WSR 02-22-108

PROPOSED RULES

PARKS AND RECREATION

COMMISSION

[ Filed November 6, 2002, 11:35 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-18-027 on August 23, 2002.

Title of Rule: Chapter 352-32 WAC, Public use of state park areas, this chapter defines the state Parks and Recreation Commission's standard business practices for park operation, business practices for special use areas, establishes permits and fees, sets limits on public behavior, and requirements for conducting business in the parks.

Purpose: The state Parks and Recreation Commission has undertaken a review of the administrative rules regarding public use of state park areas in order to improve the clarity of these rules, to update restrictions that prevent undesirable or disturbing behavior, to improve business practices to ensure equitable fee collection and to add fees for NSF checks. These changes help protect park resources and ensure the public has opportunities to enjoy the highest quality park visits.

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

Summary: WAC 352-32-030 Camping, is amended to better control continuous use of campsites and the number of visitors allowed in a campsite for the preservation of quality park lands and the camping experience.

WAC 352-32-045 Reservations, is amended to improve the agency's ability to collect fees associated with camping.

WAC 352-32-056 Peace and quiet, is amended to prevent disturbance of sleeping campers.

WAC 352-32-120 Firearms, is amended to enable law enforcement officers to perform their duties.

WAC 352-32-180 Sanitation, is amended to ensure proper disposal of refuse or waste from vessels.

WAC 352-32-250 Standard fee, is amended to enable the agency to prevent nonpayment of required fees.

WAC 352-32-251 and 352-32-252, passes are amended to better control inadvertent or intentional misuse of park passes.

Reasons Supporting Proposal: Park visitors will gain improved public service.

Name of Agency Personnel Responsible for Drafting and Implementation: Pam McConkey, 7219 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98504-2650, (360) 902-8595; and Enforcement: Phil Shave, 7150 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98504-2650, (360) 902-8606.

Name of Proponent: Washington State Parks, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 352-32-030 Camping, establishes requirements for the person who registers for multiple campsites, provides for exceptions for emergency use of water trail campsites in order to provide the greatest possible access to the public while protecting parklands and facilities.

WAC 352-32-045 Reservations, establishes the process and fees for campsite reservation. The amendments are intended to improve the agency's ability to collect fees associated with camping.

WAC 352-32-056 Peace and quiet, establishes limits on personal conduct and noise to ensure quiet. The amendments are intended to further prevent disturbance of campers and park visitors.

WAC 352-32-120 Firearms, establishes restrictions on the possession of firearms. The amendment is intended to authorize law enforcement officers to possess firearms while performing their duties.

WAC 352-32-180 Sanitation, required proper disposal of refuse and waste. The amendments are intended to ensure proper disposal of refuse or waste from vessels.

WAC 352-32-250 Standard fee, established the fees related to park visitor use. The amendments are intended to authorize a low-income fee discount, to establish an administrative fee for reissue of lost passes or permits, to streamline water trail site permits and to establish fees charged for NSF checks to prevent nonpayment of required fees.

WAC 352-32-251 and 352-32-252, passes (various), are amended to better control inadvertent or intentional misuse of park passes and to explain agency procedures for invalid passes.

Proposal Changes the Following Existing Rules: The existing rules are updated for the preservation and protection of parklands and park facilities and the quality of the camping experience by improving agency control of the unintentional or intentional behavior of park visitors.

New fees and interest payments are to be charged when persons attempt to pay the required fees with NSF checks in order to facilitate the fair and equitable collection of required fees. A new fee is established for replacing lost or stolen passes or permits issued by the agency.

Clarifications are made to existing rules that establish camping fees, describe requirements for the payment of required fees, establish the eligibility requirements for discounted fees, describe the fees for water trail campsites and establish the requirements for obtaining valid limited income senior citizens, disabled, disabled veterans, and senior citizens passes. These amendments are intended to improve the camping experience for pass holders and neighboring campers while collecting fees more equitably.

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: The public hearing will occur during the regularly scheduled Washington State Parks and Recreation Commission meeting to be held at 200 General Administration Building, Auditorium, 210 11th Avenue, Olympia, WA 98504-1000, on December 12, 2002, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Pauli Larson by November 29, 2002, TDD (360) 664-3133 or (360) 902-8505.

Submit Written Comments to: Washington State Parks, Attention: Pam McConkey, 7219 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98504-2650, fax (360) 586-5875, by November 25, 2002.

Date of Intended Adoption: December 12, 2002.

November 6, 2002

Jim French

Chief of Policy Research

OTS-6033.5


AMENDATORY SECTION(Amending WSR 00-13-070, filed 6/16/00, effective 7/17/00)

WAC 352-32-030   Camping.   (1) Camping facilities of the state parks within the Washington state parks and recreation commission system are designed and administered specifically to provide recreational opportunities for park visitors. Use of park facilities for purposes which are of a nonrecreational nature, such as long-term residency at park facilities, obstructs opportunities for recreational use, and is inconsistent with the purposes for which those facilities were designed.

No person or camping party may use any state park facility for residence purposes, as defined (WAC 352-32-010).

(2) No person shall camp in any state park area except in areas specifically designated and/or marked for that purpose or as directed by a ranger.

(3) Occupants shall vacate camping facilities by removing their personal property therefrom no later than 1:00 p.m., if the applicable camping fee has not been paid or if the time limit for occupancy of the campsite has expired or the site is reserved by another party. Remaining in a campsite beyond the established checkout time shall subject the occupant to the payment of an additional camping fee.

(4) Use of utility campsites by tent campers shall be subject to payment of the utility campsite fee except when otherwise specified by a ranger.

(5) A campsite is considered occupied when it is being used for purposes of camping by a person or persons who have paid the camping fee within the applicable time limits or when it has been reserved through the appropriate procedures of the reservation system. No person shall take or attempt to take possession of a campsite when it is being occupied by another party, or when informed by a ranger that such site is occupied, or when the site is posted with a "reserved" sign. In the case of a reserved site, a person holding a valid reservation for that specific site may occupy it according to the rules relating to the reservation system for that park. In order to afford the public the greatest possible use of the state park system on a fair and equal basis, campsites in those parks not on the state park reservation system will be available on a first-come, first-serve basis. No person shall hold or attempt to hold campsite(s), for another camping party for present or future camping dates, except as prescribed for multiple campsites. Any site occupied by a camping party must be actively utilized for camping purposes.

(6) One person may register for one or more sites within a multiple campsite by paying the multiple campsite fee and providing the required information on the occupants of the other sites. An individual may register and hold a multiple campsite for occupancy on the same day by other camping parties. Multiple campsites in designated reservation parks are reservable under the reservation system.

(7) In order to afford the general public the greatest possible use of the state park system, on a fair and equal basis, and to prevent residential use, continuous occupancy of facilities by the same camping party shall be limited. Campers may stay ten consecutive nights in one park, after which the camping party must vacate the ((site)) park for three consecutive nights, April 1 through September 30, not to exceed thirty days in a forty-day time period. Provided that at the discretion of the park ranger the maximum stay may be extended to fourteen consecutive nights if the campground is not fully occupied. Campers may stay twenty consecutive nights in one park, after which the camping party must vacate the park for three consecutive nights, October 1 through March 31, not to exceed forty days in a sixty-day time period. This limitation shall not apply to those individuals who meet the qualifications of WAC 352-32-280 and 352-32-285.

(8) A maximum of eight people shall be permitted at a campsite overnight, unless otherwise authorized by a ranger. The number of vehicles occupying a campsite shall be limited to one car and one recreational vehicle: Provided, That one additional vehicle without built-in sleeping accommodations may occupy a designated campsite when in the judgment of a ranger the constructed facilities so warrant. The number of tents allowed at each campsite shall be limited to the number that will fit on the developed tent pad or designated area as determined by a ranger.

(9) Persons traveling by bicycles, motor bikes or other similar modes of transportation and utilizing campsites shall be limited to eight persons per site, provided no more than four motorcycles may occupy a campsite.

(10) Water trail camping sites are for the exclusive use of persons traveling by human and wind powered beachable vessels as their primary mode of transportation to the areas. Such camping areas are ((not)) subject to the campsite capacity limitations as otherwise set forth in this section. ((Capacities for water trail camping sites may be established)) Exceptions for emergencies may be approved by the ranger on an individual basis ((and are subject to change based upon the impacts to the area. All persons using water trail camping sites shall have in their possession a valid annual water trail permit or have paid the required nightly fee)). Water trail site fees, as published by state parks, must be paid at the time the site is occupied.

(11) Overnight stays (bivouac) on technical rock climbing routes will be allowed as outlined in the park's site specific climbing management plan. All litter and human waste must be contained and disposed of properly.

(12) Emergency camping areas may be used only when all designated campsites are full and at the park ranger's discretion. Persons using emergency areas must pay the applicable campsite fee and must vacate the site when directed by the park ranger.

(13) Designated overflow camping areas may be used only when all designated campsites in a park are full and the demand for camping in the geographic area around the park appears to exceed available facilities. Persons using overflow camping areas must pay the applicable campsite fee.

(14) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 00-13-070, 352-32-030, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. 98-04-065, 352-32-030, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.180. 96-02-015, 352-32-030, filed 12/21/95, effective 1/21/96. Statutory Authority: RCW 43.51.040 and [43.51.]060. 95-22-067, 352-32-030, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. 94-23-024, 352-32-030, filed 11/7/94, effective 1/1/95; 93-06-001, 352-32-030, filed 2/17/93, effective 3/20/93. Statutory Authority: RCW 43.51.040 and 43.51.180(7). 92-19-098, 352-32-030, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. 87-08-008 (Order 100), 352-32-030, filed 3/23/87, effective 5/15/87; 86-06-020 (Order 91), 352-32-030, filed 2/25/86; 83-09-031 (Resolution No. 67), 352-32-030, filed 4/15/83; 82-09-035 (Order 60), 352-32-030, filed 4/14/82; 81-09-034 (Order 50), 352-32-030, filed 4/14/81; 80-05-007 (Order 45), 352-32-030, filed 4/4/80. Statutory Authority: RCW 43.51.040(2) and 43.51.060(6). 78-05-082 (Order 39), 352-32-030, filed 5/1/78; Order 33, 352-32-030, filed 4/28/77; Order 9, 352-32-030, filed 11/24/70.]


AMENDATORY SECTION(Amending WSR 00-13-070, filed 6/16/00, effective 7/17/00)

WAC 352-32-045   Reservations for use of designated group facilities.   (1) All designated group facilities shall be reservable by groups as defined in WAC 352-32-010.

(2) All designated group facilities shall have a predetermined use capacity. No group exceeding this capacity in number shall use these areas. Groups making reservations shall be charged the applicable fee for a minimum of 20 people.

(3) Use of designated group facilities may be by reservation. Requests made at the park for reservations for groups of 20 to 250 shall be made 15 days in advance and for groups in excess of 250 shall be made 30 days in advance of the proposed use date, using the group use permit. All conditions outlined on the group use permit shall be binding on the group.

(4) Submittal of the group use permit request((,)) and payment in full of appropriate fees((, which may include a nonrefundable reservation transaction fee, a first day/night use fee and a damage deposit)) are required for the use of these facilities. Fees must be paid by credit card, certified check or money order. Fees are published by state parks. ((In those cases where the fee is submitted at a later date, it must be paid by certified check, or money order.)) Refunds will be made only to those groups which cancel their reservations thirty or more days before the effective date of the reservations.

(5) For overnight group use, parking will be in the provided, defined areas. If additional parking is required, it may be available in the park's extra vehicle parking facility following the payment of the appropriate extra vehicle parking fee.

(6) ((A damage deposit may be required by the park manager as part of the reservation. In those cases where the deposit is submitted at a date later than the reservation request, it must be paid by certified check, bank money order, or postal money order. This deposit shall be held by the Washington state parks and recreation commission to encourage the cleanliness and good order of the group facility. Deposits are published by state parks with the schedule of fees. Refund of this deposit shall be determined after an inspection of the area by a ranger and the individuals responsible for the group.)) The organization or delegated group leader making the reservation is responsible for any damages or extra cleaning that occurs as a result of the use of the facility(ies) beyond normal care and wear.

(7) Facility reservations for parks not on the central reservation system are made at the park and will be accepted for the calendar year, on or after the first working day in January of that calendar year. Reservations shall be made by a person of the age of majority, who must be in attendance during the group's activities. Reservations at the parks will be accepted in writing, in person, or by phone at the discretion of the park manager. In person and phone reservation requests shall only be accepted at the park during normal park operation hours. All reservation requests will be processed in order of arrival. Group facility areas not reserved are available on a first-come, first-serve basis.

(8) Any group wishing to sell or dispense alcoholic beverages must request and obtain all appropriate licenses and permits. In order to sell alcoholic beverages, the group must obtain a temporary concession permit from the headquarters office of the Washington state parks and recreation commission.

(9) It shall be within the authority of the park manager, or his representative, to rescind the rights of a reservation, and remove from the park, any or all members of the group whose behavior, at any time, is in conflict with any state laws, becomes detrimental to the health and safety of the group or other park users, or becomes so unruly as to affect the reasonable enjoyment of the park by other park users.

[Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 00-13-070, 352-32-045, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. 98-04-065, 352-32-045, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040 and [43.51.]060. 95-22-067, 352-32-045, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. 94-23-024, 352-32-045, filed 11/7/94, effective 1/1/95. Statutory Authority: RCW 43.51.060. 94-08-036, 352-32-045, filed 3/31/94, effective 5/1/94. Statutory Authority: RCW 43.51.040. 91-09-001, 352-32-045, filed 4/4/91, effective 5/15/91; 90-07-062, 352-32-045, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040 and 43.51.060. 88-07-074 (Order 103), 352-32-045, filed 3/18/88, effective 5/15/88; 83-09-031 (Resolution No. 67), 352-32-045, filed 4/15/83; 82-09-035 (Order 60), 352-32-045, filed 4/14/82; 80-05-007 (Order 45), 352-32-045, filed 4/4/80; Order 32, 352-32-045, filed 4/28/77.]


AMENDATORY SECTION(Amending WSR 00-13-070, filed 6/16/00, effective 7/17/00)

WAC 352-32-056   Peace and quiet.   To insure peace and quiet for visitors:

(1) No person shall conduct themselves so that park users are disturbed in their sleeping quarters or in campgrounds or park employees in their sleeping quarters between the quiet hours of ((11:00)) 10:00 p.m. and 6:30 a.m.

(2) No person shall, at any time, use sound-emitting electronic equipment including electrical speakers, radios, phonographs, televisions, or other such equipment, at a volume which emits sound beyond the immediate individual camp or picnic site that may disturb other park users without specific permission of the ((area)) park ranger.

(3) Engine driven electric generators may be operated only between the hours of 8:00 a.m. and 9:00 p.m.

(4) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 00-13-070, 352-32-056, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040 and 43.51.180(7). 92-19-098, 352-32-056, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. 86-06-020 (Order 91), 352-32-056, filed 2/25/86.]


AMENDATORY SECTION(Amending WSR 00-13-070, filed 6/16/00, effective 7/17/00)

WAC 352-32-120   Firearms and/or weapons.   No person shall possess a firearm with a cartridge in any portion of the mechanism within any upland state park area, nor shall any person discharge or propel across, in, or into any upland state park area as defined in WAC 352-32-010, a firearm, bow and arrow, spear, spear gun, harpoon, or air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the commission for good cause has authorized a special recreational activity upon finding that it is not inconsistent with state parks use. This WAC does not apply to general authority ((law enforcement)) Washington peace officers as defined in RCW 10.93.020. This WAC does not apply to other commissioned law enforcement officers who are in the performance of their official duties.

[Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 00-13-070, 352-32-120, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. 98-04-065, 352-32-120, filed 2/2/98, effective 3/5/98; 93-06-001, 352-32-120, filed 2/17/93, effective 3/20/93. Statutory Authority: RCW 43.51.040 and 43.51.060. 86-06-020 (Order 91), 352-32-120, filed 2/25/86; Order 9, 352-32-120, filed 11/24/70.]


AMENDATORY SECTION(Amending Order 9, filed 11/24/70)

WAC 352-32-180   Sanitation.   No person shall, in any state park area:

(1) Drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle, or vessel, except in designated disposal areas or receptacles.

(2) Clean fish or other food, or wash any clothing or other article for personal or household use, or any dog or other animal, except at designated areas.

(3) Clean or wash any automobile or other vehicle except in areas specifically for that use.

(4) Pollute, or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of any nature, kind, or description, including human or animal bodily waste, any stream, river, lake, or other body of water running in, through, or adjacent to, any state park area.

[Order 9, 352-32-180, filed 11/24/70.]


AMENDATORY SECTION(Amending WSR 02-19-069, filed 9/13/02, effective 10/14/02)

WAC 352-32-250   Standard fees charged.   Fees shall be charged in parks operated by the commission for use of lands, facilities, programs, services, and materials as published by state parks: Provided, however, That the commission may suspend any or all of these fees if revenues generated by the fees are not returned to the benefit of the parks: Provided further, That the director or designee has the authority to discount fees ((to a maximum of 50% below the published fee amounts)) in order to take advantage of marketing opportunities to encourage use and increase revenues. Any such discounts shall be effective for a limited period of time ((less than)) up to one year in duration. The director or designee may consider the following factors in temporarily establishing or discounting fees:

Prevailing rates for comparable facilities;

Day of the week;

Season of the year;

Amenities of the park area and site;

Demand for facilities;

Low-income eligibility requirements as adopted by state parks; and

Such other considerations as the director or designee deems appropriate. The director or designee shall prescribe the specific details and manner in which fees shall be applied. The director or designee may also waive fees for marketing or promotional purposes or to redress visitor complaints((, provided, however, that annual fees may not be waived)). The director or designee may also establish temporary fees for a maximum of one year for new facilities or services. An administrative fee, as published by state parks, will be assessed for replacement of lost, damaged, or destroyed passes or permits.

(1) The director or designee may authorize reciprocity with other state or federal agencies for the use of annual permits of like services, provided, that Washington licensed vehicles and/or residents shall be required to have and/or display the appropriate Washington permit;

(2) Overnight camping - standard campsite; utility campsite; emergency campsite; overflow campsite; hiker/biker campsite; walk-in campsite; primitive campsite for nonmotorized for motorized vehicle - fees will be charged as published by state parks. Payment for utility campsite will be collected whether utility hookups are actually used or not, except when otherwise specified by a ranger;

(3) Overnight camping - multiple campsites: Where campsites are designated and posted as a "multiple campsite," an individual may rent the multiple campsite by paying the multiple campsite fee and providing the required information on the occupants of the other sites. The multiple campsite fee will be calculated by multiplying the standard, utility or primitive campsite fee, as applicable, by the number of individual campsites to be used in the designated multiple campsite;

(4) Group camping area - certain parks: Individual camping units using these facilities must pay campsite fees as published by state parks;

(5) Conference center facilities - fees will be charged for use of facilities and services as set forth in the fee schedule published by state parks and will include, but not be limited to: Overnight accommodations in individual recreational housing units or dormitory units; use of meeting rooms, performance venues and rally areas; linen and janitorial services; group food services; and use of equipment, supplies, and staff time necessary to support group activities. Certain deposits, reservation and cancellation fees also apply as set forth in the fee schedule published by state parks and may not be refundable.

(6) Environmental interpretation:

(a) Service fees will be established by the director or designee in order to recover, to the maximum extent practicable, all direct and indirect costs of environmental interpretation services on a program-wide basis based on anticipated attendance.

(b) Material and publication fees will be established by the director or designee. All material and publication fees will be deposited in the parks improvement account to be used for purposes specified in RCW 79A.05.060.

(c) Facility use, including environmental learning center fees, will be established by the commission. A facility use fee schedule is available by contacting Washington State Parks and Recreation Commission, 7150 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98504-2650;

(7) Adirondacks - not to include those located in ELC areas: Occupancy shall be limited to the number of built-in bunks provided;

(8) Extra vehicle overnight parking fee will be charged for each additional unhitched vehicle in excess of the one recreational vehicle allowed at each campsite: Provided, An extra vehicle overnight parking fee shall not be imposed when the recreational vehicle and the towed vehicle arrive at the park hitched together, and after the camper has registered for and occupied the assigned campsite either the recreational vehicle or the towed vehicle remain parked at the campsite for the duration of the camper's stay;

(9) Unattended vehicle overnight parking permit: Unoccupied vehicles parked overnight in designated areas must register and pay the nightly permit fee. The permit must be prominently displayed in the vehicle;

(10) Watercraft launch site permit fee - charged according to facilities provided. Watercraft launch permit shall not be required for:

(a) Vehicles, other than those registered as extra overnight parking vehicles, registered for camping or overnight mooring in the park containing the watercraft launch site;

(b) Vehicles of persons using any recreational housing or conference facilities at Fort Worden State Park;

(c) Vehicles of persons holding limited-income senior citizen, disability or disabled veteran passes;

(d) Vehicles displaying a valid annual watercraft launch site permit;

(11) Annual watercraft launch site permit valid January 1 - December 31 at any launch site designated by the director or designee. Permit must be displayed as instructed on permit backing;

(12) Trailer dump station fee - fee shall not be required for:

(a) Registered camping vehicles in the park containing the dump station;

(b) Vehicles of persons holding limited-income senior citizen, disability or disabled veterans passes;

(13) Popular destination park - a surcharge will apply for use of standard or utility campsite located in a popular destination park during such periods as the director may specify;

(14) Water trail site ((permits -

(a) For unlimited use within the calendar year, the annual fee will be set by the director or designee after consultation with the water trail advisory committee;

(b))) fees - for one day/night ((use within the calendar year, the fee)) will be set by the ((director after consultation with the water trail advisory committee;

(c) For children under 13 years of age the permits shall be issued at no cost;

(d) Water trail permits issued to persons by another state or Canadian province will be honored provided that a similar reciprocal provision for Washington water trail permit holders is issued by that state or province;

(e) Water trail permits will be issued to holders of Washington state parks passes (WAC 352-32-251) for the applicable discounts)) commission;

(15) In addition to the regular fee, a per night surcharge shall be imposed for failure to pay the self-registration overnight facility fee;

(16) Group day use facilities - a minimum daily permit fee will be charged for groups of 20 or more;

(17) Reservation transaction - fee will be charged as published by state parks;

(18) Moorage facilities - fee will be charged as published by state parks;

(19) Hot showers, electric stoves - fees will be charged as published by state parks. Fees published by state parks do not apply in those circumstances set forth in WAC 352-32-280 and 352-32-285 as now or hereafter amended;

(20) Commercial recreation provider permit registration - a fee shall be charged, as published by state parks for registration as a commercial recreation provider;

(21) Commercial recreation provider permit - a fee shall be charged, as published by state parks for obtaining a permit to engage in commercial recreational use of state parks, as defined in WAC 352-32-010.

(22) Sno-park permit - seasonal and daily permit fees will be charged as published by state parks.

(23) Special groomed trail permit - a statewide special groomed trail permit will be required for use of special groomed trail areas. The fee charged will be as published by state parks.

(24) Wood debris collection permit - fee will be charged for collection and removal of wood debris from a state park area pursuant to RCW 4.24.210. The fee may be waived for volunteers assisting with emergency salvage and storm clean-up in the parks.

(25) Merchandise - prices for merchandise including but not limited to interpretive, recreational and historic materials, literature, food, beverage, grocery and other items at agency operated sales points will be based on market rates and practices.

(26) Back country camping permit - fee will be charged as published by state parks for selected state park areas as designated by the director.

(27) Group use registration - fee will be charged for groups of a size to be specified in the fee schedule on a park by park basis who have not otherwise reserved group facilities.

(28) Special event - fees will be charged based on the cost of providing events and market rates for comparable activities at other locations.

(29) Aquatic facilities - fees will be charged as published by state parks.

(30) Vehicle parking permit:

(a) The director or designee shall designate state parks where a vehicle parking permit shall be required for parking and shall publish a fee schedule to include any or all of the following:

(i) A single day or multiple day vehicle parking permit;

(ii) An annual vehicle parking permit;

(b) Vehicle parking permits shall not be required for:

(i) Vehicles registered for overnight accommodations, other than those registered as extra overnight parking vehicles;

(ii) Vehicles whose occupants hold a current pass authorized in WAC 352-32-251, Limited income senior citizen, disability, and disabled veteran passes;

(iii) Vehicles whose occupants hold a current watercraft launch site permit;

(iv) Vehicles whose occupants perform volunteer activities approved by the park ranger;

(v) Vehicles whose occupants engage in official business as authorized by agreement or otherwise approved by the park ranger;

(c) Any vehicle parking permit must be displayed as instructed on the permit.

(31) Checks dishonored by nonacceptance or nonpayment (NSF checks) - handling fee and interest:

(a) A handling fee may be assessed consistent with the maximum amount allowed in the office of state procurement, department of general administration's state contract and as published by state parks for checks as defined by chapter 62A.3-104 RCW, dishonored by nonacceptance or nonpayment.

(b) Interest at the maximum rate allowable may be charged on the NSF check as defined by chapter 62A.3-515 RCW, and as published by state parks for a check not paid within fifteen days after a statutory notice of dishonor is sent to maker's last known address.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. 02-19-069, 352-32-250, filed 9/13/02, effective 10/14/02. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 00-13-070, 352-32-250, filed 6/16/00, effective 7/17/00. Statutory Authority: Chapter 79A.05 RCW and RCW 79A.05.070. 00-01-201, 352-32-250, filed 12/22/99, effective 1/22/00. Statutory Authority: RCW 43.51.040(2). 98-23-063, 352-32-250, filed 11/16/98, effective 1/1/99. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300. 97-21-133, 352-32-250, filed 10/21/97, effective 1/1/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040. 96-22-018, 352-32-250, filed 10/29/96, effective 1/1/97. Statutory Authority: RCW 43.51.040 and [43.51.]060. 95-22-067, 352-32-250, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.060 and 43.51.395. 95-07-061, 352-32-250, filed 3/13/95, effective 4/13/95. Statutory Authority: RCW 43.51.040. 94-23-024, 352-32-250, filed 11/7/94, effective 1/1/95. Statutory Authority: RCW 43.51.060. 94-13-080, 352-32-250, filed 6/13/94, effective 7/14/94; 94-08-036, 352-32-250, filed 3/31/94, effective 5/1/94. Statutory Authority: RCW 43.51.040. 93-19-113, 352-32-250, filed 9/20/93, effective 10/21/93; 93-08-025, 352-32-250, filed 3/30/93, effective 5/1/93. Statutory Authority: Chapter 43.51 RCW. 92-10-018, 352-32-250, filed 4/29/92, effective 5/30/92. Statutory Authority: RCW 43.51.040. 91-09-001, 352-32-250, filed 4/4/91, effective 5/15/91; 90-07-062, 352-32-250, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040 and 43.51.060. 89-07-020 (Order 89-01), 352-32-250, filed 3/7/89; 88-07-074 (Order 103), 352-32-250, filed 3/18/88, effective 5/15/88; 87-08-008 (Order 100), 352-32-250, filed 3/23/87, effective 5/15/87; Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060. 85-08-003 (Order 88), 352-32-250, filed 3/22/85, effective 5/15/85. Statutory Authority: RCW 43.51.040 and 43.51.060. 84-09-045 (Order 77), 352-32-250, filed 4/16/84. Statutory Authority: RCW 43.51.055 and 43.51.060. 83-23-094 (Order 71), 352-32-250, filed 11/22/83. Statutory Authority: RCW 43.51.040 and 43.51.060. 83-09-031 (Resolution No. 67), 352-32-250, filed 4/15/83; 82-15-059 (Order 62), 352-32-250, filed 7/20/82; 82-09-035 (Order 60), 352-32-250, filed 4/14/82; 81-09-034 (Order 50), 352-32-250, filed 4/14/81; 80-05-007 (Order 45), 352-32-250, filed 4/4/80. Statutory Authority: RCW 43.51.040(2) and 43.51.060(6). 79-09-077 (Order 42), 352-32-250, filed 8/30/79, effective 10/1/79; 79-02-032 (Order 41), 352-32-250, filed 1/23/79, effective 5/1/79; 78-05-082 (Order 39), 352-32-250, filed 5/1/78; Order 36, 352-32-050 (codified as WAC 352-32-250), filed 10/11/77; Order 27, 352-32-250, filed 11/19/76.]


AMENDATORY SECTION(Amending WSR 00-13-070, filed 6/16/00, effective 7/17/00)

WAC 352-32-251   Limited income senior citizen, disability, and disabled veteran passes.   (1)(a) Persons who are senior citizens, meet the eligibility requirements of RCW 79A.05.065, and have been residents of Washington state for at least ((one year)) the past twelve consecutive months shall, upon application to the commission accompanied by either a copy of a federal income tax return filed for the previous calendar year, or a senior citizen property tax exemption pursuant to RCW 84.36.381, or a notarized affidavit of income on a form provided by the commission, receive a limited income senior citizen pass at no charge, which entitles the holder's camping party to free admission to any state park ((administered facility)), free use of trailer dump stations, watercraft launch sites, and to a 50 percent reduction in any campsite fees, or moorage fees((, or watertrail permit fees)) levied by the commission. Limited income senior citizen passes shall remain valid so long as the pass holder meets eligibility requirements.

(b) Proof submitted to the commission for the return of a senior citizen pass surrendered upon request to a commission employee who has reason to believe the user does not meet the eligibility criteria shall be the same as listed in subsections (1) and (5) of this section for original pass issuance.

(2) Persons who are permanently disabled, legally blind, or profoundly deaf, meet the eligibility requirements of RCW 79A.05.065, and have been residents of Washington state for at least ((one year)) the past twelve consecutive months shall, upon application to the commission, receive a five year disability pass at no charge and temporarily disabled persons who meet the eligibility requirements of RCW 79A.05.065 and have been residents of Washington state for at least ((one year)) the past twelve consecutive months shall, upon application to the commission, receive a one year disability pass at no charge which entitles the holder's camping party to free admission to any state park ((administered facility)), free use of trailer dump stations, watercraft launch sites, and to a 50 percent reduction in any campsite fees, or moorage fees((, or watertrail permit fees)) levied by the commission.

(3) Persons who are veterans, meet the eligibility requirements of RCW 79A.05.065, and have been residents of Washington state for at least ((one year)) the past twelve consecutive months shall, upon application to the commission, receive a lifetime disabled veteran pass at no charge ((which)). Pass holders must provide proof of continued residency as determined by the director or designee. The pass entitles the holder's camping party to free admission to any state park ((administered facility)) and to free use of any state park campsite, trailer dump station, watercraft launch site, moorage facility, ((watertrail permit,)) and reservation service.

(4) Applications for limited income senior citizen, disability, and disabled veteran passes shall be made on forms prescribed by the commission.

(5) Verification of age shall be by original or copy of a birth certificate, notarized affidavit of age, witnessed statement of age, baptismal certificate, or driver's license. Verification of residency shall be by original or copy of a Washington state driver's license, voter's registration card, or senior citizen property tax exemption.

(6) For pass holders who travel by car or recreational vehicle, camping party shall include the pass holder and up to seven guests of the holder who travel with the holder and use one campsite or portion of a designated group camping or emergency area. One additional vehicle without built-in sleeping accommodations may be part of the camping party of a pass holder at one campsite or portion of a designated group camping or emergency area, when in the judgment of a ranger, the constructed facilities so warrant, and the total number of guests of the holder do not exceed seven.

(7) For pass holders who travel by a mode of transportation other than car or recreational vehicle, camping party shall include the pass holder and up to seven guests who travel with the pass holder and use one campsite or portion of a designated group camping or emergency area.

(8) If the conditions of a pass holder change or the pass holder changes residency to a place outside Washington state during the time period when a pass is valid such that a pass holder no longer meets the eligibility requirements of RCW 79A.05.065 and WAC 352-32-251, the pass becomes invalid, and the pass holder shall return ((a)) the pass to the commission or surrender the pass to a state park representative.

[Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 00-13-070, 352-32-251, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. 98-04-065, 352-32-251, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300. 97-21-133, 352-32-251, filed 10/21/97, effective 1/1/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040. 96-22-018, 352-32-251, filed 10/29/96, effective 1/1/97. Statutory Authority: RCW 43.51.040 and 43.51.060. 90-04-024, 352-32-251, filed 1/29/90, effective 3/1/90. Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060. 88-19-087 (Order 106), 352-32-251, filed 9/19/88. Statutory Authority: RCW 43.51.055 and 43.51.060. 83-23-094 (Order 71), 352-32-251, filed 11/22/83.]


AMENDATORY SECTION(Amending WSR 98-04-065, filed 2/2/98, effective 3/5/98)

WAC 352-32-252   Off-season senior citizen pass -- Fee.   (1) Persons who are senior citizens, are at least sixty-two years of age, and have been residents of Washington state for at least ((one year)) the past twelve consecutive months shall, upon application to the commission, receive an off-season senior citizen pass which entitles the holder's camping party to camp at any camping areas made available by the commission, as well as use of agency mooring facilities, at no cost beyond the charges provided for in subsection (3) of this section, effective October 1 through March 31, and Sunday through Thursday nights in April as determined by the director and posted. Each such pass shall be valid only during one off-season period.

(2) Applications for off-season senior citizen passes shall be made on forms prescribed by the commission and shall be accepted only after August 1 for the following off-season period.

(3) There shall be a fee for each off-season senior citizen pass. Limited income senior citizen pass holders may purchase the off-season pass at a 50 percent discount. A surcharge equal to the fee for an electrical hookup published by state parks shall be assessed for each night an off-season senior citizen pass holder uses a campsite with an electrical hookup.

(4) For pass holders who travel by car or recreational vehicle camping party shall include the pass holder and up to seven guests of the holder who travel with the holder and use one campsite or portion of a designated group camping or emergency area. One additional vehicle without built-in sleeping accommodations may be part of the camping unit of a holder at one campsite or portion of a designated group camping or emergency area, when in the judgment of a ranger, the constructed facilities so warrant, and the total number of guests of the holder do not exceed seven.

(5) For pass holders who travel by a mode of transportation other than car or recreational vehicle, camping party shall include the pass holder and up to seven guests who travel with the holder and use one campsite or portion of a designated group camping or emergency area.

(6) If a pass holder changes residency to a place outside Washington state during the time period when a pass is valid, the pass becomes invalid and the pass holder shall return the pass to the commission or surrender the pass to a state park representative.

[Statutory Authority: RCW 43.51.040. 98-04-065, 352-32-252, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040 and [43.51.]060. 95-22-067, 352-32-252, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.060. 94-08-036, 352-32-252, filed 3/31/94, effective 5/1/94. Statutory Authority: RCW 43.51.040. 93-08-025, 352-32-252, filed 3/30/93, effective 5/1/93; 91-09-001, 352-32-252, filed 4/4/91, effective 5/15/91; 90-07-062, 352-32-252, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060. 88-19-087 (Order 106), 352-32-252, filed 9/19/88; 85-08-003 (Order 88), 352-32-252, filed 3/22/85, effective 5/15/85. Statutory Authority: RCW 43.51.055 and 43.51.060. 83-23-094 (Order 71), 352-32-252, filed 11/22/83.]

Washington State Code Reviser's Office