Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-270 - Puget Sound highway runoff program › Section 173-270-040 - Vegetation management program

Current through Register Vol. 24-14, July 15, 2024
(1) General. The purposes of vegetation
			 management in highway rights of way are to establish and maintain stable plant
			 communities that resist encroachment by undesirable plants, noxious weeds, and
			 other pests; meet WSDOT operational, health, natural resources, and
			 environmental standards; be cost effective; and protect the public investment
			 with minimal negative impacts on the environment.
(2) Program required. WSDOT shall prepare and
			 implement a vegetation management program for all state highways within the
			 Puget Sound basin. WSDOT shall obtain ecology's preliminary approval of the
			 program before WSDOT conducts a public hearing. WSDOT shall formally consult
			 with the tribes and local governments during preparation of the proposed
			 program. After the public hearing, WSDOT shall obtain ecology's approval before
			 WSDOT adopts the program. The program shall be adopted by September 30, 1991.
			 WSDOT and ecology shall review the program at least every two years beginning
			 September 30, 1993. Either ecology or WSDOT may initiate amendment of the
			 program. Amendments shall be prepared, approved, and adopted in accordance with
			 the procedures of this subsection for the initial development of the vegetation
			 management program.
(3) Contents of
			 program.
(a) The vegetation management
			 program shall include, but need not be limited to vegetation management
			 policies; technical guidelines; procedures to implement policies and
			 guidelines; and roadside management plan procedures and standards.
(b) Vegetation management policies. These
			 policies, at a minimum, shall address:
(i)
			 Operational, aesthetic, and environmental standards;
(ii) Integrated pest management;
(iii) Coordination between WSDOT and local
			 governments, abutting property owners, and tribes, including public
			 notification, option to maintain by contiguous property owner and the option to
			 maintain by a preferred management technique of the contiguous property
			 owner;
(iv)
			 Recordkeeping;
(v) Training and
			 education for vegetation management employees; and
(vi) Testing for pesticides at storage,
			 loading, and mixing areas and, if necessary, in groundwater and nearby surface
			 water that may be contaminated by or affected by pesticides.
(c) Technical guidelines. These
			 guidelines, at a minimum, shall address:
(i)
			 Integrated pest management which shall address monitoring, establishing injury
			 levels, setting action levels, selecting treatment, and evaluating treatment.
(A) Monitoring. Monitoring guidelines shall
			 provide for: Identification of the potential pest and/or problem and sensitive
			 areas; and observation of the vegetation on the site, or the site itself for
			 potential pest problems at regular intervals. The schedule and methods of
			 monitoring shall be appropriate to minimize the severity of damage caused by
			 the pest.
(B) Establishing injury
			 levels. Guidelines for establishing injury levels shall provide for
			 determination of when a pest is likely to cause significant damage and require
			 action to prevent unacceptable damage or public safety problems. Accurate
			 records shall be kept so adequate data is available to make decisions. A
			 problem shall be noted before any action is taken.
(C) Setting action levels. Guidelines for
			 setting action levels shall provide for prioritization of target species and
			 determination of when to initiate action so that unacceptable injury levels are
			 not reached.
(D) Selecting
			 treatment. Selection of pest treatment strategies and tactics shall provide for
			 safety of highway users; protect the environment and human health; and provide
			 for the stewardship of the public investment. This shall include an effort to
			 minimize the use of chemical controls.
(E) Evaluating treatment. After pest
			 treatment, the site shall be inspected to determine whether the pest treatment
			 had the desired results. Adequate time shall be provided for the pest treatment
			 to function before it is evaluated. If the pest treatment did not have the
			 desired results, the treatment may be modified. Desired results may be examined
			 to determine if they were realistic and/or appropriate;
(ii) Measures to reduce the amount of
			 pesticides used to the least possible including measures to reduce the use of
			 any state restricted use pesticides on WSDA's list for the protection of
			 groundwater found in WAC 16-228-164;
(iii) Criteria for the selection of
			 pesticides that shall include, but not be limited to, target specificity,
			 toxicity, persistence, migration characteristics, time of application and site
			 conditions of treatment area, including slope and permeability;
(iv) Procedures for sampling and analysis for
			 pesticide contamination in storage, loading, and mixing areas and, if
			 appropriate, groundwater and surface water with the use of Puget Sound
			 protocols for sediment sampling of marine sediment for EPA priority pollutants
			 is recommended where appropriate;
(v) A spill cleanup plan;
(vi) Methods for safe transportation of
			 pesticides;
(vii) A recordkeeping
			 system on pesticide use, including format;
(viii) Criteria for the identification of
			 sensitive areas;
(ix) Buffer zones
			 to protect waters of the state, public and private supply wells and watersheds,
			 irrigation ditches, ecology regulated areas, and sensitive areas;
(x) Pesticide storage including a requirement
			 that pesticides shall be stored in a secure building with an impermeable floor
			 and controlled drains;
(xi)
			 Vegetation selection in accordance with WSDOT's design manual with emphasis
			 given to reduced maintenance; and
(xii) Vegetation management personnel
			 training and education.
(d) Procedures for the implementation of the
			 policies and guidelines.
(e)
			 Procedures and standards for the preparation and implementation of roadside
			 management plans for specific segments of state highway to assist WSDOT field
			 crews manage state highway rights of way according to the approved vegetation
			 management policies and technical guidelines. WSDOT shall consult with affected
			 tribes, local governments, and other interested parties during preparation of
			 these procedures and standards. WSDOT shall consult with affected tribes, local
			 governments, and other interested parties during preparation of roadside
			 management plans. These plans, at a minimum, shall address:
(i) Goals and objectives;
(ii) Identification of sensitive areas and
			 minimum buffer zones;
(iii)
			 Maintenance activities;
(iv) Budget
			 estimates; and
(v) Evaluation
			 methods and standards.