S-1921               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5730

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Parks & Ecology (originally sponsored by Senators Bender, Bluechel, Kreidler and Vognild)

Read first time 2/26/87.

AN ACT Relating to the Milwaukee road; and amending RCW 79.08.277, 79.08.279, and 79.08.281.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 7, chapter 174, Laws of 1984 and RCW 79.08.277 are each amended to read as follows:

          The portion of the Milwaukee Road corridor under management and control of the department of natural resources shall be managed as a recreational trail and shall be open to individuals or organized groups which obtain permits from the department of natural resources to travel the corridor for recreational purposes.  The department of natural resources shall, for the purpose of issuing permits for corridor use, promulgate rules necessary for the orderly and safe use of the corridor and protection of adjoining landowners.  Permit fees shall be established at a level that will cover costs of issuance.  Upon request of abutting landowners, the department shall notify the landowners of permits issued for use of the corridor adjacent to their property.

        Sec. 2.  Section 8, chapter 174, Laws of 1984 and  RCW 79.08.279 are each amended to read as follows:

          The department of natural resources may do the following with respect to the portion of the Milwaukee Road corridor under its control:

          (1) Enter into agreements to allow the realignment or modification of public roads, farm crossings, water conveyance facilities, and other utility crossings;

          (2) Regulate activities and restrict uses, including, but not limited to, closing portions of the corridor to reduce fire danger or protect public safety in consultation with local legislative authorities or fire districts;

          (3) Place hazard warning signs and close hazardous structures;

          (4) Renegotiate deed restrictions upon agreement with affected parties; ((and))

          (5) Approve and process the sale or exchange of lands or easements if (a) such a sale or exchange will not adversely affect the recreational, transportation or utility potential of the corridor and (b) the department has not entered into a lease of the property in accordance with RCW 79.08.281; and

(6) Cooperate with individuals and organizations for volunteer donation of labor and materials.

        Sec. 3.  Section 9, chapter 174, Laws of 1984 and RCW 79.08.281 are each amended to read as follows:

          (1) The department of natural resources shall offer to lease, and shall subsequently lease if a reasonable offer is made, portions of the Milwaukee Road corridor under its control to the person who owns or controls the adjoining land for periods of up to ten years commencing with June 7, 1984.  The lessee shall assume the responsibility for fire protection, weed control, and maintenance of water conveyance facilities and culverts.  The leases shall follow standard department of natural resources leasing procedures, with the following exceptions:

          (a) The lessee may restrict public access pursuant to RCW 79.08.277 and 79.08.281(3).

          (b) The right of renewal shall be to the current lessee if the lessee still owns or controls the adjoining lands.

          (c) If two persons own or control opposite sides of the corridor, each person shall be eligible for equal portions of the available property.

          (2) The department of natural resources has the authority to renew leases in existence on June 7, 1984.

          (3) The leases shall contain a provision allowing the department of natural resources to issue permits to travel the corridor for recreational purposes.

          (4) Unleased portions of the Milwaukee Road property under this section shall be managed by the department of natural resources.  On these unleased portions, the department solely shall be responsible for weed control, culvert, bridge, and other necessary maintenance and fire protection services.  The department shall place hazard warning signs and close hazardous structures on unleased portions and shall regulate activities and restrict uses, including closing the corridor during seasons of high fire danger.

(5) The department shall ensure that gates across portions of the corridor available for public access shall be capable of being opened by one unassisted person.