WSR 01-16-147

PROPOSED RULES

PARKS AND RECREATION

COMMISSION

[ Filed August 1, 2001, 10:09 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-12-077.

     Title of Rule: New section WAC 352-32-340 Approval of community-based park improvements -- Policies.

     Purpose: RCW 79A.05.140 establishes the commission's authority to grant permits to parties interested in making improvements to any state park or parkway. The commission is undertaking rule-making action to implement this statute and intends to delegate the authority for issuing permits for park improvements to the agency director or designee. The commission believes this action will provide interested parties with the appropriate means to donate funds, materials and labor to create safe, cost effective park improvements and to increase outdoor recreation opportunities for the benefit of state park visitors and resources in the state park system.

     Statutory Authority for Adoption: RCW 79A.05.030, 79A.05.070, and 79A.05.075.

     Statute Being Implemented: RCW 79A.05.140, 79A.05.145, 79A.05.150, and 79A.05.155.

     Summary: Many organizations outside the agency approach state parks with proposals to construct or improve facilities in state parks. The commission has statutory authority to accept such assistance. At this time the commission intends to establish a process in administrative rule for issuing permits for park improvements and thereby define the agency's method and authority for issuing permits to organizations requesting approval to construct park improvements. The new administrative rule will be further defined in agency policies.

     Reasons Supporting Proposal: The commission intends to adopt this new administrative rule under chapter 352-32 WAC to establish the requirements and to delegate the administrative authority for issuing permits to parties interested in making improvements to any state park or parkway as provided for in RCW 79A.05.140. The proposed rule further explains the commission's procedure for providing public access to any interpretive or administrative policy governing such permits.

     Name of Agency Personnel Responsible for Drafting and Implementation: Kathy Randall, 7150 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98512-2650, (360) 902-8528; and Enforcement: Brian Hovis, 7150 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98512-2650, (360) 902-8635.

     Name of Proponent: Washington State Parks and Recreation Commission, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule would delegate authority from the commission to the director to grant permits to those outside the agency to donate funding, materials, and labor to build or improve facilities on state park lands. The rule will initiate policies for park improvements, as well as procedures for organizations and park staff to follow to ensure quality products. It will benefit the agency by increasing partnerships between the agency and community groups and by providing increased resources for state parks.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This chapter of administrative rule does not regulate or have economic impact through regulations on small business. There are no compliance costs to small business.

     Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Significant legislative rule-making requirements are not imposed on the State Parks and Recreation Commission, nor has the commission voluntarily applied those requirements.

     Hearing Location: Regularly scheduled Washington State Parks Commission meeting at Orcas Center, Madronna Room, 917 Mount Baker Road, East Sound, WA 98245, located on Orcas Island, on September 20, 2001, at 9:00 a.m.

     Assistance for Persons with Disabilities: Contact Renee Pacana by September 6, 2001, TDD (360) 664-3133, or (360) 902-8505.

     Submit Written Comments to: Washington State Parks, Attention: Kathy Randall, 7150 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98512-2650.

     Date of Intended Adoption: September 20, 2001.

August 1, 2001

Jim French

Senior Policy Advisor

OTS-5030.3


NEW SECTION
WAC 352-32-340   Approval of community-based park improvements -- Policies.   The director, or the director's designee, shall approve or disapprove all permits for community-based park improvements. Specific policies concerning community-based park improvements are available upon request.

     A community-based park improvement is a construction project, proposed to be accomplished by individuals, groups, churches, charities, organizations, agencies, clubs, or associations using donated labor and/or materials, that results in a permanent change to state park lands or structures, or that creates an additional structure on state park lands.

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