WSR 08-21-135

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

NATURAL RESOURCES

[ Filed October 20, 2008, 1:39 p.m. ]

Subject of Possible Rule Making: The department is considering revisions and/or additions to WAC 332-30-144 regarding private recreational docks on state-owned aquatic lands.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 79.105.360, 79.105.430.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 1984, the department promulgated WAC 332-30-144 defining recreational docks, their requirements and limitations. Since that rule was adopted, there have been a number of other recreational uses on the waters of the state that may or may not fit within the definition of a recreational dock. Since the legislature authorized recreational docks as a use that may occur without fee on state-owned aquatic lands in RCW 79.105.430, many new uses associated with recreational docks have started. There is a need for the department of natural resources to revisit the kinds of uses, their scope and extent that should be allowed under the recreational dock statute.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Local: County and city governments.

State: Washington department of fish and wildlife, Washington department of ecology.

Federal: United States Army Corps of Engineers.

The department will provide the same opportunities for involvement by the agencies mentioned here, as it will for the public's participation outlined below. It is the intent of the department, when appropriate, to propose rules consistent with statutes or rules adopted by the agencies mentioned here.

Process for Developing New Rule: Full rule-making process.

The department intends to follow a community relations approach to revising WAC 332-30-144. Opportunities for public participation will be offered in early 2009 in advance of filing the CR-102 Notice of proposed rule making.

Opportunities for involvement will also occur as part of the State Environmental Policy Act (SEPA) review process. Public meetings, held across the state, will provide opportunities for department officials to present the purpose/context for the rule revision and gather citizen input related to possible rule addition and/or revision.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Questions, comments, and suggestions may be sent to the Washington Department of Natural Resources, Aquatic Resources Division, P.O. Box 47027, Olympia, WA 98504-7027, phone (360) 902-1100, fax (360) 902-1786, e-mail ARD@dnr.wa.gov. Information will also be posted at http://www.dnr.wa.gov/RecreationEducation/Topics/PublicUseConcerns/Pages/aqr_moses_lake_public_mtg.aspx.

October 20, 2008

Francea L. McNair

Aquatic Lands Steward

Washington State Code Reviser's Office