reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-130 - Residential leases

Current through Register Vol. 24-14, July 15, 2024
A lessee desiring a waiver or modification of
				residential lease conditions, as authorized by RCW 79.01.242(5), may
				make a written request to the board and to the department setting
				forth the proposed change and its reasons. The department shall make
				recommendations to the board regarding any such
				proposal.
Statutory Authority: RCW 79.01.242. 84-19-007
				  (Resolution No. 464), § 332-22-130, filed 9/10/84; 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-130, filed
				  1/20/81.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-140 - Expired leases - Occupancy

Current through Register Vol. 24-14, July 15, 2024
(1) Extension of any lease may be
			 authorized by the department for a maximum of one year from date of
			 expiration if it is deemed to be in the best interest of the state.
			 Such extension shall be issued upon such terms and conditions as the
			 department may prescribe which may include an adjustment in
			 rent.
(2) If a proposed
			 use for the premises has not been determined, the department may
			 issue a permit for an interim use to the last lessee for up to a
			 maximum period of five years from date of expiration of the lease.
The permit may be issued in the same general form as
				a lease for a similar use of the premises under such terms and
				conditions as the department may prescribe. Upon expiration or
				termination of the permit, the premises can only be leased at public
				auction.
Statutory Authority: RCW 79.01.242. 84-19-007
				  (Resolution No. 464), § 332-22-140, filed 9/10/84; 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-140, filed
				  1/20/81.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-150 - Temporary use permits

Current through Register Vol. 24-14, July 15, 2024
The board authorizes the department to issue
				temporary use permits of state land not to exceed one year which may
				not be renewed. This permit will only be issued upon receipt of fair
				market value for the period of occupancy.
Statutory Authority: RCW 79.01.242. 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-150, filed
				  1/20/81.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-160 - Performance security

Current through Register Vol. 24-14, July 15, 2024
The department may, at its option, require the lessee
				to file a cash bond, savings account assignment, approved corporate
				surety bond or other form of security satisfactory to the department
				in an amount sufficient to guarantee performance of the terms and
				conditions of the lease or contract. Such security, if required,
				shall be submitted prior to issuance of the lease. The department may
				reduce or increase the amount of the security as a result of
				operational changes requiring different levels of performance. The
				department may allow a lessee to file a single security device
				acceptable to the state, in an amount set by the department covering
				all of the lessee's state leases.
Statutory Authority: Chapter 79.12 RCW, as amended
				  by ESB [EHB] 1277 and RCW 79.01.242. 92-06-003, § 332-22-160,
				  filed 2/20/92, effective
				  3/22/92.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-170 - Geothermal resources lease - Area

Current through Register Vol. 24-14, July 15, 2024
Leases to explore for and develop geothermal
				resources shall not exceed 640 acres or one entire
				government-surveyed section. Leases will be issued at the sole
				discretion of the department and only on land where the state
				controls the surface rights and the agency managing that land
				authorizes this use.
Statutory Authority: Chapter 79.12 RCW, as amended
				  by ESB [EHB] 1277 and RCW 79.01.242. 92-06-003, § 332-22-170,
				  filed 2/20/92, effective
				  3/22/92.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-180 - Geothermal resources lease - Plan of development

Current through Register Vol. 24-14, July 15, 2024
An applicant for a geothermal resources lease shall
				submit a plan of development to the department for approval with the
				lease application and every five years thereafter. The plan of
				development shall describe all activities, improvements, or other
				actions that will contribute to the exploration, development, or
				production of the property for the next five years, including
				scheduled dates for completion.
One hundred and twenty days before each five-year
				anniversary date, the lessee shall deliver to the department, for its
				approval, a detailed plan of development which incorporates the
				results of operations from the previous five years.
Statutory Authority: Chapter 79.12 RCW, as amended
				  by ESB [EHB] 1277 and RCW 79.01.242. 92-06-003, § 332-22-180,
				  filed 2/20/92, effective
				  3/22/92.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-190 - Geothermal resources lease - Term

Current through Register Vol. 24-14, July 15, 2024
Geothermal resources leases shall be for a term of up
				to 55 years, subject every five years to approval by the department
				of the current plan of development. If the lessee fails to
				substantially comply with the plan of development, as determined by
				the department, the department may elect to terminate the
				lease.
Statutory Authority: Chapter 79.12 RCW, as amended
				  by ESB [EHB] 1277 and RCW 79.01.242. 92-06-003, § 332-22-190,
				  filed 2/20/92, effective
				  3/22/92.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-200 - Geothermal resources lease - Annual rental

Current through Register Vol. 24-14, July 15, 2024
The annual rental shall be set by the board of
				natural resources, but for years one through five the annual rental
				shall be not less than $1.25 per acre or $250 whichever is greater,
				and for years six through ten, shall be not less than $2.50 per acre
				or $500 whichever is greater.
Statutory Authority: Chapter 79.12 RCW, as amended
				  by ESB [EHB] 1277 and RCW 79.01.242. 92-06-003, § 332-22-200,
				  filed 2/20/92, effective
				  3/22/92.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-210 - Geothermal resources lease - Production royalty

Current through Register Vol. 24-14, July 15, 2024
Production royalty payments on geothermal resources
				leases shall be payable to the department for geothermal resources
				produced from the lease premises. The schedule of production royalty
				payments and method of calculating fair market value at either the
				well or point of shipment shall be detailed in the lease and plan of
				development: Provided That production royalty rates shall be not less
				than the cumulative amount of;
(a) Ten percent of the gross
			 proceeds received from the sale of such geothermal resources which
			 are derived, generated or manufactured from the premises sufficient
			 for commercial sales, and
(b) Ten percent of the fair market
			 value thereof of products utilized but not sold, and
(c) Ten percent of the gross
			 proceeds for all by-products derived from the leasehold estate.
The department reserves the right to reassess the
				production royalty rate at year twenty of the lease and every ten
				years thereafter, and adjust the rate to the then fair market value,
				however in no case shall the adjusted production royalty be less than
				the 10 percent specified in this section.
Lessee shall have the right to commingle, for the
				purpose of utilizing, selling or processing the products produced
				from the leasehold estate with products produced from other land,
				provided that the lessee shall efficiently meter or gauge the
				production from the leasehold estate in a manner approved by the
				state, in order to compute royalty payable on the products or
				by-products produced from the leasehold estate. The lessee shall
				furnish a sworn statement showing production for accounting periods
				required by the department and pay any royalties
				due.
Statutory Authority: Chapter 79.12 RCW, as amended
				  by ESB [EHB] 1277 and RCW 79.01.242. 92-06-003, § 332-22-210,
				  filed 2/20/92, effective
				  3/22/92.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-220 - Geothermal resources lease - Minimum annual royalty

Current through Register Vol. 24-14, July 15, 2024
At the beginning of lease year eleven, or at the
				beginning of the year in which production starts, whichever occurs
				first, a minimum annual royalty of not less than ten dollars per acre
				per year, or $2,000, whichever is greater, shall be paid to the
				department, and shall replace the annual rental. Minimum annual
				royalty payments shall be credited against production royalties for
				that year. Minimum royalties paid during the term of the lease are
				nonrefundable and nontransferable.
The department reserves the right to reassess the
				minimum annual royalty rate at year twenty of the lease and every ten
				years thereafter, and adjust the rate to the then fair market value,
				however in no case shall the adjusted minimum annual royalty be less
				than the ten dollars per acre, or $2,000 specified in this
				section.
Statutory Authority: Chapter 79.12 RCW, as amended
				  by ESB [EHB] 1277 and RCW 79.01.242. 92-06-003, § 332-22-220,
				  filed 2/20/92, effective
				  3/22/92.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-230 - Geothermal resources lease - Unit plans

Current through Register Vol. 24-14, July 15, 2024
(1) The holder(s) of any geothermal
			 resources lease may apply to the department to consolidate their
			 leaseholding for geothermal resources with other entities, including
			 lands not owned by the state, to collectively adopt and operate as a
			 unit under a unit plan. Such consolidation will not serve to extend
			 the term of the lease and all participants must agree to continue
			 payment of royalties provided in the lease through the life of the
			 unit and any extensions of the plan.
(2) When separate geothermal
			 resource rights under lease cannot be developed and operated
			 independently in accordance with an approved well-spacing or
			 well-development program, the commissioner or the commissioner's
			 delegate may require lessees to enter into a unit plan or drilling
			 agreement with other entities when it is in the best interest of the
			 state.
(3) As a condition
			 for authorization to be part of a unit plan, the commissioner or the
			 commissioner's delegate may alter the terms and conditions of the
			 lease(s) so involved when it is in the best interest of the state to
			 do so, and such authorization may be further conditioned upon, but
			 not limited to the following:
(a)
			 Department access to reports and documents it deems necessary, at the
			 sole discretion of the department, to determine if consolidation of
			 the proposed unit plan is in the best interest of the
			 state.
(b) Leaseholds
			 which are only partially included in the unit shall be segregated
			 into separate leases as to the lands committed and not committed as
			 of the effective date of the unitization. The annual rental or
			 minimum annual royalty shall be paid on the leased acreage in the
			 unit independently from other segregated lease areas.
(c) Any apportionment of production
			 or royalties among the separate tracts of land comprising the unit
			 shall include an accounting system, and the department shall have the
			 right to audit such system to protect the interests of the
			 state.
(d) None of the
			 rights of the state as landholder shall be limited or
			 subordinated.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-240 - Geothermal resources lease - Records

Current through Register Vol. 24-14, July 15, 2024
A geothermal resources lessee shall furnish to the
				lessor copies of all reports required by the Geothermal Resources Act
				(chapter 79.76 RCW).
Statutory Authority: Chapter 79.12 RCW, as amended
				  by ESB [EHB] 1277 and RCW 79.01.242. 92-06-003, § 332-22-240,
				  filed 2/20/92, effective
				  3/22/92.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › ADMINISTRATION › Section 332-24-015 - Invalidity of part of chapter not to affect remainder

Current through Register Vol. 24-14, July 15, 2024
If any provisions of this chapter or its
				  application to any person or circumstance is held invalid, the
				  remainder of the chapter, or the application of the provision to
				  other persons or circumstances, is not affected.
Statutory Authority:
					 RCW 76.04.015. 87-11-005
					 (Order 504), § 332-24-015, filed
					 5/8/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › PERMITS › Section 332-24-201 - Burning permit program - Requirements and exceptions

Current through Register Vol. 24-14, July 15, 2024
Under authority granted in
				  RCW 76.04.015 and
				  76.04.205, the following
				  regulation is hereby promulgated:
(1) The department is responsible,
				by law, for the granting of burning permits for burning on lands it
				protects; and
(2) The
				department administers the protection of air quality as provided in
				chapter 70.94 RCW resulting from
				burning on lands under its protection; and
(3) The department has determined
				that the effects of such burning on life, property and air quality
				are of year-round effect; therefore
(4) Throughout the year, outdoor
				fire is prohibited on lands protected by the department where forest
				protection assessment is being, or is subject to being, assessed
				unless:
(a) A written burning
				permit is obtained from the department and the requirements of WAC
				332-24-205 and
				332-24-221 are
				followed; or
(b) Burning
				meets the regulations outlined in WAC
				332-24-205 and
				332-24-211.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › PERMITS › Section 332-24-205 - General rules-Minimum requirements for all burning

Current through Register Vol. 24-14, July 15, 2024
The following rules apply to all burning regulated
				  by the department:
(1) The
				department reserves the right to restrict, regulate, refuse, revoke
				or postpone outdoor fires under
				RCW
				76.04.205 and
				76.04.315,
				and chapter 70.94 RCW due to adverse fire weather or to prevent
				restriction of visibility, excessive air pollution or a
				nuisance.
(2) Burning
				shall not be allowed within nonattainment areas of the state as
				established by Washington department of ecology for particulate
				matter ten microns or less or carbon monoxide, except for:
(a) Fires for improving and
				maintaining fire dependent ecosystems; or
(b) Fires for training wildland
				firefighters; or
(c)
				Fires set for a defined research project; or
(d) Military training exercises;
				or
(e) The exclusive
				purpose of managing storm or flood-related debris; or
(f) Where exempted by local or
				state air pollution control agencies.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › PERMITS › Section 332-24-211 - Specific rules for small fires not requiring a written burning permit

Current through Register Vol. 24-14, July 15, 2024
In addition to WAC
				  332-24-205, the
				  following rules shall apply to burning regulated by the department
				  that does not require a written burning permit. A written burning
				  permit is not required from the department under the following
				  conditions:
(1) In certain
				geographic areas of the state as designated by the department in
				subsection (3) of this section and when the requirements of
				subsections (4), (5), and (6) of this section are met; or
(2) When the fire is:
(a) Contained within a campfire
				pit, approved by the department, located in a state, county,
				municipal, or other campground;
(b) Contained within a camp stove
				or barbecue;
(c) A
				hand-built pile no larger than four feet in diameter that is being
				used exclusively for recreational purposes; and
(d) Situated on bare soil, gravel
				bars, beaches, green field, or other similar areas free of flammable
				material for a sufficient distance adequate to prevent the escape of
				fires.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › PERMITS › Section 332-24-217 - Burning permit requirements - Penalty

Current through Register Vol. 24-14, July 15, 2024
Failure to comply with the rules in chapter 332-24
				  WAC voids permission to burn. Any person burning without complying
				  with chapter 332-24 WAC is in violation of
				  RCW 76.04.205 and
				  chapter 70.94 RCW. Convictions or
				  bail forfeitures in connection with illegal burning under chapter
				  332-24 WAC may result in refusal to issue further permits for a
				  two-year period from the date of the illegal burning. In addition to
				  any other fines and penalties that may be imposed, the department may
				  charge and recover costs from the person responsible for any response
				  to control or extinguish an illegal fire caused in part or in whole
				  by negligent acts or omissions.
Statutory Authority:
					 RCW 76.04.015,
					 76.04.205 and 70.94.660.
					 92-14-096 (Order 599), § 332-24-217, filed 6/30/92, effective
					 7/31/92.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › PERMITS › Section 332-24-221 - Specific rules for burning that requires a written burning permit

Current through Register Vol. 24-14, July 15, 2024
Persons not able to meet the requirements of WAC
				  332-24-205 and
				  332-24-211 must apply
				  for a written burning permit through the department. In addition to
				  the rules outlined in WAC
				  332-24-205, the
				  following are additional requirements for written permits:
(1) Fees for written burning
				permits will be charged and collected pursuant to
				chapter 70.94 RCW and shall be
				one hundred five dollars fifty cents for under one hundred tons of
				consumable debris; and for burns one hundred tons of consumable
				debris and greater as follows:
Consumable Debris
Fee schedule
100
-
500 tons
$357
501
-
1,000 tons
846
1,001
-
1,500 tons
1,356
1,501
-
2,000 tons
1,869
2,001
-
2,500 tons
2,380
2,501
-
3,000 tons
2,893
3,001
-
3,500 tons
3,402
3,501
-
4,000 tons
3,914
4,001
-
4,500 tons
4,427
4,501
-
5,000 tons
4,938
5,001
-
5,500 tons
5,451
5,501
-
6,000 tons
5,962
6,001
-
6,500 tons
6,476
6,501
-
7,000 tons
6,987
7,001
-
7,500 tons
7,499
7,501
-
8,000 tons
8,011
8,001
-
8,500 tons
8,523
8,501
-
9,000 tons
9,035
9,001
-
9,500 tons
9,548
9,501
-
10,000 tons
10,057
10,001
+
tons
10,395 plus $0.50 per ton for tons over
								10,000
For purposes of this section, consumable debris is
				  the amount of debris that the department determines will be consumed
				  by the proposed burning.
(2) Written burning permits are not
				considered valid unless all of the following conditions apply:
(a) The written permit has been
				signed by the applicant agreeing to follow all requirements of
				chapter 332-24 WAC, the smoke management plan in effect at the time
				of the burning, and any additional terms and conditions specified by
				the department in writing; and
(b) The required permit fee has
				been secured or paid according to approved department procedures;
				and
(c) The person doing
				the burning has the permit in possession while burning and is
				complying with all terms and conditions of such permit, the smoke
				management plan in effect at the time of the burning, and all
				applicable portions of chapter 332-24 WAC.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › PERMITS › Section 332-24-261 - Dumping mill waste, forest debris - Creation of a fire hazard - Permits

Current through Register Vol. 24-14, July 15, 2024
(1) Forest debris or mill waste
				dumped in the following manner on or near forest land shall
				constitute a forest fire hazard and require a dumping permit:
(a) Piles of fifty cubic yards or
				more; or
(b) Two or more
				piles totaling fifty cubic yards or more, less than three hundred
				feet apart; or
(c) A pile
				less than three hundred feet from a pile placed by another where such
				piles would total fifty cubic yards or more; or
(d) When dumped adjacent to piles
				of fifty cubic yards or more which were in existence before August 9,
				1971; or
(e) When dumped
				in smaller quantities or greater distances than above when such
				dumpings are likely to support, intensify or further spread the fire,
				thereby threatening forest land and/or endangering life or property;
				however forest debris accumulated on forest land from logging or
				silvicultural activities on the land on which such activities took
				place, or activities regulated by
				RCW 76.04.650, shall not
				be subject to the permit requirement of this section, except when
				forest debris accumulated on land clearing or right of way projects
				subject to
				RCW 76.04.650 is taken
				away from such areas and dumped.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › PERMITS › Section 332-24-271 - Fires for improving and maintaining fire dependent ecosystems

Current through Register Vol. 24-14, July 15, 2024
(1) All burning to improve and
				maintain fire dependent ecosystems within Conservation Areas and
				Natural Area Preserves shall be accomplished under a burning plan
				that has been approved by the department's land and water
				conservation division and fire control division managers. The burning
				plan must be a part of a total management plan approved by the land
				and water conservation division.
(2) Burning for this purpose may be
				allowed inside nonattainment areas, or urban growth areas.
(3) Burning for this purpose shall
				not be allowed during periods of air pollution episodes or air
				quality impairment called under chapter 173-425 WAC.
Statutory Authority:
					 RCW 76.04.015,
					 76.04.205 and 70.94.660.
					 92-14-096 (Order 599), § 332-24-271, filed 6/30/92, effective
					 7/31/92.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › CLOSURE/SUSPENSIONS › Section 332-24-301 - Industrial restrictions

Current through Register Vol. 24-14, July 15, 2024
(1) When in the opinion of the
				regional manager, for the department's administrative region, weather
				conditions arise which present a hazard to lands protected by the
				department, whereby life and property may be endangered, the regional
				manager, through the authority granted the department in
				RCW 76.04.015 and
				76.04.325, may designate
				industrial precaution levels thereby regulating logging, land
				clearing or other industrial operations which may cause a fire to
				start on or adjacent to forest lands. The restrictions shall be for
				periods designated and shall only affect those portions of the state
				under the administrative jurisdiction of the area manager.
(2) In making a decision as to when
				restrictions or shutdowns should occur, the area manager shall
				utilize available information as to current and projected fire
				danger, current and projected weather, current fire activity and
				available resources for fire suppression.
(3) All persons performing logging,
				land clearing or other operations which may cause a fire to start on
				or adjacent to forest lands shall comply with the restrictions
				described in the designated industrial precaution level.
(a) The industrial fire precaution
				levels shall be:
(i) Level 1. Closed
				season - Fire precaution requirements are in effect. A fire
				watch/security is required at this and all higher levels unless
				otherwise waived.
(ii)
				Level 2. Partial hootowl - The following may operate only between the
				hours of 8 p.m. and 1 p.m. local time:
Power saws except at loading sites;
Cable yarding;
Blasting;
Welding or cutting of metal.
(iii) Level 3. Partial shutdown -
				The following are prohibited except as indicated:
Cable yarding - except that gravity operated
				  logging systems employing nonmotorized carriages or approved
				  motorized carriages may operate between 8 p.m. and 1 p.m. when all
				  block and moving lines, except for the line between the carriage and
				  the chokers, are suspended ten feet above the ground;
Power saws - except power saws may be used at
				  loading sites and on tractor/skidder operations between the hours of
				  8 p.m. and 1 p.m. local time.
In addition, the following are permitted to operate
				  between the hours of 8 p.m. and 1 p.m. local time:
Tractor, skidder, feller-buncher, forwarder, or
				  shovel logging operations where tractors, skidders, or other
				  equipment with a blade capable of constructing fireline, are
				  immediately available to quickly reach and effectively attack a fire
				  start;
Mechanized loading and hauling of any product or
				  material;
Blasting;
Welding or cutting of metal.
(iv) Level 4. General shutdown -
				All operations are prohibited.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › FIRE PROTECTION REGULATIONS › Section 332-24-401 - Felling of snags

Current through Register Vol. 24-14, July 15, 2024
(1) Snags within areas of extreme
				fire hazard requiring abatement, as defined by WAC
				332-24-005(28),
				shall be felled concurrently with the logging operation, unless:
(a) Such snag contains a visible
				nest of a species of wildlife designated by the United States Fish
				and Wildlife Service as threatened or endangered; or
(b) The department, upon written
				request of the landowner, determines, in writing, that such snag does
				not represent a substantial deterrent to effective fire control
				action.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › FIRE PROTECTION REGULATIONS › Section 332-24-405 - Spark emitting equipment requirements

Current through Register Vol. 24-14, July 15, 2024
It shall be unlawful for anyone to operate, during
				  the closed season as defined in
				  RCW 76.04.005, any
				  steam, internal combustion, electric engines or any other devices
				  which emit sparks on any forest land or any other place where, in the
				  opinion of the department, fire could be communicated to forest land
				  without first complying with the following requirements for equipment
				  or operations:
(1)
				Fixed-position machine:
(a) Two
				fire extinguishers, each of at least a 5 B C rating;
(b) An approved exhaust
				system;
(c) An
				appropriately mounted shovel.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › FIRE PROTECTION REGULATIONS › Section 332-24-409 - Electrical fence controllers

Current through Register Vol. 24-14, July 15, 2024
Electrically caused fires present a hazard to the
				  health and safety of the people of Washington, therefore:
(1) No person shall use or energize
				any uncertified electrical fence controller on any forest land in the
				state of Washington except during the months of November, December,
				January, February, and March: Provided, That this section shall not
				be construed to mean that the person may not have, establish,
				install, or erect such an uncertified electrical fence controller
				which does not contain a current of electricity during the prohibited
				months.
(2) No person
				shall sell, offer for sale, or dispose of by gift or otherwise to any
				consumer or user in the state of Washington, any uncertified
				electrical fence controller without informing that consumer or user
				that the electrical fence controller is uncertified.
(3) Certified electrical fence
				controllers may be maintained, used, sold, offered for sale, disposed
				of by gift or otherwise without restriction.
(4) The responsibility of
				presenting sufficient evidence of certification such as the
				Underwriters Laboratories label, brand name, model number, etc.,
				shall be upon the user.
(5) Failure to present sufficient
				evidence of certification such as Underwriters Laboratories label,
				brand name, model number, etc., at an inspection of the usage of
				electrical fence controllers during the months prohibited by
				subsection (1) of this section, shall be prima facie evidence of
				noncompliance with the provision of this regulation.
Statutory Authority:
					 RCW 76.04.015. 91-20-060
					 (Order 583), § 332-24-409, filed 9/24/91, effective
					 10/16/91.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › FIRE PROTECTION REGULATIONS › Section 332-24-411 - Substitution, reduction, or increase of requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department may accept serviceable equivalents to any of the
				requirements in WAC
				332-24-405. Such
				substitutions must be made in writing by the department.
(2) The department may, by written
				permission, reduce the requirements set forth in WAC
				332-24-405 whenever, in
				the opinion of the department, the operation is of such type or
				location and/or weather is such that all the requirements are not
				needed for the protection of life and property.
(3) The department may, in writing,
				require additional equipment, above the requirements of WAC
				332-24-405 for fire
				protection in those areas known to have had rapid fluctuations of
				extreme fire weather and/or concentrations of additional
				hazards.
Statutory Authority:
					 RCW 76.04.015. 87-11-005
					 (Order 504), § 332-24-411, filed
					 5/8/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › ASSESSMENTS, OBLIGATIONS, FUNDS › Section 332-24-600 - Forest fire protection assessment refund procedure

Current through Register Vol. 24-14, July 15, 2024
This section implements the provisions of
				  RCW
				  76.04.610, which provides that an
				  owner of forest land owning two or more parcels, each containing less
				  than fifty acres in a county, may obtain a refund of the assessments
				  paid on all such parcels over one.
(1) The forest landowner must:
(a) Obtain a forest fire protection
				assessment refund form from any department or county treasurer
				office;
(b) Complete
				refund form per instructions on form;
(c) Pay taxes and assessments to
				county treasurer and obtain treasurer's signature on refund form to
				verify assessments have been paid in full;
(d) Mail refund form before
				December 31 of the year the assessments are due to: Department of
				Natural Resources, Wildfire Division, Olympia, WA 98504.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › HAZARD ABATEMENT › Section 332-24-650 - Extreme fire hazard requiring abatement

Current through Register Vol. 24-14, July 15, 2024
A forest landowner shall be absolutely liable for
				  fire suppression costs for any fire that occurs and abatement is
				  required under the following conditions:
(1) Any additional fire hazard
				within a distance of one hundred feet from the closest edge of the
				running surface of any state or federal highway, county road or
				railroad;
(2) Any
				additional fire hazard within a distance of one hundred feet from the
				closest edge of the running surface of any other road, as hereinafter
				defined, that is generally open to and frequently used by the public
				during periods of fire danger. For the purpose of these rules and
				regulations, the term "other road" shall be defined as those roads
				owned or controlled by private individuals, partnerships or
				corporations, or by public agencies, including, without limitation,
				the department or the United States Forest Service, and which provide
				the principal access during periods of fire danger where normal use
				is seventy-five vehicles or more per week to geographic features of
				significant public interest and use such as lakes, streams,
				established viewpoints, lava tubes, ice caves, features of unique
				geological interest, recreational parks and developments or other
				facilities intended for frequent public use;
(3) Any additional fire hazard
				within a distance of two hundred feet, if required in writing by the
				department, and up to a maximum of five hundred feet, adjacent to
				public campgrounds, school grounds, other areas of frequent
				concentrated public use, buildings in use as residences (furnished
				and being occupied or available for immediate occupancy) and other
				buildings or structures valued at one thousand dollars or more, which
				are not owned by the owner of the land upon which such additional
				fire hazard exists;
(4)
				The department may identify other specific areas of additional fire
				hazard, with comparable high risk of ignition and/or a threat to life
				and property and, upon written notification, require
				abatement.
Statutory Authority:
					 RCW 76.04.015. 87-11-005
					 (Order 504), § 332-24-650, filed
					 5/8/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › HAZARD ABATEMENT › Section 332-24-652 - Extreme fire hazard - Eight hundred contiguous acres

Current through Register Vol. 24-14, July 15, 2024
(1) A
				forest landowner shall be absolutely liable for fire suppression
				costs for any fire that occurs within an extreme fire hazard created
				by eight hundred or more contiguous acres of additional fire hazard
				when:
(a) The additional fire
				hazard's origin is less than five years, except when:
(i) The material is fifty percent
				or more Douglas fir by volume, the time of origin shall be less than
				eight years; or
(ii) The
				material is fifty percent or more cedar by volume, the time of origin
				shall be less than twenty years.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › HAZARD ABATEMENT › Section 332-24-654 - Extreme fire hazard - Liability - Responsibility

Current through Register Vol. 24-14, July 15, 2024
(1)
				Liability for the existence of an extreme hazard arises upon creation
				of the extreme hazard. No written notification by the department of
				its existence is required. Liability shall include any department
				suppression costs incurred during the act(s) of isolating, reducing
				or abating the extreme hazard.
(2) The owner(s) and/or person(s)
				responsible for the existence of an extreme fire hazard requiring
				abatement, as defined in WAC
				332-24-650, shall abate
				the extreme fire hazard. The obligation to abate shall extend equally
				to all acreages of the extreme fire hazard, regardless of the number
				of owner(s) and/or person(s) responsible for its existence. The
				liability for the existence of the extreme fire hazard continues
				until the extreme fire hazard is abated.
(3) The owner(s) and/or person(s)
				responsible for the existence of an extreme fire hazard, as defined
				in WAC
				332-24-652, may isolate
				and/or reduce the extreme fire hazard to remove the absolute
				liability associated with its existence. The liability assumed for
				the existence of the extreme fire hazard shall extend equally to all
				acreages involved, regardless of owner(s) and/or person(s)
				responsible for its existence. Isolation, when used, must be
				maintained for a period of eight years from creation of the extreme
				fire hazard, unless the extreme fire hazard is otherwise eliminated
				prior to that time. Isolation and/or reduction may be performed in
				any manner consistent with existing statutes, these regulations or as
				approved in writing by the department.
Statutory Authority:
					 RCW 76.04.015. 87-11-005
					 (Order 504), § 332-24-654, filed
					 5/8/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › HAZARD ABATEMENT › Section 332-24-658 - Recovery of costs

Current through Register Vol. 24-14, July 15, 2024
The department may, following ten days' notice to
				  the owner(s) and/or person(s) responsible for an extreme fire hazard
				  that must be abated, summarily cause it to be abated, except that
				  broadcast burning shall not be used by the department as an abatement
				  procedure without prior written consent of all the owner(s) and/or
				  person(s) responsible. This summary action may be taken ten days
				  after notice as required by
				  RCW 76.04.660.
				  Obligations for recovery of costs incurred by the department shall be
				  in accordance with
				  RCW 76.04.660 and shall
				  be prorated by the department to the owner(s) and/or person(s)
				  responsible for the extreme fire hazard on the ratio of their acres
				  of involvement to the total acres involved.
Statutory Authority:
					 RCW 76.04.015. 87-11-005
					 (Order 504), § 332-24-658, filed
					 5/8/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › HAZARD ABATEMENT › Section 332-24-660 - Approved isolation, reduction, or abatement - Relief of liability

Current through Register Vol. 24-14, July 15, 2024
The owner(s) and/or person(s) responsible for an
				  extreme fire hazard may identify, in writing, the procedures, or the
				  natural or other processes which were taken to abate, isolate or
				  reduce the extreme fire hazard and request the department to declare,
				  in writing, whether the area does or does not constitute an extreme
				  hazard. Absence of such a request on the part of the owner(s) and/or
				  person(s) responsible for an extreme fire hazard will not prejudice
				  their defense in the event of a fire.
As an alternative, the owner(s) and/or person(s)
				  responsible may implement a plan of increased protection, which has
				  received prior written approval of the department, for the specific
				  location.
Statutory Authority:
					 RCW 76.04.015. 87-11-005
					 (Order 504), § 332-24-660, filed
					 5/8/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-24 - Forest protection › HAZARD ABATEMENT › Section 332-24-900 - Captions - Chapter 332-24 WAC

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter, subchapter and section
				  captions constitute no part of the law.
Statutory Authority:
					 RCW 76.04.015. 87-11-005
					 (Order 504), § 332-24-900, filed
					 5/8/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-100 - Introduction

Current through Register Vol. 24-14, July 15, 2024
Subsection (2)(e) of this section shall not apply to
				port districts managing aquatic lands under a management agreement
				(WAC
				332-30-114 ).
				State-owned aquatic lands include approximately 1,300 miles of
				tidelands, 6,700 acres of constitutionally established harbor areas
				and all of the submerged land below extreme low tide which amounts to
				some 2,000 square miles of marine beds of navigable waters and an
				undetermined amount of fresh water shoreland and bed. These lands are
				managed as a public trust and provide a rich land base for a variety
				of recreational, economic and natural process activities. Management
				concepts, philosophies, and programs for state-owned aquatic lands
				should be consistent with this responsibility to the public.
These lands are "a finite natural resource of great
				value and an irreplaceable public heritage" and will be managed to
				"provide a balance of public benefits for all citizens of the state."
				(RCW 79.105.010,
				79.105.020, and
				79.105.030 )
(1)
Management goals.
Management of state-owned aquatic lands will strive to:
(a) Foster water-dependent
			 uses;
(b) Ensure
			 environmental protection;
(c) Encourage direct public use and
			 access;
(d) Promote
			 production on a continuing basis of renewable resources;
(e) Allow suitable state aquatic
			 lands to be used for mineral and material production; and
(f) Generate income from use of
			 aquatic lands in a manner consistent with the above goals.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-103 - Purpose and applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter applies to all
			 state-owned aquatic lands. Except when specifically exempted, this
			 chapter applies to aquatic lands covered under management agreements
			 with port districts (WAC
			 332-30-114 ).
(2) These regulations do not
			 supersede laws and regulations administered by other governmental
			 agencies covering activities falling under their jurisdiction on
			 these same lands.
(3)
			 These regulations contain performance standards as well as
			 operational procedures to be used in lease management, land use
			 planning and development actions by the department and port
			 districts. These regulations shall apply each to the department and
			 to the port districts, when such districts manage aquatic lands as
			 the result of management agreements, and neither entity shall impose
			 management control over the other under these regulations except as
			 provided for in such management agreements.
Statutory Authority: RCW 79.90.105, 79.90.300,
				  79.90.455, 79.90.460, 79.90.470, 79.90.475, 79.90.520, 79.68.010,
				  79.68.68 [79.68.080], and chapter 79.93 RCW. 85-22-066 (Resolution
				  No. 500), § 332-30-103, filed 11/5/85. Statutory Authority: RCW
				  43.30.150. 80-09-005 (Order 343), § 332-30-103, 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 332-30-107 - Aquatic land planning

Current through Register Vol. 24-14, July 15, 2024
Subsection (4) of this section shall not apply to
				port districts managing aquatic lands under a management agreement
				(WAC
				332-30-114 ).
(1)
Multiple use.
The
			 aquatic lands of Washington are a limited and finite resource.
			 Management of these lands will allow for multiple use by compatible
			 activities to the greatest extent feasible.
(2)
Planning
			 objectives.
Aquatic land management will strive for the best
			 combination of aquatic uses to achieve the goals in WAC
			 332-30-100. Planning
			 should allow for a variety of uses and activities, such as
			 navigation; public use; production of food; energy; minerals and
			 chemicals; and improvement of aquatic plant and animal habitat,
			 occurring simultaneously or seasonally on state-owned aquatic
			 lands.
(3)
Shoreline management.
The Shoreline Management Act and
			 shoreline master program planning, together with supplemental
			 planning as described in subsection (5) of this section, will be the
			 primary means for identifying and providing appropriate uses of
			 statewide value.
(4)
Coordination.
Coordination with shoreline management
			 programs will be accomplished by:
(a) Identifying aquatic land areas
			 of particular statewide value for public access, habitat and
			 water-dependent and renewable resource use.
(b) Informing appropriate shoreline
			 planning bodies of the location and particular value of aquatic lands
			 identified in (a) of this subsection.
(c) Participating in shoreline
			 planning and suggesting ways to incorporate and balance statewide
			 values.
(d) Proposing to
			 the appropriate local jurisdiction that shoreline plans be updated
			 when new information concerning statewide values becomes available or
			 when existing plans do not adequately address statewide
			 values.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-108 - Establishment of new harbor areas

Current through Register Vol. 24-14, July 15, 2024
(1) The policies and standards in
			 this section apply to establishment of new harbor areas by the harbor
			 line commission under Article XV of the Washington Constitution and
			 to establishment of new harbor areas in Lake Washington by the
			 commissioner of public lands under
			 RCW
			 79.125.520.
(2) New harbor areas will only be
			 established to serve the following purposes:
(a) Reserving adequate urban space
			 for navigation and commerce facilities; and
(b) Preventing urban development
			 from disrupting navigation.