained in chapter 332-30 WAC. These requirements shall
				govern the port's management of state aquatic lands. The
				administrative procedures used to carry out these responsibilities
				shall be those provided for port districts under
				Title 53
				RCW.
(1) Interpretations.
			 Phrases used in legislation (RCW
			 79.105.420 ) providing for
			 management agreements with ports shall have the following
			 interpretation:
(a) "Administrative
			 procedures" means conducting business by the port district and its
			 port commission.
(b)
			 "Aquatic lands abutting or used in conjunction with and contiguous
			 to" means state-owned aquatic lands which share a common or
			 coincident boundary with an upland parcel or in the event the state
			 aquatic land does not attach to an upland parcel (i.e., bedlands,
			 harbor areas, etc.), this term shall include the aquatic land
			 adjacent to and waterward of the port owned or controlled aquatic
			 parcel which has a common or coincident boundary to the upland
			 parcel.
(c) "Diligently
			 pursued" means such steady and earnest effort by the port district
			 and the department which results in the resolution of any
			 deficiencies preventing the issuance of a management agreement to the
			 port.
(d) "Leasehold
			 interest" means the benefits and obligations of both the lessor and
			 lessee resulting from a lease agreement.
(e) "Model management agreement"
			 means a document approved by the board of natural resources to be
			 used for all individual management agreements with port
			 districts.
(f) "Operating
			 management" means the planning, organizing, staffing, coordinating,
			 and controlling for all activities occurring on a property.
(g) "Otherwise managed" means
			 having operating management for a property.
(h) "Revenue attributable" means
			 all rentals, fees, royalties, and/or other payments generated from
			 the use of a parcel; or the most likely amount of money due for the
			 use of a parcel as determined by procedures in chapter 332-30 WAC,
			 whichever is greater.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-115 - Harbor area use classes

Current through Register Vol. 24-14, July 15, 2024
These classes are based on the degree to which the
				use conforms to the intent of the constitution that designated harbor
				areas be reserved for landings, wharves, streets and other
				conveniences of navigation and commerce.
(1)
Water-dependent
			 commerce.
Water-dependent commerce are all uses that cannot
			 logically exist in any other location but on the water and are aids
			 to navigation and commerce. These are preferred harbor area uses.
			 Leases may be granted up to the maximum period allowed by the
			 Constitution and may be renewed. Typical uses are:
(a) Public or private vessel
			 terminal and transfer facilities which handle general commerce
			 including the cargo handling facilities necessary for water oriented
			 uses.
(b) Public and
			 private terminal facilities for passenger vessels.
(c) Watercraft construction,
			 repair, maintenance, servicing and dismantling.
(d) Marinas and mooring
			 areas.
(e) Tug and barge
			 companies facilities.
(f)
			 Log booming.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-116 - Harbor line relocation

Current through Register Vol. 24-14, July 15, 2024
Harbor areas are established to meet the needs of
				navigation and commerce. Harbor line relocations must be consistent
				with this purpose.
(1)
			 Harbor line relocations should:
(a)
			 Maintain or enhance the type and amount of harbor area needed to meet
			 long-term needs of water dependent commerce; and
(b) Maintain adequate space for
			 navigation beyond the outer harbor line.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-117 - Waterways

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose and applicability.
This section describes the
			 requirements for authorizing use and occupation of waterways under
			 the department's authority as proprietor of state-owned aquatic
			 lands. This section applies to waterways established in accordance
			 with
			 RCW 79.120.010 and
			 79.120.020. This section
			 does not apply to uses of Salmon Bay Waterway, or to the East and
			 West Duwamish Waterways in Seattle authorized under
			 RCW
			 79.120.040.
(2)
Priority use.
Providing public navigation routes between water and land for
			 conveniences of navigation and commerce is the priority waterway
			 use.
(3)
Permit
			 requirement.
In order to assure availability of waterways for
			 present and future conveniences of navigation and commerce, moorage
			 (other than transient moorage for fewer than 30 days), and other
			 waterway uses shall require prior authorization from the department.
			 Permits may be issued for terms not exceeding one year if there will
			 be no significant interference with the priority waterway use or
			 short-term moorage. Permits may be issued for terms not exceeding
			 five years for uses listed in subsection (4) of this section in
			 instances in which existing development, land use, ownership, or
			 other factors are such that the current and projected demand for
			 priority waterway uses is reduced or absent.
(4)
Permit priority.
In cases of competing demands for waterways, the following order of
			 priority will apply:
(a) Facilities
			 which provide public access to adjacent properties for loading and
			 unloading of watercraft;
(b) Water-dependent commerce, as
			 defined in WAC
			 332-30-115(1),
			 related to use of the adjacent properties;
(c) Other water-dependent
			 uses;
(d) Facilities for
			 nonnavigational public access;
(e) Other activities consistent
			 with the requirements in WAC
			 332-30-131(4)
			  for public use
			 facilities.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-119 - Sale of second class shorelands

Current through Register Vol. 24-14, July 15, 2024
(1) Under
			 RCW 79.125.450
			 state-owned second class shorelands on lakes legally determined or
			 considered by the department of natural resources to be navigable,
			 may be sold to private owners of abutting upland property where it is
			 determined by the board of natural resources that the shorelands have
			 minimal public value for uses such as providing access, recreation or
			 other public benefit. The amount of shoreland subject to sale to any
			 one individual shall be the amount fronting a lot within a recorded
			 subdivision plat; or the greater of one hundred feet or ten percent
			 of the frontage owned by the applicant outside of a recorded
			 subdivision. However, it shall be in the public interest to retain
			 ownership of publicly owned second class shorelands on navigable
			 lakes where any of the following conditions exist:
(a) The shorelands are natural,
			 conservancy, or equivalent designated areas under the local shoreline
			 master program.
(b) The
			 shorelands are located in front of land with public upland ownership
			 or public access easements.
(c) Further sales of shorelands
			 would preclude the establishment of public access to the lake, or
			 adversely affect the public use and access to the lake.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-122 - Aquatic land use authorization

Current through Register Vol. 24-14, July 15, 2024
All requirements in this section shall apply to the
				department. Subsection (2) of this section (except subsection
				(2)(a)(iii) and (b)(iii) of this section), subsections (3)(a), and
				(4)(a) shall apply to port districts managing aquatic lands under a
				management agreement (WAC
				332-30-114 ).
(1)
General
			 requirements.
(a) In
			 addition to other requirements of law, aquatic land activities that
			 interfere with the use by the general public of an area will require
			 authorization from the department by way of agreement, lease, permit,
			 or other instrument.
(i) Suitable
			 instruments shall be required for all structures on aquatic lands
			 except for those federal structures serving the needs of
			 navigation.
(ii) The beds
			 of navigable waters may be leased to the owner or lessee of the
			 abutting tideland or shoreland. This preference lease right is
			 limited to the area between the landward boundary of the beds and the
			 -3 fathom contour, or 200 feet waterward, whichever is closer to
			 shore. However, the distance from shore may be less in locations
			 where it is necessary to protect the navigational rights of the
			 public.
(iii) When
			 proposing to lease aquatic lands to someone other than the abutting
			 property owner, that owner shall be notified of the intention to
			 lease the area. When not adverse to the public's ownership, the
			 abutting owner's water access needs may be reasonably
			 accommodated.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-123 - Aquatic land use rentals for water-dependent uses

Current through Register Vol. 24-14, July 15, 2024
All requirements in this section shall apply to the
				department and to port districts managing aquatic lands under a
				management agreement (WAC
				332-30-114 ). The
				annual rental for water-dependent use leases of state-owned aquatic
				land shall be: The per unit assessed value of the upland tax parcel,
				exclusive of improvements, multiplied by the units of lease area
				multiplied by thirty percent multiplied by the real rate of return.
				Expressed as a formula, it is: UV x LA x .30 x r = AR. Each of the
				letter variables in this formula have specific criteria for their use
				as described below. This step by step presentation covers the typical
				situations within each section first, followed by alternatives for
				more unique situations.
(1)
Overall considerations.
(a) Criteria for use of formula.
			 The formula:
(i) Shall be applied to
			 all leases for water-dependent uses, except as otherwise provided by
			 statute;
(ii) Shall not
			 be used for areas of filled state-owned aquatic lands having upland
			 characteristics where the department can charge rent for such fills
			 (see WAC
			 332-30-125 ), renewable
			 and nonrenewable resource uses, or areas meeting criteria for public
			 use (see WAC 332-30-130 ); and
(iii) Shall cease being used for
			 leases intended for water-dependent uses when the lease area is not
			 actively developed for such purposes as specified in the lease
			 contract. Rental in such situations shall be determined under the
			 appropriate section of this chapter.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-125 - Aquatic land use rental rates for nonwater-dependent uses

Current through Register Vol. 24-14, July 15, 2024
All requirements in this section shall apply to the
				department and to port districts managing aquatic lands under a
				management agreement (WAC
				332-30-114 ).
(1) The value of state-owned
			 aquatic lands withdrawn from general public use for private
			 nonwater-dependent use shall be recognized by charging lessees the
			 full fair market rental. No rent shall be charged for improvements,
			 including fills, on aquatic lands unless owned by the state. The fair
			 market rental is based on: (a) Comparable non-DNR market rents,
			 whether based on land value exclusive of improvements, a percent of
			 gross revenues, or other appropriate basis, or if not available (b)
			 the full market value (same as true and fair value) multiplied by the
			 use rate percentage as determined under subsection (2) of this
			 section and published in the Washington State Register.
(2) Use rate percentage.
(a) The percentage rate will be
			 based on nondepartmental market rental rates of return for comparable
			 properties leased on comparable terms in the locality, or when such
			 do not exist;
(b) The
			 percentage rate of return shall be based on the average rate charged
			 by lending institutions in the area for long term (or term equivalent
			 to the length of the lease) mortgages for comparable uses of real
			 property.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-126 - Sand and gravel extraction fees

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)
Public auction or
			 negotiation.
The royalty for sand, gravel, stone or other
			 aggregate removed from state-owned aquatic lands shall be determined
			 through public auction or negotiation.
(2)
Royalty rate.
A
			 negotiated royalty shall reflect the current fair market value of the
			 material in place.
The "income approach" appraisal technique will
				normally be used to determine fair market value. Factors considered
				include, but are not limited to:
(a) The wholesale value of similar
			 material, based on a survey of aggregate producers in the region or
			 market area;
(b) Site
			 specific cost factors including, but not limited to:
(i) Homogeneity of
			 material;
(ii)
			 Access;
(iii) Regulatory
			 permits;
(iv) Production
			 costs.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-127 - Unauthorized use and occupancy of aquatic lands (see RCW 79.105.200 and 79.125.200)

Current through Register Vol. 24-14, July 15, 2024
(1) Aquatic lands determined to be
			 state-owned, but occupied for private use through accident or without
			 prior approval, may be leased if found to be in the public
			 interest.
(2) Upon
			 discovery of an unauthorized use of aquatic land, the responsible
			 party will be immediately notified of his status. If the use will not
			 be authorized, he will be served notice in writing requiring him to
			 vacate the premises within thirty days. If the law and department
			 policy will permit the use, the occupant is to be encouraged to lease
			 the premises.
(3) The
			 trespassing party occupying aquatic lands without authority will be
			 assessed a monthly use and occupancy fee for such use beginning at
			 the time notification of state ownership is first provided to them
			 and continuing until they have vacated the premises or arranged for a
			 right to occupy through execution of a lease as provided by
			 law.
(4) The use and
			 occupancy fee is sixty percent higher than full fair market rental
			 and is intended to encourage either normal leasing or vacation of
			 aquatic land.
(5) In
			 those limited circumstances when a use cannot be authorized by a
			 lease even though it may be in the public interest to permit the
			 structure or activity, the fair market rental will be charged and
			 billed on an annual basis.
(6) The use and occupancy billing
			 is to be made after the use has occurred and conveys no rights in
			 advance. Payment is due by the tenth of the month following the
			 original notification, and if not received, a notice is to be sent.
			 If payment is not received within thirty days of this notice and
			 monthly thereafter by the tenth of each month during the period of
			 the use and occupancy lease or if the improvement has not been
			 removed from the aquatic land, an unlawful detainer action against
			 the party in trespass will be filed along with an action to collect
			 past due rental.
Statutory Authority:
				  RCW 79.105.360.
				  06-06-005 (Order 724), § 332-30-127, filed 2/16/06, effective
				  3/19/06. Statutory Authority: RCW 43.30.150. 80-09-005 (Order 343),
				  § 332-30-127, filed
				  7/3/80.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-131 - Public use and access

Current through Register Vol. 24-14, July 15, 2024
This section shall not apply to private recreational
				docks. Subsections (2) and (3) of this section shall not apply to
				port districts managing aquatic lands under a management agreement
				(WAC
				332-30-114 ). Public
				use and access are aquatic land uses of statewide value. Public
				access and recreational use of state-owned aquatic land will be
				actively promoted and protected.
(1)
Access encouraged.
Other agencies will be encouraged to provide, in their
			 planning, for adequate public use and access and for protection of
			 public use and access resources.
(2)
Access grants.
Aquatic Land Enhancement Account funds will be distributed to
			 state and local agencies to encourage provision of public access to
			 state-owned aquatic lands.
(3)
Access advertised.
State-owned aquatic lands particularly suitable for public use
			 and access will be advertised through appropriate
			 publications.
(4)
No-fee access agreements.
No-fee agreements may be made
			 with other parties for provision of public use and access to
			 state-owned aquatic lands provided the other party meets the
			 following conditions:
(a) The land
			 must be available daily to the public on a first-come, first-served
			 basis and may not be leased to private parties on any more than a
			 day-use basis.
(b)
			 Availability of free public use must be prominently advertised by
			 appropriate means as required. For example, signs may be required on
			 the premises and/or on a nearby public road if the facility is not
			 visible from the road.
(c) When the use is dependent on
			 the abutting uplands, the managing entity must own, lease or control
			 the abutting uplands.
(d)
			 User fees shall not be charged unless specifically authorized by the
			 department and shall not exceed the direct operating cost of the
			 facility.
(e) Necessary
			 nonwater-dependent accessory uses will be allowed in the no-fee
			 agreement area only under exceptional circumstances when they
			 contribute directly to the public's use and enjoyment of the aquatic
			 lands and comply with WAC
			 332-30-137. Such
			 nonwater-dependent uses shall be required to pay a fair-market rent
			 for use of aquatic lands.
(f) Auditable records must be
			 maintained and made available to the state.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-137 - Nonwater-dependent uses

Current through Register Vol. 24-14, July 15, 2024
Policy.
Nonwater-dependent use of
				state-owned aquatic lands is a low priority use providing minimal
				public benefits. Nonwater-dependent uses shall not be permitted to
				expand or be established in new areas except in exceptional
				circumstances and when compatible with water-dependent uses existing
				in or planned for the area. Analysis under this section will be used
				to determine the terms and conditions of allowable nonwater-dependent
				use leases. The department will give public notice of sites proposed
				for nonwater-dependent use leases.
(1)
Exceptional
			 circumstances.
The following are exceptional circumstances
			 when nonwater-dependent uses may be allowed:
(a) Nonwater-dependent accessory
			 uses to water-dependent uses such as delivery and service parking,
			 lunch rooms, and plant offices.
(b) Mixed water-dependent and
			 nonwater-dependent development. The water-dependent component shall
			 be a major project element. The nonwater-dependent use shall
			 significantly enhance water-dependent uses and/or resources of
			 statewide value.
(c)
			 Nonwater-dependent uses in structures constructed, or on sites
			 filled, prior to June 30, 1985.
(d) Expansion or realignment of
			 essential public nonwater-dependent facilities such as airports,
			 highways and sewage treatment plants where upland topography,
			 economics, or other factors preclude alternative locations.
(e) When acceptable sites and
			 circumstances are identified in adopted local shoreline management
			 master programs which provide for the present and future needs of all
			 uses and resources of statewide value, identify specific areas or
			 situations in which nonwater-dependent uses will be allowed, and
			 justify the exceptional nature of those areas or
			 situations.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-139 - Marinas and moorages

Current through Register Vol. 24-14, July 15, 2024
(1) Moorage facilities developed on
			 aquatic lands should meet the following design criteria:
(a) Moorage shall be designed so as
			 to be compatible with the local environment and to minimize adverse
			 esthetic impacts.
(b)
			 Open moorage is preferred in relatively undeveloped areas and
			 locations where view preservation is desirable, and/or where leisure
			 activities are prevalent.
(c) Covered moorage may be
			 considered in highly developed areas and locations having a
			 commercial environment.
(d) Enclosed moorage should be
			 confined to areas of an industrial character where there is a minimum
			 of esthetic concern.
(e)
			 In general, covered moorage is preferred to enclosed moorage and open
			 moorage is preferred to covered moorage.
(f) View encumbrance due to
			 enclosed moorage shall be avoided in those areas where views are an
			 important element in the local environment.
(g) In order to minimize the impact
			 of moorage demand on natural shorelines, large marina developments in
			 urban areas should be fostered in preference to numerous small
			 marinas widely distributed.
(h) The use of floating breakwaters
			 shall be considered as protective structures before using solid
			 fills.
(i) Dry moorage
			 facilities (stacked dry boat storage) shall be considered as an
			 alternative to wet storage in those locations where such storage
			 will:
(i) Significantly reduce
			 environmental or land use impacts within the water area of the
			 immediate shoreline.
(ii)
			 Reduce the need for expansion of existing wet storage when such
			 expansion would significantly impact the environment or adjacent land
			 use.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-144 - Private recreational docks

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
This section implements the permission created by
			 RCW 79.105.430, Private
			 recreational docks, which allows abutting residential owners, under
			 certain circumstances, to install private recreational docks without
			 charge. The limitations set forth in this section apply only to use
			 of state-owned aquatic lands for private recreational docks under
			 RCW 79.105.430. No
			 restriction or regulation of other types of uses on aquatic lands is
			 provided. This section shall not apply to port districts managing
			 aquatic lands under a management agreement (WAC
			 332-30-114 ).
(2)
Eligibility.
The
			 permission shall apply only to the following:
(a) An "abutting residential
			 owner," being the owner of record of property physically bordering on
			 public aquatic land and either used for single family housing or for
			 a multifamily residence not exceeding four units per lot.
(b) A "dock," being a securely
			 anchored or fixed, open walkway structure visible to boaters and kept
			 in good repair extending from the upland property, primarily used as
			 an aid to boating by the abutting residential owner(s), and
			 accommodating moorage by not more than four pleasure boats typical to
			 the body of water on which the dock is located. Two or more abutting
			 residential owners may install and maintain a single joint-use dock
			 provided it meets all other design requirements of this section; is
			 the only dock used by those owners; and that the dock fronts one of
			 the owners' property.
(c)
			 A "private recreational purpose," being a nonincome-producing,
			 leisure-time, and discretionary use by the abutting residential
			 owner(s).
(d) State-owned
			 aquatic lands outside harbor areas designated by the harbor line
			 commission.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-145 - Booming, rafting and storage of logs

Current through Register Vol. 24-14, July 15, 2024
All requirements in this section shall apply to the
				department and to port districts managing aquatic lands under a
				management agreement (WAC
				332-30-114 ).
(1) Unless specifically exempted in
			 writing, all log dumps located on aquatic lands, or operated in
			 direct association with booming grounds on aquatic land, must provide
			 facilities for lowering logs into the water without tumbling, which
			 loosens the bark. Free rolling of logs is not permitted.
(2) Provision must be made to
			 securely retain all logs, chunks, and trimmings and other wood or
			 bark particles of significant size within the leased area. Lessee
			 will be responsible for regular cleanup and upland disposal
			 sufficient to prevent excessive accumulation of any debris on the
			 leased area.
(3) Unless
			 permitted in writing, aquatic land leased for booming and rafting
			 shall not be used for holding flat rafts except:
(a) Loads of logs averaging over
			 24" diameter.
(b) Raft
			 assembly, disassembly and log sort areas.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-148 - Swim rafts and mooring buoys

Current through Register Vol. 24-14, July 15, 2024
(1) Swim rafts or mooring buoys
			 will not be authorized where such structures will interfere with
			 heavily traveled routes for watercraft, commercial fishing areas or
			 on designated public use - wilderness beaches.
(2) Swim rafts or mooring buoys may
			 be authorized on aquatic lands shoreward of the -3 fathom contour or
			 within 200 feet of extreme low water or line of navigability
			 whichever is appropriate. The placement of rafts and buoys beyond the
			 -3 fathom contour or 200 feet will be evaluated on a case by case
			 basis.
(3) No more than
			 one structure may be installed for each ownership beyond extreme low
			 water or line of navigability. However, ownerships exceeding 200 feet
			 as measured along the shoreline may be permitted more installations
			 on a case by case basis.
(4) Swim rafts or buoys must float
			 at least 12" above the water and be a light or bright
			 color.
(5) Mooring buoys
			 may be authorized beyond the limits described above on land
			 designated by the department for anchorages.
(6) Vessels for residences, as
			 defined in WAC
			 332-30-106(62)
			  and floating houses, as defined in
			 WAC
			 332-30-106(23)
			  shall not moor at swim rafts,
			 mooring buoys, or other moorage facilities not connected to the
			 shoreline, except within an open water moorage and anchorage area
			 leased to a local government agency as provided in WAC
			 332-30-139(5).
			 Such moorage may occur when necessary because of an emergency that
			 immediately threatens human life or property, for the duration of the
			 emergency only.
Statutory Authority: RCW 79.90.455, 79.90.460.
				  02-21-076 (Order 710), § 332-30-148, filed 10/17/02, effective
				  11/17/02. Statutory Authority: RCW 43.30.150. 80-09-005 (Order 343),
				  § 332-30-148, filed
				  7/3/80.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-151 - Reserves (RCW 79.68.060)

Current through Register Vol. 24-14, July 15, 2024
(1) Types of reserves: Educational,
			 environmental, scientific - see definitions (WAC
			 332-30-106 ).
(2) Aquatic lands of special
			 educational or scientific interest or aquatic lands of special
			 environmental importance threatened by degradation shall be
			 considered for reserve status. Leases for activities in conflict with
			 reserve status shall not be issued.
(3) The department or other
			 governmental entity or institution may nominate specific areas for
			 consideration for reserve status.
(4) Such nominations will be
			 reviewed and accepted or rejected by the commissioner of public lands
			 based upon the following criteria:
(a) The site will accomplish the
			 purpose as stated for each reserve type.
(b) The site will not conflict with
			 other current or projected uses of the area. If it does, then a
			 determination must be made by the commissioner of public lands as to
			 which use best serves the public benefit.
(c) Management of the reserve can
			 be effectively accomplished by either the department's management
			 program or by assignment to another governmental agency or
			 institution.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-157 - Commercial clam harvesting

Current through Register Vol. 24-14, July 15, 2024
(1) Commercial clam beds on aquatic
			 lands shall be managed to produce an optimum yield.
(2) The boundaries of clam tracts
			 offered for lease shall be established and identified to avoid
			 detrimental impacts upon significant beds of aquatic vegetation or
			 areas of critical biological significance as well as prevent
			 unauthorized harvesting.
(3) The methods of harvest may only
			 be those as established by law and certified by the department of
			 fisheries.
(4)
			 Surveillance methods will be employed to insure that trespass as well
			 as off-tract harvesting is prevented.
(5) Harvesters must comply with all
			 lease provisions. Noncompliance may result in lease suspension or
			 cancellation upon notification.
(6) Harvesters must comply with all
			 applicable federal, state and local rules and regulations.
			 Noncompliance may result in lease suspension or cancellation upon
			 notification.
(7) If
			 appropriate, the department may secure all necessary permits prior to
			 leasing.
Statutory Authority: RCW 43.30.150. 80-09-005
				  (Order 343), § 332-30-157, filed
				  7/3/80.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-166 - Open water disposal sites

Current through Register Vol. 24-14, July 15, 2024
(1) Open water
			 disposal sites are established primarily for the disposal of dredged material
			 obtained from marine or fresh waters. These sites are generally not available
			 for disposal of material derived from upland or dryland excavation except when
			 such materials would enhance the aquatic habitat.
(2) Material may be disposed of on
			 state-owned aquatic land only at approved open water disposal sites and only
			 after authorized in writing from the department. Applications for use of any
			 area other than an established site shall be rejected. However, the applicant
			 may appeal to the Dredged Material Management Program (DMMP) for establishment
			 of a new site. DMMP consists of the following agencies: The Washington state
			 department of natural resources; the Washington state department of ecology;
			 the U.S. Environmental Protection Agency Region 10; and U.S. Seattle District
			 Army Corps of Engineers.
(3)
			 Application for use of an established site must be for dredged material that
			 meets the approval of federal and state agencies and for which there is no
			 practical alternative upland disposal site or beneficial use such as beach
			 enhancement.
(4) The department
			 will only authorize the site for disposal after:
(a) The U.S. Environmental Protection Agency
			 and Washington department of ecology notify the department that, in accordance
			 with Sections 404 and 401, respectively, of the Federal Clean Water Act, the
			 dredged materials are suitable for in-water disposal and do not appear to
			 create a threat to human health, welfare, or the environment; and
(b) All necessary federal, state, and local
			 permits are acquired.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-170 - Tideland and shoreland exchange

Current through Register Vol. 24-14, July 15, 2024
The department will use this rule when it considers
				exchanging tidelands or shorelands with private individuals or public
				entities pursuant to
				RCW 79.105.400. The
				department may exchange these aquatic lands if the exchange is in the
				public interest and will actively contribute to the public benefits
				established in
				RCW 79.105.030. Those
				benefits are: Encouraging direct public use and access; fostering
				water-dependent uses; ensuring environmental protection; utilizing
				renewable resources; and generating revenue in a manner consistent
				with these benefits. The department may not exchange state-owned
				harbor areas or waterways.
(1)
Eligibility
			 criteria.
The department may consider exchanging ownership of
			 tidelands or shorelands with private and other public landowners if
			 the proposed exchange meets the eligibility criteria set forth in (a)
			 and (b) of this subsection.
(a) The
			 economic values of the parcels must be equal or the exchange must
			 result in a net economic gain to the state. The economic value must
			 be determined by a qualified independent appraiser and/or economist
			 and accomplished through a methodology accepted by the
			 department.
(b) The
			 tidelands or shorelands to be conveyed into state ownership must abut
			 navigable water.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-172 - Geoduck diver safety program

Current through Register Vol. 24-14, July 15, 2024
(1) General.
(a) Beginning January 1, 2015,
			 divers shall annually demonstrate compliance with the geoduck diver
			 safety program established in this section prior to being identified
			 on a department geoduck harvest agreement plan of
			 operations.
(b)
			 Applicants may submit applicable documents and certifications
			 beginning October 1st of each year to verify compliance for the
			 subsequent calendar year. The department will not consider incomplete
			 and/or illegible materials. The department shall review materials in
			 the order they are received and notify divers of their compliance
			 status within thirty-days of receipt of all required
			 documentation.
(c)
			 Applicants may submit applicable materials to the department by
			 certified mail or electronically by e-mail or fax. The department
			 will not accept materials submitted in person.
(d)The department will maintain an
			 electronic database documenting annual compliance with the program.
			 Compliance verification shall expire at the end of a calendar
			 year.
(e)If a plan of
			 operations spans portions of two calendar years, the department shall
			 only verify diver compliance for the calendar year the diver is
			 initially identified on the plan of operations.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-32 - Insect and worm control › Section 332-32-020 - Hemlock looper - Pacific and Wahkiakum counties

Current through Register Vol. 24-14, July 15, 2024
Be it resolved by the board of natural resources,
				department of natural resources, state of Washington: . . .
(1) The board declares and
			 certifies an infestation control district be established for the
			 control, destruction, and eradication of said insect in Pacific and
			 Wahkiakum Counties, to be known as Willapa infestation control
			 district No. 4, and shall include lands within the following
			 boundary:
Those portions of Townships 9 North in Ranges 7, 8,
				9, and 10 West, W.M., lying north of the Columbia River; All of
				Townships 10 North, in Ranges 7, 8, 9, and 10 West, W.M.; Sections 1,
				11, 12, 13, 14, 23, 24, 25, 26, 35, and 36, Township 10 North, Range
				11 West, W.M.; All of Townships 11 North in Ranges 7, 8, 9, and 10
				West, W.M.; Those portions of Township 11 North, Range 11 West, W.M.,
				located on Long Island In Willapa Bay; All of Townships 12 North in
				Ranges 8, 9, and 10 West, W.M.; Those portions of Township 12 North,
				Range 11 West, W.M., located on Long Island; and All of Townships 13
				North in Ranges 8, 9, and 10 West, W.M.
(2) The administrator of the
			 department of natural resources is directed to serve notice upon all
			 owners of timber lands or their agents (in the manner prescribed by
			 law) to proceed without delay to control, destroy, and eradicate the
			 hemlock looper (lambdina fiscellaria lugubrosa hulst) by spraying DDT
			 or other insecticides approved by the administrator of the department
			 of natural resources on the forests infested or threatened with
			 infection by this insect pest.
(3) If within 30 days after notice
			 has been given as prescribed in subsection 2 of this resolution, an
			 owner or agent shall fail, refuse, neglect, or is unable to comply
			 with the terms thereof, the administrator of the department of
			 natural resources shall proceed, as prescribed, with the control,
			 eradication, and destruction of the hemlock looper (lambdina
			 fiscellaria lugubrosa hulst), with or without the cooperation of the
			 owner.
(4) The Willapa
			 infestation control district No. 4 shall remain in effect until the
			 board of natural resources has determined that the insect control
			 work within said district is no longer necessary or feasible,
			 whereupon the board of natural resources may by resolution dissolve
			 the district.
Resolution No. 37, filed
				  3/6/63.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-32 - Insect and worm control › Section 332-32-030 - European pine shoot moth - Walla Walla County

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 board declares and certifies an infestation control district be
			 established for the control, destruction, and eradication of European
			 Pine Shoot Moth (Rhyacionia buoliana (Schiff.)) in Walla Walla
			 County, to be known as the Walla Walla Infestation Control District,
			 and shall include all the lands within said county.
(2) The administrator of the
			 department of natural resources is directed to serve notice upon all
			 owners of timber lands or their agents (in the manner prescribed by
			 law) to proceed without delay to control, destroy, and eradicate the
			 European Pine Shoot Moth by fumigating or by destroying each infested
			 tree or shrub.
(3) If
			 within thirty days after notice has been given as prescribed in
			 subsection (2) of this section, an owner or agent shall fail, refuse,
			 neglect, or is unable to comply with the terms thereof, the
			 administrator of the department of natural resources shall proceed,
			 as prescribed, with the control, eradication, and destruction of the
			 European Pine Shoot Moth, with or without the cooperation of the
			 owner.
(4) The Walla
			 Walla infestation control district shall remain in effect until the
			 board of natural resources has determined that the insect control
			 work within said district is no longer necessary or feasible,
			 whereupon the board of natural resources may by resolution dissolve
			 the district.
Order 5, § 332-32-030, filed
				  3/8/68.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-41 - SEPA policies and procedures › Section 332-41-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
The department of natural resources adopts these
				rules under
				RCW 43.21C.120 (the
				State Environmental Policy Act) and chapter 197-11 WAC (SEPA
				rules).
Statutory Authority:
				  Chapters 43.21C,
				  34.05
				  RCW, WAC
				  197-11-902(2),
				  [197-11]-904(1) and delegation order, November 5, 2001, signature
				  authority to adopt rules. 07-08-021, § 332-41-010, filed
				  3/27/07, effective 4/27/07. Statutory Authority:
				  Chapter 43.21C RCW and RCW
				  43.30.150. 84-18-052 (Order 432), § 332-41-010, filed 9/5/84.
				  Formerly WAC 332-40-010.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-41 - SEPA policies and procedures › Section 332-41-030 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter implements the statewide rules in
				chapter 197-11 WAC as they apply to the department of natural
				resources.
Statutory Authority:
				  Chapter 43.21C RCW and RCW
				  43.30.150. 84-18-052 (Order 432), § 332-41-030, filed 9/5/84.
				  Formerly WAC 332-40-020.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-41 - SEPA policies and procedures › Section 332-41-055 - Additional timing considerations

Current through Register Vol. 24-14, July 15, 2024
(1)
How does this section
			 relate to WAC
			 197-11-055 ?
This section integrates SEPA review into DNR's activities consistent
			 with WAC
			 197-11-055, which DNR
			 has incorporated by reference.
(2)
What are DNR's SEPA
			 considerations prior to issuance of the threshold
			 determination?
DNR should conduct SEPA review consistent with
			 the following guidelines:
(a)
When is lead agency determined?
DNR should determine
			 whether DNR or another agency is the SEPA lead agency within five
			 working days of receiving the nonexempt proposal. See WAC
			 197-11-050 and
			 197-11-922 through
			 197-11-940. If DNR is
			 not the lead agency, DNR shall send the complete environmental
			 checklist and a copy of the permit application or proposal to the
			 lead agency with an explanation of why DNR identified the agency as
			 the lead agency.
(b)
When is exempt status determined?
When DNR receives a
			 permit application or proposal, the agency shall promptly determine
			 whether DNR's SEPA action is "categorically exempt" or statutorily
			 exempt from SEPA. If exempt, and WAC
			 197-11-305 does not
			 remove categorical exempt status, DNR has no further obligation under
			 SEPA.
(c)
Under
			 what circumstances does DNR request an environmental
			 checklist?
If DNR's action is not exempt and DNR is the lead
			 agency, DNR shall ask the proponent to complete an environmental
			 checklist.
(d)
When
			 does DNR not need an environmental checklist?
A checklist is
			 not needed if DNR and the proponent agree an EIS is required, SEPA
			 compliance has been completed, or a NEPA document was completed and
			 found adequate for SEPA requirements.
(e)
When will DNR start
			 environmental review of non-DNR proposals?
DNR shall start a
			 threshold environmental review when DNR receives an application and
			 associated completed environmental checklist.
(f)
When will DNR start
			 environmental review of DNR proposals?
DNR should commence the
			 threshold environmental review of DNR proposals that do not involve a
			 DNR permit when a completed checklist is submitted and the principal
			 features of the proposal and its environmental impacts can be
			 reasonably identified.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-41 - SEPA policies and procedures › Section 332-41-310 - Threshold determination required

Current through Register Vol. 24-14, July 15, 2024
(1)
What are the timing
			 requirements for threshold determinations?
WAC
			 197-11-310 requires
			 that a threshold determination (either of nonsignificance or
			 significance) be made no later than ninety days after the application
			 and supporting documentation are determined to be complete. In most
			 cases, DNR should complete a threshold determination within fifteen
			 days, if possible, except for Class IV forest practices, in which
			 case the threshold determination shall be made within ten days of
			 receiving a complete application, including a complete environmental
			 checklist. Complex proposals, those where additional information is
			 needed, and/or those accompanied by an inaccurate checklist may
			 require additional time. Upon request by a proponent, the responsible
			 official shall select a date for making the threshold determination
			 and notify the proponent of such date in writing.
(2)
When should DNR issue a
			 notice of final determination?
A notice of final determination
			 should be issued after the SEPA comment period for an initial
			 determination of nonsignificance.
(a) This notice should document
			 whether the determination has been:
(i) Retained;
(ii) Modified;
(iii) Delayed; or
(iv) Withdrawn.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-41 - SEPA policies and procedures › Section 332-41-350 - Mitigated determination of nonsignificance (DNS)

Current through Register Vol. 24-14, July 15, 2024
(1)
How may a proponent request an early notice of a determination
			 of significance (DS)?
When DNR is the lead agency, a proponent
			 may ask DNR whether issuance of a DS is likely for a proposal. A
			 non-DNR request for early notice must satisfy three requirements. The
			 request:
(a) Must be in
			 writing;
(b) Shall follow
			 submission of a permit application, if applicable, and environmental
			 checklist; and
(c) Must
			 be received by DNR before DNR issues an initial threshold
			 determination for the proposal.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-41 - SEPA policies and procedures › Section 332-41-421 - EIS preparation under DNR direction

Current through Register Vol. 24-14, July 15, 2024
DNR normally requires a proponent to prepare or help
				prepare draft, final, and supplemental EISs at the proponent's
				expense. An outside consultant may be used to complete an EIS only if
				DNR and the proponent mutually agree upon the consultant. Any
				proponent or consultant preparing an EIS shall do so under DNR's
				direction.
Statutory Authority:
				  Chapters 43.21C,
				  34.05
				  RCW, WAC
				  197-11-902(2),
				  [197-11]-904(1) and delegation order, November 5, 2001, signature
				  authority to adopt rules. 07-08-021, § 332-41-421, filed
				  3/27/07, effective
				  4/27/07.