WSR 99-12-092

PROPOSED RULES

DEPARTMENT OF

NATURAL RESOURCES

[ Order 701-- Filed June 1, 1999, 3:55 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-08-116.

Title of Rule: WAC 332-52-065 Milwaukee Road Corridor--Recreational use.

Purpose: To better carry out the purposes of chapter 174, Laws of 1984 by extending the open period for nonmotorized recreational use to year around.

Statutory Authority for Adoption: RCW 79.08.277, 79.08.279, and 79.08.281.

Statute Being Implemented: RCW 79.08.277, 79.08.279, and 79.08.281.

Summary: To extend the open period for nonmotorized recreational use from October 1 through June 15 to year around on the Milwaukee Road Corridor (MRC).

Reasons Supporting Proposal: 60% of the recreation use requests (most being out of state) of the MRC were made during and for use of the months of June through September which is the best weather, prime vacation and travel time. The open period would be consistent with the portion of the MRC managed by state parks (Iron Horse State Park) which is open year around.

Name of Agency Personnel Responsible for Drafting: James A. Munroe, Department of Natural Resources, Southeast Region, Ellensburg, (509) 925-0948; Implementation: William O. Boyum, Department of Natural Resources, Southeast Region, Ellensburg, (509) 925-0954; and Enforcement: James A. Munroe, Department of Natural Resources, Southeast Region, Ellensburg, (509) 925-0948.

Name of Proponent: Department of Natural Resources, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The current WAC 332-52-065 describes the open or use period for nonmotorized recreational use on the Milwaukee Road Corridor to be October 1 through June 15. The rule change if adopted would extend the open or use period to year around. This would allow use during the summer months which are the prime vacation and travel time. If adopted the use period would be the same as the portion of the MRC managed by state parks known as Iron Horse State Park. There would be increase in recreational use from approximately 400 to 600-800 recreationists. This change could possibly bring in more revenue to the towns the MRC goes through.

Proposal Changes the Following Existing Rules: Only rule affected is WAC 332-52-065. The revised rule language changes the open or use period for nonmotorized use from October 1 through June 15 to open or use period of year around.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change is not expected to impose any costs on businesses.

The impact of this rule change on business in terms of imposing costs will be minor, if any, since the rule change provides more opportunity to businesses that may be affected by recreational use of the corridor. No direct costs as a result of this rule change are associated with businesses. There is no burden placed on small businesses from the effects of this rule.

RCW 34.05.328 applies to this rule adoption. A rule implementation plan and the rule-making criteria are being completed as a part of the rule making.

Hearing Location: Issaquah Community Hall, 190 East Sunset Way, on July 6, 1999, at 7:00 p.m., Warden Town Hall, Council Chambers, on July 7, 1999, at 7:00 p.m.; and Rosalia City Hall, Council Chambers, on July 8, 1999, at 7:00 p.m.

Assistance for Persons with Disabilities: Contact James A. Munroe by July 1, 1999, TDD (509) 925-8527, or (509) 925-0948.

Submit Written Comments to: Department of Natural Resources, James A. Munroe, 713 East Bowers Road, Ellensburg, WA 98926-9341, fax (509) 925-8522, by July 8, 1999.

Date of Intended Adoption: July 12, 1999.

June 1, 1999

Kaleen Cottingham

for Charles Baum

Department Supervisor


AMENDATORY SECTION(Amending Order 577, filed 2/11/92, effective 3/13/92)

WAC 332-52-065
Milwaukee Road Corridor - Recreational use.

Motorized vehicles including snowmobiles are prohibited on the corridor at all times, except for motorized use for authorized administrative purposes or motorized use approved by the department for reasons of health and safety.  The corridor ((will be)) is open for nonmotorized use, by permit only, ((from October 1 through June 15)) year around, east of the Columbia River.  ((The remainder of the year the corridor will be closed to all recreation use.))  The department may close portions of the corridor, at any time of the year, to reduce fire danger or protect public safety after consultation with local legislative authorities and fire districts.  After December 31, ((1990)) 2000 the department may, if determined necessary to better carry out the purposes of chapter 174, Laws of 1984, adjust the designated periods of the year during which permits will be issued, after first giving public notice and holding at least one public hearing each in Eastern and Western Washington.

[Statutory Authority: RCW 79.08.277 and 79.08.279.  92-05-036 (Order 577), 332-52-065, filed 2/11/92, effective 3/13/92; 87-18-035 (Order 516), 332-52-065, filed 8/27/87; 84-21-038 (Order 435), 332-52-065, filed 10/11/84.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office