WSR 04-05-105

EXPEDITED RULES

DEPARTMENT OF ECOLOGY


[ Order 04-04 -- Filed February 18, 2004, 9:25 a.m. ]

Title of Rule: WAC 173-26-105 Review by ecology under Part III -- Election by local governments of intent to develop pursuant to Part IV.

Purpose: Repeal of WAC 173-26-105 Review by ecology under Part III -- Election by local governments of intent to develop pursuant to Part IV.

Statutory Authority for Adoption: RCW 90.58.060 and 90.58.200.

Statute Being Implemented: Chapter 90.58 RCW, the Shoreline Management Act of 1971.

Summary: An oversight in the recently completed rule-making process adopting new shoreline management guidelines, incorrectly left in effect the subject section, which is no longer relevant. The subject section should have been repealed simultaneous with adoption of new guidelines, as it relates to the two distinct paths (Parts III and IV) of the old guidelines, which no longer exist.

Reasons Supporting Proposal: See Purpose and Summary above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Peter Skowlund, Olympia, Washington, (360) 407-6522.

Name of Proponent: Washington State Department of Ecology, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose and Summary above.

Proposal Changes the Following Existing Rules: WAC 173-26-105 will be repealed.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jerry Thielen, Agency Rules Coordinator, Washington Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600 , AND RECEIVED BY 5:00 p.m., April 20, 2004.


February 13, 2004

Polly Zehm

Interim Deputy Director

REPEALER


The following section of the Washington Administrative Code is repealed:


WAC 173-26-105 Review by ecology under Part III -- Election by local governments of intent to develop pursuant to Part IV.

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