reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter:
(1) "Carrying capacity" is the
			 acreage required to adequately provide forage for an animal unit (AU)
			 for a specified period without inducing deterioration of vegetation
			 condition or soil;
(2)
			 "Range condition" is the relation between current and potential
			 condition of the range site;
(3) "Animal unit" (AU) is equal to
			 one cow and her nursing calf or their equivalent;
(4) "Sheep unit" is equal to one
			 ewe and her nursing lamb or their equivalent;
(5) "Free use permit" is a permit
			 given in exchange for the use of land that is owned or controlled by
			 a permittee and is within a permit range;
(6) "On and off permit" is a permit
			 issued to an owner of range land within a permit range which
			 authorizes the use of an entire range area but establishes no
			 preference right;
(7)
			 "Bonus bid" is a sum of money offered for a grazing permit on state
			 land in addition to regular annual charges and is to be paid once at
			 the time of the execution of the grazing permit;
(8) "Commissioner" means the
			 commissioner of public lands;
(9) "Department" means the
			 department of natural resources as defined in
			 RCW 43.30.030;
(10) "Board" means the board of
			 natural resources as defined in RCW 43.30.040;
(11) "Area" means the field
			 administration unit of the department of natural resources;
(12) "Person" includes any public
			 or private corporation as well as an individual or
			 partnership;
(13) "Base
			 ranch property" means a place on which to hold and feed the permitted
			 units of livestock prior to and after the grazing season;
(14) "Nonuse" means that no
			 livestock will be turned out on the permit range;
(15) "Demit" means that less than
			 ninety percent of the permitted or allowed animal units are turned
			 out on the permit range;
(16) "Crossing permit" is a
			 temporary permit to allow livestock to utilize forage while crossing
			 state-owned or controlled land;
(17) "Operational permit" is a
			 temporary permit to allow horses or pack animals to be on state-owned
			 or controlled land while operating a commercial enterprise.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-030, filed 10/7/83; Rules
				  (part), filed 12/3/63.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-050 - Grazing permit - Qualifications

Current through Register Vol. 24-14, July 15, 2024
No person shall hold a permit on state land until
				they have attained the age of eighteen. The applicant must have two
				years of experience in the grazing or handling of livestock or
				education in range or livestock management and financial resources to
				carry out the proposed grazing operation.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-050, filed 10/7/83; Rules
				  (part), filed 12/3/63.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-160 - Permit range allotments

Current through Register Vol. 24-14, July 15, 2024
State lands suitable for grazing may be divided into
				permit range allotments as may be deemed practical by the department.
				Allotments may include nonstate lands under special arrangements with
				the owner. For each allotment the department may:
(1) Establish the kind and number
			 of livestock to be permitted thereon;
(2) Establish the period of
			 grazing;
(3) Regulate the
			 entry of livestock; and
(4) Develop and establish the most
			 practical and efficient methods of stock management, forage
			 utilization, and range improvements.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-160, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulations § I, effective
				  6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-170 - Special use grazing permits - Issuance

Current through Register Vol. 24-14, July 15, 2024
The department may issue special use grazing permits
				on range allotments under the following conditions:
(1) Every person must submit an
			 application to the department for a special use grazing permit on
			 state lands or other lands administered in connection
			 therewith;
(2) The
			 department may require permittees to give good and sufficient bond to
			 insure payment of all damages sustained by the state through
			 violation of regulations or terms of the permit;
(3) Special use permits may be
			 issued for a term not to exceed five years;
(4) Special use permits shall be
			 validated each year by letter from the department to the
			 permittee;
(5) Special
			 use permits may be issued for the following purposes:
(a) On and off permits may be
			 issued and requirements imposed to herd or handle the livestock to
			 prevent trespassing on range that is not subject to the
			 permit;
(b) Crossing
			 permits may be issued to those persons wishing to drive livestock
			 across state lands or range allotments;
(c) Operational permits may be
			 issued to persons for livestock actually needed in conducting
			 permitted or commercial operations on state lands or range
			 allotments;
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-180 - Preference grazing permits

Current through Register Vol. 24-14, July 15, 2024
A preference establishes eligibility to persons for
				grazing permits on state range allotments. A permit authorizes the
				grazing of livestock under specific conditions and expires on a
				specified date. A preference continues until cancelled or revoked.
				Preference permits are issued under the following conditions:
(1) A person may acquire such
			 permit by authorized prior use, gift, or by transfer through purchase
			 or inheritance of base ranch property or livestock;
(2) The ownership or control of
			 base ranch property must be maintained;
(3) A permittee must be the owner
			 of the livestock placed on state ranges under his permit. Cattle must
			 carry the brand of the person holding the preference
			 permit;
(4) Preference
			 permits may not be assigned or used by any person other than the
			 permittee except by prior written consent of the
			 department;
(5) No person
			 shall hold a preference permit authorizing grazing in excess of 600
			 animal units;
(6)
			 Preference permits may be granted to the holders of temporary permits
			 only after such temporary permits have been held for a minimum period
			 of five years;
(7) Nonuse
			 of preference permits not in excess of three years for any seven-year
			 period is permissible, provided approval of the department is first
			 obtained and prescribed nonuse fees are paid; and
(8) Demits may be allowed provided
			 approval of the department is first obtained and demit fees are
			 paid.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-180, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulations § III (part),
				  effective 6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-191 - Grazing permits - Legal effect

Current through Register Vol. 24-14, July 15, 2024
Grazing permits transfer no right, title, or interest
				in any lands or resources held by the department except authorized
				livestock forage.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-191, filed
				  10/7/83.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-200 - Grazing preference permits - Established ranges

Current through Register Vol. 24-14, July 15, 2024
The department may grant preference permits for use
				of established livestock ranges upon consideration of the following
				factors:
(1) Authorized
			 prior use;
(2) Base ranch
			 property;
(3) Capacity of
			 the range; and
(4)
			 Conversion of a temporary permit.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-200, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulations § III (part),
				  effective 6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-210 - Temporary grazing permits

Current through Register Vol. 24-14, July 15, 2024
Where new permit range allotments are established or
				where additional area is added to existing allotments, a temporary
				grazing permit may be issued for a maximum of five years.
A temporary grazing permit will be issued on the
				basis of the highest cash bonus offer received by sealed or oral
				public auction bids from qualified applicants. An applicant must
				qualify in base ranch property and ownership of livestock.
Before a temporary grazing permit is offered for
				sealed or oral public auction bidding the carrying capacity,
				permitted units, and grazing season for the range will be determined
				and advertised. The bidding will be on a cash bonus over and above
				the annual grazing fee. Temporary grazing permits will be annually
				validated and may be conditioned or limited by the department based
				upon range condition and carrying capacity.
When the increased capacity of a range results from
				range improvement work performed by the expenditures of a holder of a
				preference permit when such work is done with the department's
				written approval, the holder of the preference permit shall have the
				right to obtain a temporary grazing permit by meeting the highest
				cash bonus offer made by a qualified applicant at
				auction.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-210, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulations § III (part),
				  effective 6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-215 - Free use authorization

Current through Register Vol. 24-14, July 15, 2024
Free use authorization will be for a specific number
				of animal units and will be incorporated in department permits.
				Authorization will be given in exchange for grazing use of lands
				owned or controlled by a permittee and used within a permit range.
				Such land will be a part of the total permit and will allow other
				permittees use of the grazing resource.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-215, filed
				  10/7/83.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-220 - Grazing permits - Fees - Annual adjustments

Current through Register Vol. 24-14, July 15, 2024
A fee will be charged for the grazing of all
				livestock on state lands. The grazing fee will be determined by use
				of a formula indicated below. The fees so established shall be
				adjusted annually by relation to market prices of livestock for the
				previous year. Further adjustments in the formula may be made by the
				department as additional information or changing conditions
				require.
Grazing fee formula:
L x S x G x P+
							 A
(1+ LHT)
= AUM Fee
AUM Fee x Unit Equivalent x M = AUM
							 Charge
Symbol explanation:
L -
Proportion of average stockman's investment
							 assigned to land.
S -
Landlord's fair share of land
							 income.
G -
Average pound gain in livestock weight for
							 permitted grazing season, cattle and sheep to be separately
							 computed.
P -
Average past year's selling price of
							 livestock per pound from the reports of the Agricultural Marketing
							 Service of the United States Department of Agriculture.
LHT -
The leasehold tax as established by law and
							 administered by the state department of revenue.
M -
Number of months in permitted grazing
							 season.
A -
Permittee's share of assessments on permit
							 range lands.
AUM Fee -
Fee to be charged per animal unit month of
							 grazing.
For purposes of unit equivalent per animal, the
				following ratios will apply:
Cattle:
Cow and calf
1.0 Animal Unit
Cow
1.0
Bull
1.0
Yearling
.66
Fall calf
.5
Two year old
1.0
Horses
1.5
Sheep:
Ewe and one lamb
1.0 Sheep Unit
Ewe and twin lambs
1.2
Ram
1.0
Ewe
1.0
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-220, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulations § IV (part),
				  effective 6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-230 - Grazing permits - Payment of fees in advance

Current through Register Vol. 24-14, July 15, 2024
All grazing permit fees will be paid in advance of
				the opening date of grazing periods or as otherwise authorized by the
				department.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-230, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulations § IV (part),
				  effective 6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-250 - Grazing permit - Termination

Current through Register Vol. 24-14, July 15, 2024
The department may cancel or suspend grazing permits
				or preferences, in whole or in part, for a violation of the terms of
				the permit or of these regulations.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-250, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulations § V, effective
				  6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-260 - Decision review allowed

Current through Register Vol. 24-14, July 15, 2024
Any decision by the department on range matters may
				be reviewed with the area manager of the respective area. If the area
				manager cannot settle the matter, it will be forwarded to the
				department supervisor.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-260, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulations § VI, effective
				  6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-270 - Associations and boards

Current through Register Vol. 24-14, July 15, 2024
In order to obtain a collective expression of views
				and recommendations of the state grazing permittees concerning the
				management and administration of state lands, and to encourage
				maximum participation by permittees in actual management of the range
				where not provided for by other regulations, the department shall
				provide for recognition of and cooperation with the various groups of
				permittees as follows:
(1)
			 Livestock associations with advisory boards representing the range
			 users of state lands; and
(2) Advisory boards without
			 associations representing the range users of state land.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-270, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulations § VII (part),
				  effective 6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-290 - Informal recommendations

Current through Register Vol. 24-14, July 15, 2024
The department recognizes the public interest in its
				management of state lands and the multiple use of these lands. The
				department is directed to give full consideration to the expressions
				of the views of any interested person, industry, or organization for
				the equitable solution of competing public
				interests.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-290, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulation § VII (part),
				  effective 6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-300 - Laws and regulations relating to livestock

Current through Register Vol. 24-14, July 15, 2024
The department will cooperate with the state, county,
				and federal officers in the enforcement of all the laws and
				regulations relating to livestock health including:
(1) Compliance with livestock
			 quarantine regulations and such other sanitary measures as may appear
			 necessary to prevent nuisances and ensure proper sanitary conditions
			 on state range lands; and
(2) Requiring owners of all
			 livestock which are allowed to cross any state range lands to comply
			 with local livestock laws of the state of Washington and the county
			 where the state land is located.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-300, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulation § VII (part),
				  effective 6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-320 - Grazing permits - Range improvement

Current through Register Vol. 24-14, July 15, 2024
Agreements must be made with the department in
				connection with the construction of range improvements on state range
				lands. Such agreements must address ownership of the improvements and
				its disposition at the end of the permit term. Grazing permit fees
				may be adjusted to compensate permittees for the construction of
				range improvements or performance of range conservation practices
				where prior written approval has been given by the
				department.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-320, filed 10/7/83; Rules
				  (part), filed 12/3/63; Permit Range Regulation § IX, effective
				  6/1/59.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-330 - Management agreement

Current through Register Vol. 24-14, July 15, 2024
The department may enter into a coordinated resource
				management plan and other agreements with any person for the
				protection, preservation, and use of grazing areas in multiple
				ownership.
Statutory Authority: RCW 79.28.050 and 79.28.040.
				  83-21-018 (Order 402), § 332-20-330, filed 10/7/83; Rules
				  (part), filed 12/3/63.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-340 - Sale of grazing and other low priority lands - Objective

Current through Register Vol. 24-14, July 15, 2024
It is the objective of the department of natural
				resources in the management of public lands used primarily for
				grazing and similar low priority purposes to:
(1) Obtain the greatest possible
			 monetary return for the trust to which such land is assigned,
			 consistent with good management practices.
(2) Encourage the development of
			 such lands for their highest and best use.
Resolution No. 79, § 1, filed
				  10/5/67.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-350 - Sale of grazing and other low priority lands - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions are applicable to RCW
				79.01.301 and these rules shall be used in connection with
				applications, reports, leases, and other documents issued in
				connection therewith:
(1)
			 "Department" shall mean the department of natural
			 resources.
(2)
			 "Commissioner" shall mean the commissioner of public lands.
(3) "Board" shall mean the board of
			 natural resources as established by chapter 38, Laws of 1957
			 (chapter 43.30 RCW).
(4) "Proper office" shall mean the
			 authorized office of the department of natural resources in Olympia,
			 Washington.
(5) "Grazing
			 land" shall mean those granted trust lands which at the present are
			 used primarily for grazing.
(6) "Irrigated agricultural lands"
			 shall mean any lands under irrigation which are used for the
			 production of any agricultural commodities.
(7) "Public land" shall mean those
			 lands conveyed to the state of Washington by the federal government
			 and managed in trust by the department for the support of common
			 schools, university purposes, agricultural college purposes,
			 scientific school purposes, state normal school purposes, the
			 erecting of public buildings at the state capitol, and for state
			 charitable, educational, penal and reformatory institution
			 purposes.
(8) "Low
			 priority land" shall mean that grazing or nonirrigated land which may
			 appear to have its highest potential for maximizing returns when used
			 as irrigated agricultural land.
(9) "Public interest" shall mean
			 the interest of the public in obtaining the greatest possible
			 monetary return from granted lands for the purposes set forth in the
			 Enabling Act of the state Constitution.
Resolution No. 79, § 2, filed
				  10/5/67.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-360 - Sale of grazing and other low priority lands - Applications to purchase

Current through Register Vol. 24-14, July 15, 2024
All applications to purchase low priority land for
				the purpose of development as irrigated agricultural land shall be
				reviewed by the board.
Applications for the purchase of land for development
				as irrigated agricultural lands will be received during business
				hours in the proper office of the department. A deposit of not less
				than ten dollars per acre must be submitted with the application.
				Each application shall be accompanied by a complete and general plan
				of development of the area considered for purchase, including the
				following:
(1) Anticipated
			 date of commencement of development.
(2) Anticipated date of completion
			 of development.
(3) Type
			 of development.
(4)
			 Source of water and the total estimated cost of water, including the
			 cost of wells or water diversion.
(5) Access or right of way
			 available to the area.
(6) Type of proposed
			 cropping.
(7) Anticipated
			 production.
(8) Market
			 for production.
(9)
			 Anticipated gross return.
(10) Anticipated value per acre
			 when irrigation development is completed and anticipated tax payment
			 per acre based on present millage levies.
(11) A plat showing the area or
			 areas to be developed for irrigation on the lands under application
			 to purchase.
(12) Method
			 of financing development.
(13) Plans for drainage.
(14) Any further information the
			 board may require.
Resolution No. 79, § 3, filed
				  10/5/67.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-370 - Sale of grazing and other low priority lands - Protection

Current through Register Vol. 24-14, July 15, 2024
The board shall protect the public interest in the
				trust in considering applications to purchase. In considering the
				management of individual tracts of state land, the board shall
				include in its consideration of the financial benefits that may
				accrue to the particular beneficiary of such trust land any increased
				financial benefits that the beneficiary may receive from direct and
				indirect state and local taxes, including improvement in values
				resulting from private development and the local taxation benefits
				therefrom, if the property were to be sold into private
				ownership.
Resolution No. 79, § 4, filed
				  10/5/67.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-380 - Sale of grazing and other low priority lands - Information furnished the board

Current through Register Vol. 24-14, July 15, 2024
The department, in addition to the information
				provided by the applicant, shall also prepare for the board the
				following information:
(1)
			 Department plans for development of the tract if retained in state
			 ownership.
(2) A
			 comparison of anticipated rental returns and appreciation in value
			 and rental income to the trust in comparison with the anticipated
			 economic benefits to the locality in classifying such properties for
			 sale.
(3) A written
			 recommendation to the board.
Resolution No. 79, § 5, filed
				  10/5/67.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-390 - Sale of grazing and other low priority lands - Written notice

Current through Register Vol. 24-14, July 15, 2024
Written notice shall be given to the applicant at
				least thirty days prior to the meeting of the board at which
				consideration will be given to his application. The applicant may
				appear at the board meeting in support of his application, but is not
				required to do so.
Resolution No. 79, § 6, filed
				  10/5/67.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-20 - Grazing lands › Section 332-20-400 - Sale of grazing and other low priority lands - Contracts

Current through Register Vol. 24-14, July 15, 2024
When the board determines that a parcel of low
				priority lands shall be sold into private ownership for conversion to
				irrigated agricultural lands, the department shall enter into a
				contract with the purchaser for the conveyance of the lands to him
				upon such conditions as the board shall determine to be proper in
				each case. The conditions fixed by the board shall include the
				following:
(1) Payment to
			 the department by the purchaser of the full purchase price, plus
			 interest if sold on an installment basis, together with applicable
			 fees.
(2) Completion by
			 the purchaser of an irrigation system in conformity with the plan as
			 set forth with the contract posted with notice of sales. The system
			 must be completed within the time period fixed by the board which
			 shall in no event be longer than five years.
(3) Such other conditions as the
			 board may determine to be appropriate.
In the event the purchaser fails to satisfy any of
				the conditions fixed by the board, the contract for the conveyance of
				the lands to him shall be forfeited. The value of any improvements,
				less damages, made by the defaulting purchaser in partial completion
				of his irrigation system shall be appraised and fixed by the
				department. The lands shall be offered at public auction and, if
				leased or sold within three years to other than the defaulting
				purchaser, the successful bidder shall pay to the department the
				value of such improvements for disbursement to the defaulting
				purchaser.
Resolution No. 79, § 7, filed
				  10/5/67.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-21 - State urban lands › Section 332-21-010 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated by the board of natural
				resources pursuant to the authority of chapter 79.66 RCW to establish
				procedures for the department of natural resources management of
				state-owned urban lands. These regulations are designed to establish
				practical procedures to achieve the best possible return to the
				designated trust beneficiary consistent with any other obligations
				imposed on such lands by law.
Statutory Authority: Chapter 79.66 RCW. 84-19-008
				  (Resolution No. 465), § 332-21-010, filed
				  9/10/84.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-21 - State urban lands › Section 332-21-020 - Identification of urban lands

Current through Register Vol. 24-14, July 15, 2024
The department shall, at intervals not greater than
				once every two years, identify trust lands expected to convert to
				commercial, residential, or industrial uses within the next ten years
				as provided in RCW 79.66.010. The board shall designate such trust
				lands as urban land if deemed suitable.
Statutory Authority: Chapter 79.66 RCW. 84-19-008
				  (Resolution No. 465), § 332-21-020, filed
				  9/10/84.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-21 - State urban lands › Section 332-21-030 - Management of urban lands

Current through Register Vol. 24-14, July 15, 2024
(1) The department, in addition to
			 the economic evaluation required by RCW 79.01.095, shall periodically
			 evaluate urban lands to determine the appropriate management
			 prescription for each parcel.
(2) The department shall, as a part
			 of its periodic evaluation, review the appropriate uses of urban
			 lands with local governments in accordance with RCW
			 79.01.784.
(3) Where
			 urban land is to be exchanged or sold, other than by public auction,
			 the department shall have the value determined by a qualified
			 appraiser. All appraisals shall be sent to the board at least ten
			 days in advance of any board action on such exchange or
			 sale.
(4) The department
			 shall annually report to the board on its major activities and
			 accomplishments in the past year and its plans for the ensuing
			 year.
Statutory Authority: Chapter 79.66 RCW. 84-19-008
				  (Resolution No. 465), § 332-21-030, filed
				  9/10/84.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-21 - State urban lands › Section 332-21-040 - Marketing lands not sold at public auction

Current through Register Vol. 24-14, July 15, 2024
The department may, upon approval of the board,
				market lands not sold at public auction in accordance with RCW
				79.01.612. Such property may not be offered at less than the
				appraised price approved by the board. The department shall select
				the marketing proposal that demonstrates likelihood of successful
				marketing at the lowest cost. The department shall report completed
				sales to the board.
Statutory Authority: Chapter 79.66 RCW. 84-19-008
				  (Resolution No. 465), § 332-21-040, filed
				  9/10/84.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-21 - State urban lands › Section 332-21-050 - Land bank technical advisory committee

Current through Register Vol. 24-14, July 15, 2024
The technical advisory committee authorized by RCW
				79.66.010 shall provide professional advice and counsel to the board
				regarding land bank sales, purchases, and exchanges involving urban
				property.
Statutory Authority: Chapter 79.66 RCW. 84-19-008
				  (Resolution No. 465), § 332-21-050, filed
				  9/10/84.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-010 - Promulgation

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated by the board of natural
				resources pursuant to the authority granted by RCW 79.01.242 to
				establish procedures for the department's state land leasing program.
				The board of natural resources recognizes that in order to obtain a
				fair market return to the trust, certain of its lands should be
				retained and managed through leasing. These rules are designed to
				establish practical leasing procedures and achieve the best possible
				return to the designated trust beneficiary consistent with any other
				obligations imposed by law on such lands.
Statutory Authority: RCW 79.01.242. 84-19-007
				  (Resolution No. 464), § 332-22-010, filed 9/10/84; 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-010, 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 332-22-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Insofar as these rules apply, these definitions will
				be utilized.
(1)
			 "Commissioner" means the commissioner of public lands.
(2) "Department" means the
			 department of natural resources as defined in
			 RCW 43.30.030.
(3) "Board" means the board of
			 natural resources as defined in RCW 43.30.040.
(4) "Fair market rental value"
			 means the total rental that a property would command on the open
			 market as determined by either comparable rental rates being paid for
			 comparable uses or by the current fair market value of the property
			 times the applicable capitalization rate.
(5) "Fair market value for
			 improvements" is as defined in RCW 79.01.136.
(6) "Highest and best use" means
			 the legal use that will produce the highest return to the trust over
			 an extended period of time, including interim use.
(7) "Interim use" means any use of
			 the land for which a rent can be charged before the planned use is
			 attained.
(8) "State
			 lands" means lands owned by the state or managed by the department
			 excluding marine and aquatic lands.
(9) "Person" means a person at
			 least 18 years of age, a partnership, a corporation or a government
			 agency.
(10) "Bonus bid"
			 means the dollar amount offered, to be paid one time only, over and
			 above the periodic rent or the share of the crop.
(11) "Geothermal resources" means
			 only that natural heat energy of the earth from which it is
			 technologically practical to produce electricity commercially and the
			 medium by which such heat energy is extracted from the earth,
			 including liquids or gases, as well as any minerals contained in any
			 natural or injected fluids, brines and associated gas, but excluding
			 oil, hydrocarbon gas and other hydrocarbon substances, as defined in
			 RCW 79.76.030.
(12)
			 "Commercially feasible geothermal resources" means that amount of
			 geothermal steam, hot water, steam condensate, by-products thereof,
			 minerals and chemicals which are used for:
(a) The generation of electricity,
			 and
(b) Which are
			 derived, generated or manufactured from the premises or from a unit
			 plan which includes the lease premises, sufficient for commercial
			 sales, or
(c) Which would
			 warrant construction of facilities for processing or sale of such
			 product or by-products.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-025 - Bonus bid

Current through Register Vol. 24-14, July 15, 2024
On a new lease or an existing lease advertised for
				negotiation there may be a bonus bid.
Statutory Authority: RCW 79.01.242. 84-19-007
				  (Resolution No. 464), § 332-22-025, filed
				  9/10/84.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-030 - Applications to lease

Current through Register Vol. 24-14, July 15, 2024
(1) Application to lease will be
			 considered only for state lands as may be shown to be available for
			 lease in department records or when an existing lease will expire
			 within one hundred twenty days or leases which can be considered for
			 conversion to a higher and better use.
(2) Application to lease will be
			 considered for lands owned by other governmental entities, which are
			 being managed by the department, only after the owner has made a
			 written request to the department or entered into an agreement with
			 the department to make the same available for leasing pursuant to
			 these rules.
(3) An
			 application to lease shall be made upon forms prescribed by the
			 department which shall be accompanied by fees prescribed by the
			 board. The fee shall not be refunded unless the state lands applied
			 for are not available for leasing. Applications not accompanied by
			 the proper fees shall be rejected.
(4) The commissioner may withhold
			 from leasing any state land either before or after an application to
			 lease is made. The commissioner may reject any and all applications
			 to lease.
(5) Any person
			 authorized to do business in the state of Washington may apply for a
			 lease of state lands.
Statutory Authority: RCW 79.01.242. 84-19-007
				  (Resolution No. 464), § 332-22-030, filed 9/10/84; 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-030, 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 332-22-040 - Lease auction procedure

Current through Register Vol. 24-14, July 15, 2024
(1) The department will determine
			 which parcels of state land will be offered for public auction from:
(a) Applications
			 received;
(b) Evaluation
			 of land not presently leased; and
(c) Land with a lease expiring, and
			 on which it is in the best interest of the state to offer at auction
			 for the same or different uses. The department shall give thirty days
			 written notice to the existing lessee of such action.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-050 - Lease procedure - Amendment

Current through Register Vol. 24-14, July 15, 2024
Existing leases may be amended through negotiation
				between the lessee and the department but the term of any such
				amendment shall not exceed the specified maximum lease period as set
				forth in RCW 79.01.096 or 79.12.570. Such amendments shall be in
				writing and signed by both parties.
Statutory Authority: RCW 79.01.242. 84-19-007
				  (Resolution No. 464), § 332-22-050, filed 9/10/84; 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-050, 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 332-22-060 - Lease procedure - Rental adjustments

Current through Register Vol. 24-14, July 15, 2024
All leases shall provide for periodic rental
				reevaluation and adjustment, except leases with rentals based upon a
				percentage of crop or income. The lessee may request rental
				adjustments as provided in RCW 79.01.096.
Statutory Authority: RCW 79.01.242. 84-19-007
				  (Resolution No. 464), § 332-22-060, filed 9/10/84; 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-060, 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 332-22-070 - Lease procedure - Notice

Current through Register Vol. 24-14, July 15, 2024
Notice of all existing leases which will be
				negotiated by the department shall be published in two newspapers of
				general circulation in the locality of the state land, one of which
				shall be in the county where the land is located.
Statutory Authority: RCW 79.01.242. 84-19-007
				  (Resolution No. 464), § 332-22-070, filed 9/10/84; 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-070, 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 332-22-080 - Rights to re-lease denied

Current through Register Vol. 24-14, July 15, 2024
Claimed rights to re-lease or to renew a lease will
				not be authorized or recognized by the department.
Statutory Authority: RCW 79.01.242. 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-080, 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 332-22-090 - Notice to lessee of public auction

Current through Register Vol. 24-14, July 15, 2024
The current lessee will be notified if the state
				intends to offer the leased land at public auction.
Statutory Authority: RCW 79.01.242. 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-090, 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 332-22-100 - Existing lease negotiation

Current through Register Vol. 24-14, July 15, 2024
(1) Leases which will be used for
			 the same or similar purposes may be offered for
			 negotiation.
(2) A notice
			 of intention to negotiate a lease must be published once in two
			 newspapers of general circulation in the locality of the land, one of
			 which shall be in the county where the land is located, within ninety
			 days of the date of commencement of negotiations. Such notice shall
			 give the legal description, the date of expiration, the intended land
			 use, the office to which application can be made, the final date to
			 file a written request to lease, and such other information as deemed
			 necessary.
(3) The
			 existing lessee will be mailed the criteria for leasing on the same
			 date as mailing to the newspaper the notice of intention to
			 negotiate.
(4) A written
			 request to lease from a new applicant must be received in the
			 designated office on the specified date to be considered. It must
			 describe the proposed terms and conditions and the contemplated use
			 of the land and contain a certified check or money order payable to
			 the department of natural resources for the amount of any bonus bid
			 plus a $100.00 deposit. The envelope must be marked "Sealed bid for
			 lease . . . .; expiration date . . . ., and give the applicant's
			 name."
(5) The department
			 shall review all written requests to lease before negotiation with
			 the existing lessee is commenced. If negotiation is satisfactorily
			 completed, award of the lease will be made to the existing lessee. If
			 negotiation with the existing lessee is not successful, the highest
			 qualified offer will be treated as a minimum bid at public auction
			 and all lower offers will be returned. The lease will then be offered
			 at public auction. If there are no bidders at the auction, the lease
			 will be awarded to the applicant who has made the highest qualified
			 offer.
(6) Negotiated
			 leases may not exceed the maximum term authorized by RCW 79.01.096 or
			 79.12.570 and must have a term commencing within one hundred twenty
			 days of date of starting negotiations.
Statutory Authority: RCW 79.01.242. 84-19-007
				  (Resolution No. 464), § 332-22-100, filed 9/10/84; 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-100, 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 332-22-105 - Initial lease for commercial, industrial, or residential uses by negotiation

Current through Register Vol. 24-14, July 15, 2024
(1) The department may negotiate
			 initial leases to authorize commercial, industrial, or residential
			 uses on specific parcels of land zoned for such uses provided:
(a) Not more than one application
			 is received by the department to lease the property.
(b) The department determines that
			 a rent of at least fair market rental can be obtained through
			 negotiation.
(c) The
			 department publishes a notice of intent to lease which contains the
			 legal description and zoning of the property, the office to which
			 application to lease can be made, and the final date to submit a
			 written request to lease. The notice shall be published not more than
			 thirty days nor less than twenty days immediately preceding
			 commencement of negotiation in two newspapers of general circulation
			 in the locality of the state land, one of which shall be in the
			 county where the land is located.
(d) The department shall report to
			 the board of natural resources on each initial lease entered into by
			 negotiation. The report shall include the fair market value of the
			 property, rental and lease terms.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-22 - State land leasing program rules › Section 332-22-110 - Mandatory lease terms

Current through Register Vol. 24-14, July 15, 2024
Each lease negotiated or placed at public auction
				shall contain the following terms:
(1) The use or uses to which the
			 land is to be employed. Provision must be made by insurance or
			 otherwise, to protect the department against third-party claims
			 arising from the uses made of the property by the lessee.
(2) Improvements which exist on the
			 land at the time lease negotiation is completed or public auction is
			 held shall be specifically described and, unless otherwise designated
			 shall be considered as a part of the value of the land. Improvements
			 may be required to be constructed as a condition of a lease. All
			 existing improvements or those authorized or required under the
			 conditions of the lease must be maintained at the sole cost of the
			 lessee unless otherwise provided. All improvements must be protected
			 against casualty loss in a manner satisfactory to the department
			 unless otherwise provided. Improvements placed upon the land by the
			 lessee shall become the property of the state at the end of lease
			 term unless otherwise provided.
(3) Any lease with a term of more
			 than ten years shall require a plan of development which includes
			 scheduled completion dates for all required activities, improvements,
			 or other actions.
Statutory Authority: RCW 79.01.242. 84-19-007
				  (Resolution No. 464), § 332-22-110, filed 9/10/84; 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-110, 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 332-22-120 - Assignment

Current through Register Vol. 24-14, July 15, 2024
All assignments of leasehold rights, whether total,
				partial or for security purposes, must be approved in writing by the
				department. Department approval of assignments may be conditioned
				upon a number of factors including rental adjustment; insurance
				coverage adjustment; renegotiation of improvement ownership; or
				changes in authorized land use. The department may require assurance
				of the performance capability of the proposed assignee by any
				feasible means, including the filing of an acceptable surety
				arrangement.
An assignment will not be considered to be a
				termination of the lease within the meaning of RCW
				79.01.092.
Statutory Authority: RCW 79.01.242. 84-19-007
				  (Resolution No. 464), § 332-22-120, filed 9/10/84; 81-03-059
				  (Order 350, Resolution No. 321), § 332-22-120, filed
				  1/20/81.