WSR 08-13-034

EXPEDITED RULES

DEPARTMENT OF

NATURAL RESOURCES

[ Filed June 10, 2008, 3:10 p.m. ]

Title of Rule and Other Identifying Information: Amending WAC 332-24-720 Forest protection zone -- Pierce County.

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 THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Darrel Johnston, Department of Natural Resources, 1111 Washington Street S.E., P.O. Box 47037, Olympia, WA 98504-7037 , AND RECEIVED BY August 18, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend to accurately reflect forest lands removed within Pierce County from department of natural resources (DNR) fire protection and assign responsibility for fire protection to the respective Pierce County fire protection district.

Boundary changes were negotiated with the associated fire protection districts as specified by RCW 76.04.165(3).

Reasons Supporting Proposal: To clarify the DNR geographic area of fire protection responsibility, as directed in RCW 76.04.165(3). This will result in more effective fire protection for the residents of the area.

Statutory Authority for Adoption: RCW 76.04.165.

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

Name of Proponent: Darrel Johnston, DNR, governmental.

Name of Agency Personnel Responsible for Drafting: Darrel Johnston, 1111 Washington Street S.E., Olympia, WA 98504-7037, (360) 902-2112; Implementation and Enforcement: DNR South Puget Sound Region, 950 Farman Avenue North, Enumclaw, WA 98022, (360) 825-1631.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: DNR is not currently assessing forest protection on these lands.

Mark Kahley

for Victoria Christiansen

Executive Director of

Regulatory Programs

OTS-1332.2


AMENDATORY SECTION(Amending WSR 97-05-066, filed 2/19/97, effective 1/1/98)

WAC 332-24-720   Forest protection zone--Pierce County.   (1) It is determined that some forest lands within Pierce County are best protected by fire protection districts. Therefore, the forest lands, situated in the following fire protection districts, are removed from the department's forest protection zone and become the protection responsibility of the district:

(a) Fire Protection District 1. All forest lands, except state and federal forest lands within the legal description as follows: Township 20 North, Range 4 East, W.M., Sections 22, 23, 25, 26, 27, 35, 36; Township 20 North, Range 5 East, W.M., Sections 19, 20, 29, 30, 31, 32; Township 19 North, Range 5 East, W.M., Sections 5, 6; Township 19 North, Range 4 East, W.M., Section 1.

(b) Fire Protection District 5. All forest lands, except state and federal forest lands within the legal description as follows: Township 22 North, Range 1 East, W.M., Sections 13, 24, 25, 26, 34, 35, 36; Township 22 North, Range 2 East, W.M., Sections 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33; Township 21 North, Range 1 East, W.M., Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 34, 35, 36; Township 21 North, Range 2 East, W.M., Sections 4, 5, 6, 7, 8, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33; Township 20 North, Range 1 East, W.M., Sections 1, 2, 11, 12, 13; Township 20 North, Range 2 East, W.M., Sections 5, 6, 7, 18.

(c) Fire Protection District 6. All forest lands, except state and federal forest lands within the legal description as follows: Township 18 North, Range 3 East W.M., Sections 1, 2, 3, 4, 10, 11, 12, 13, 14, 23, 24, 45; Township 19 North, Range 3 East W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53; Township 19 North, Range 4 East W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, ((f))19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 35, the N 1/2 SW 1/4 of Section 36, Section 38; Township 20 North, Range 3 East W.M., Sections 11, 13, 14, 23, 24, 25, 26, 27, 31, 34, 35, 36, 39, 41; Township 20 North, Range 4 East W.M., Sections 19, 29, 30, 31, 32.

(((b))) (d) Fire Protection District 10. All forest lands, except state and federal forest lands within the legal description as follows: Township 21 North, Range 4 East, W.M., Sections 30, 31; Township 20 North, Range 3 East, W.M., Sections 1, 2, 11, 12, 13; Township 20 North, Range 4 East, W.M., Sections 5, 6, 7, 8.

(e) Fire Protection District 12. All forest lands, except state and federal forest lands within the legal description as follows: Township 20 North, Range 5 East, W.M., Sections 25, 26, 27, 34, 35, 36; Township 20 North, Range 6 East, W.M., Sections 31, 32; Township 19 North, Range 5 East, W.M., Sections 1, 2, 11, 12; Township 19 North, Range 6 East, W.M., Sections 4, 5, 6, 7, 8, 9, 10, 16.

(f) Fire Protection District 13. All forest lands, except state and federal forest lands within the legal description as follows: Township 21 North, Range 3 East, W.M., Sections 16, 17, 20, 21.

(g) Fire Protection District 14. All forest lands, except state and federal forest lands within the legal description as follows: Township 20 North, Range 3 East, W.M., Sections 11, 12, 13, 14, 24; Township 20 North, Range 4 East, W.M., Sections 18, 19, 20, 29, 30.

(h) Fire Protection District 16. All forest lands except state and federal forest lands within the legal description as follows: Township 22 North, Range 1 West, W.M., Sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36; Township 21 North, Range 1 West, W.M., Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 35, 36; Township 20 North, Range 1 West, W.M., Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 35, 36; Township 20 North, Range 1 East, W.M., Sections 6, 7, 18, 19; Township 19 North, Range 1 West, W.M., Sections 1, 2; Township 22 North, Range 1 East, W.M., Sections 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 31, 32, 33; Township 21 North, Range 1 East, W.M., Sections 5, 6.

(i) Fire Protection District 18. All forest lands, except state and federal forest lands within the legal description as follows: Township 18 North, Range 4 East, W.M., the NE 1/4((,)) and the S 1/2 of Section 1, 12; Township 18 North, Range 5 East, W.M., Sections 5, 6, 7, Section 8 west of Orville Road, Section 17 west of Orville Road; Township 19, Range 4 East, W.M., the S 1/2 SE 1/4 of Section 1, Sections 12, 13, 24, the NE 1/4((,)) and the E 1/2 NW 1/4((,)) and the NE 1/4 NW 1/4((,)) and the SE 1/4 of Section 25, Section 26, the SE 1/4 NE 1/4((,)) and the E 1/2 SE 1/4 of Section 36, Sections or Claim Numbers 37, 38; Township 19 North, Range 5 East, W.M., the S 1/2 S 1/2 of Section 6, the N 1/2 NE 1/4((,)) and the SW 1/4 NE 1/4((,)) and the W 1/2 of Section 7, the W 1/2 of Section 18, the W 1/2 SE 1/4 west of Carbon River in Section 19, south of Carbon River in Section 30, Sections 31, 32, Sections or Claim Numbers 37, 38, 40.

(((c))) (j) Fire Protection District 21. All forest lands, except state and federal forest lands within the legal description as follows: Township 17 North, Range 3 East, W.M., Sections 1, 2, 11, 12; Township 17 North, Range 4 East, W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15; Township 17 North, Range 5 East, W.M., Sections 4, 5, 6, 7; Township 18 North, Range 3 East, W.M., Sections 13, 14, 23, 24, 25, 26, 27, 34, 35, 36; Township 18 North, Range 4 East, W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36; Township 18 North, Range 5, East W.M., Sections 18, 19, 20, 29, 30, 31, 32, 33; Township 19 North, Range 4 East, W.M., Sections 28, 29, 30, 31, 32, 33, 34.

(((d))) (k) Fire Protection District 22. All forest lands, except state and federal forest lands within the legal description as follows: Township 20 North, Range 5 East, W.M., the S 1/2 S 1/2 SW 1/4 west of the top of the westerly bluff of the White River Gorge in Section 2, the SW 1/4 NE 1/4((,)) and the NW 1/4((,)) and the S 1/2 of Section 3, Sections 4, 5, the E 1/2 of Section 7, Sections 8, 9, 10, Section 11 west of the top of the westerly bluff of the White River Gorge, the SW 1/4 SW 1/4 of Section 13, Section 14 west of the top of the westerly bluff of the White River Gorge, Sections 15, 16, 17, the NE 1/4((,)) and the N 1/2 SE 1/4((,)) and the SE 1/4 SE 1/4 of Section 18, the N 1/2((,)) and the SE 1/4 SW 1/4((,)) and the SE 1/4 of Section 20, Sections 21, 22, 23, the NW 1/4 NW 1/4((,)) and the S 1/2 NW 1/4((,)) and the SW 1/4 of Section 24, ((and)) the N 1/2 NE 1/4((,)) and the N 1/2 NW 1/4 of Section 29.

(((e))) (l) Fire Protection District 24. All forest lands, except state and federal forest lands within the legal description as follows: Township 19 North, Range 5 East, W.M., Sections 3, 4, the NE 1/4((,)) and the E 1/2 SW 1/4((,)) and the SW 1/4 SW 1/4 north of Rhodes Lake Road((,)) and the SE 1/4 of Section 5, Section 8 north of Rhodes Lake Road, the E 1/2((,)) and the NW 1/4 north of Rhodes Lake Road in Section 9, Section 10, the S 1/2 of Section 11, ((North)) the N 1/2 of Section 14.

(((f))) (m) Fire Protection District 27. All forest lands, except state and federal forest lands on Anderson Island.

(2) Forest lands removed from the forest protections zone will not be assessed under RCW 76.04.610 or 76.04.630.

(3) The exchange of fire protection responsibility involving Fire Protection District 21 will be effective January 1, 1994.

(4) The exchange of fire protection responsibility involving Fire Protection District 27 will be effective January 1, 1997.

(5) The exchange of fire protection responsibility involving Fire Protection Districts 6, 18, 22, and 24 will be effective January 1, 1998.

(6) The exchange of fire protection responsibility involving Fire Protection Districts 1, 5, 10, 12, 13, 14, and 16 will be effective January 1, 2006.

[Statutory Authority: RCW 76.04.165. 97-05-066, 332-24-720, filed 2/19/97, effective 1/1/98; 96-03-003 (Order 632), 332-24-720, filed 1/4/96, effective 1/1/97; 93-07-002 (Order 609), 332-24-720, filed 3/4/93, effective 4/4/93.]

Washington State Code Reviser's Office