WSR 08-13-035

EXPEDITED RULES

DEPARTMENT OF

NATURAL RESOURCES

[ Filed June 10, 2008, 3:11 p.m. ]

Title of Rule and Other Identifying Information: Repealing WAC 332-24-700 Forest protection zone -- Vashon and Maury islands and 332-24-735 Forest protection zone -- King county fire district #45; and amending WAC 332-24-730 Forest protection zone -- King 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 geographic boundary to accurately reflect forest lands removed within King County from department of natural resources (DNR) fire protection and assign responsibility for fire protection to the respective King County fire protection district. Repeal WAC 332-24-710 and 332-24-735 and incorporate the current language into WAC 332-24-730.

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-1333.3


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

WAC 332-24-730   Forest protection zone -- King County.   (1) It is determined that some forest lands within King County are best protected by fire protection districts. Therefore, the forest lands, situated within 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 10. All forest lands, except King County, state and federal forest lands, within the legal description as follows: Township 23 North, Range 5 East, W.M., the N 1/2 NW 1/4 and the SE 1/4 NW 1/4 of Section 1, the NW 1/4 and the S 1/2 of Sections 2, 3, 10, 11, 12, 13; Township 24 North, Range 5 East, W.M., Sections 13, 14, 23, 24, 25, 26, 27, 34, the NW 1/4 NW 1/4 and the SW 1/4 SW 1/4 of Section 35; Township 23 North, Range 6 East, W.M., E 3/4 of Sections 3, 6, 7, 8, 10, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 26, 27, 28, 29, 36; Township 24 North, Range 6 East, W.M., the S 1/2 NW 1/4 and the N 1/2 SW 1/4 of Section 1, the S 1/2 and the S 1/2 NW 1/4 of Sections 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 north of Interstate 90, Section 27 north of Interstate 90, 28, the SE 1/4 and the S 1/2 SW 1/4 and the NE 1/4 SW 1/4 of Section 29, the N 1/2 NE 1/4 and the NE 1/4 NW 1/4 of Section 30, the N 1/4 E 1/2 of Sections 32, 33, 34; Township 25 North, Range 6 East W.M., Sections 26, 27, 28, 32, 33, 34, the N 1/2 NW 1/4 and the SW 1/4 NW 1/4 of Section 35; Township 26 North, Range 6 East, W.M., Sections 25, 26, 35, 36; Township 23 North, Range 7 East, W.M., Sections 3, 4, 10; Township 24 North, Range 7 East, W.M., Sections 18, 19, the S 1/2 of Sections 29, 30, 32, the W 3/4 of Section 33; Township 25 North, Range 6 East, W.M., Sections 1, 12; Township 25 North, Range 7 East, W.M., that portion of the SW 1/4 west of the Tolt River of Section 1, the W 1/2 SW 1/4 of Sections 3, 4, 5, 6, 7, 8, 9, the W 3/4 and the E 1/2 SE 1/4 of Section 10, the SE 1/4 SW 1/4 and that portion of the E 1/2 west of the Tolt River of Section 11, that portion of the NW 1/4 west of the Tolt River of Section 12, the N 3/4 W 1/2 E 1/2 and the E 1/2 W 1/2 and the SW 1/4 SW 1/4 of Section 14, the W 1/2 and the S 1/2 SE 1/4 of Sections 15, 16, 17, 20, 21, 22, the W 1/4 of Section 23, the SE 1/4 and the NW 1/4 and the NE 1/4 SW 1/4 of Section 26, the N 1/4 and the W 1/4 of Sections 27, 28, 29, 30, 32, 33, that portion west of Griffin Creek of Section 34; Township 26 North, Range 7 East, W.M., the SW 1/4 and the S 1/2 SE 1/4 of Sections 26, 27, 31, 32, 33, the W 1/4 and the N 3/4 E 1/2 W 1/2 of Section 34, the N 1/2 and the E 3/4 N 1/2 S 1/2 of Sections 35, 36.

(b))) (a) Fire Protection District 2. All forest lands, except state and federal lands, within the legal description as follows: Township 23 North, Range 3 East, W.M., Sections 25, 36; Township 23 North, Range 4 East, W.M., Sections 30, 31, 32; Township 22 North, Range 4 East, W.M., Sections 5, 6, 7.

(b) Fire Protection District 4. All forest lands, except state and federal lands, within the legal description as follows: Township 26 North, Range 3 East, W.M., Sections 1, 2, 11, 12, 13, 14; Township 26 North, Range 4 East, W.M., Sections 4, 5, 6, 7, 8, 9, 16, 17, 18.

(c) Fire Protection District 10. All forest lands, except King County, state and federal forest lands, within the legal description as follows: Township 23 North, Range 5 East, W.M., the NE 1/4 and the S 1/2 and the SW 1/4 and the NW 1/4 of Section 1, the NW 1/4 and the S 1/2 of Section 2, Section 3, 10, 11, 12, 13; Township 24 North, Range 5 East, W.M., Sections 13, 14, 23, 24, 25, 26, 27, 34, the NW 1/4 NW 1/4 and the SW 1/4 SW 1/4 of Section 35; Township 23 North, Range 6 East, W.M., E 3/4 of Section 3, Sections 6, 7, 8, 10, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 36; Township 24 North, Range 6 East, W.M., the S 1/2 NW 1/4 and the N 1/2 SW 1/4 of Section 1, the S 1/2 and the S 1/2 NW 1/4 of Section 2, Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, Section 26 north of Interstate 90, Section 27 north of Interstate 90, Section 28, the SE 1/4 and the S 1/2 SW 1/4 and the NE 1/4 SW 1/4 of Section 29, the N 1/2 NE 1/4 and the NE 1/4 NW 1/4 of Section 30, the N 1/4 E 1/2 of Section 32, Sections 33, 34; Township 25 North, Range 6 East, W.M., Sections 26, 27, 28, 32, 33, 34, the N 1/2 NW 1/4 and the SW 1/4 NW 1/4 of Section 35; Township 26 North, Range 6 East, W.M., Sections 25, 26, 35, 36; Township 23 North, Range 7 East, W.M., Sections 2, 3, 4, 10; Township 24 North, Range 7 East, W.M., Sections 18, 19, 20, 21, 28, 29, 30, 32, the W 3/4 of Section 33; Township 25 North, Range 6 East, W.M., Sections 1, 12; Township 25 North, Range 7 East, W.M., that portion of the SW 1/4 west of the Tolt River of Section 1, the W 1/2 SW 1/4 of Section 3, Sections 4, 5, 6, 7, 8, 9, the W 3/4 and the E 1/2 SE 1/4 of Section 10, the SE 1/4 SW 1/4 and that portion of the E 1/2 west of the Tolt River of Section 11, that portion of the NW 1/4 west of the Tolt River of Section 12, the N 3/4 W 1/2 E 1/2 and the E 1/2 W 1/2 and the SW 1/4 SW 1/4 of Section 14, the W 1/2 and the S 1/2 SE 1/4 of Section 15, Sections 16, 17, 20, 21, 22, the W 1/4 of Section 23, the SE 1/4 and the NW 1/4 and the NE 1/4 SW 1/4 of Section 26, the N 1/4 and the W 1/4 of Section 27, Sections 28, 29, 30, 32, 33, that portion west of Griffin Creek of Section 34; Township 26 North, Range 7 East, W.M., the SW 1/4 and the S 1/2 SE 1/4 of Section 26, Sections 27, 31, 32, 33, the W 1/4 and the N 3/4 E 1/2 W 1/2 of Section 34, the N 1/2 and the E 3/4 N 1/2 S 1/2 of Sections 35, Section 36.

(d) Fire Protection District 11. All forest lands, except state and federal lands, within the legal description as follows: Township 24 North, Range 3 East, W.M., Sections 32, 33; Township 23 North, Range 3 East, W.M., Sections 4, 5, 6, 7, 8, 9; Township 23 North, Range 3 East, W.M., Sections 1, 2, 11, 12.

(e) Fire Protection District 13. All forest lands, except state and federal lands, located on Vashon or Maury Island.

(f) Fire Protection District 14. All forest lands, except state and federal lands, within the legal description as follows: Township 24 North, Range 5 East, W.M., Sections 10, 11, 14, 15, 22, 23.

(g) Fire Protection District 20. All forest lands, except state and federal lands, within the legal description as follows: Township 23 North, Range 4 East, W.M., Sections 1, 11, 12, 13, 14; Township 23 North, Range 5 East, W.M., Sections 6, 7, 18.

(h) Fire Protection District 24. All forest lands, except state and federal lands, within the legal description as follows: Township 22 North, Range 4 East, W.M., Sections 2, 3; Township 23 North, Range 4 East, W.M., Sections 34, 35.

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

(j) South King Fire and Rescue Formerly Fire Protection District 26. All forest lands except state and federal lands, within the legal description as follows: Township 22 North, Range 4 East, W.M., Sections 5, 8, 9, 16, 17, 20, 21, 28, 29, 32; Township 21 North, Range 4 East, W.M., Section 5.

(k) South King Fire and Rescue Formerly Fire Protection District 39. All forest lands, except state and federal lands, within the legal description as follows: Township 22 North, Range 4 East, W.M., Sections 23, 26, 34, 35; Township 21 North, Range 4 East, W.M., Sections 2, 3, 4, 9, 10, 11, 14, 15, 21, 22, 23, 26, 27, 28, 30, 32, 33, 34, 35; Township 21 North, Range 3 East, W.M., Sections 1, 10, 11, 12, 13, 14, 23, 24, 25.

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

(m) Fire Protection District 28. All forest lands, except state and federal forest lands within the legal description as follows: Township 19 North, Range 6 East, W.M., Section 1 north of the White River; Township 19 North, Range 7 East, W.M., Section 6 ((NE 1/4, NW 1/4, SW 1/4)) north of the White River((, SE 1/4)); Township 20 North, Range 5 East, W.M., Section 13 east of the White River, and Section 24 east of the White River; Township 20 North, Range 6 East, W.M., Section 1, the E 1/2 of Section 8, Sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, Section 19 north of the White River, Sections 20, 21, 22, 23, 24, 25, 26, 27, 28, Section 29 north of the White River, Section 30 north of the White River, Section 32 north of the White River, Section 33 north of the White River, Section 34 north of the White River, Section 35 north of the White River, Section 36 north of the White River, Section or Claim Number 37; Township 20 North, Range 7 East, W.M., Sections 6, 7, 18, 19, 30, 31.

(((c) Fire Protection District 27. All forest lands except state and federal forest lands, within the legal description as follows: Township 24 North, Range 6 East, W.M., Section 12; Township 24 North, Range 7 East, W.M., Sections 3, 4, the E 1/4 and the N 1/2 NW 1/4 of Section 5, the N 3/4 E 1/2 W 1/2 and the W 1/2 E 1/2 and the NE 1/4 NE 1/4 and the SE 1/4 SE 1/4 of Section 6, the N 1/2 of Sections 7, 8, 9, 10, 11, 13, 14, 15, the NE 1/4 and the N 1/2 SE 1/4 and the NW 1/4 of Section 16, the E 1/2 NE 1/4 of Sections 17, 18, 19, the NE 1/4 of 22, the N 1/2 of Section 23, the N 1/2 and the N 1/2 SE 1/4 of Section 24; Township 25 North, Range 7 East, W.M., Section 30, the E 3/4 and the N 3/4 W 1/4 of Section 31, the SW 1/4 and the E 1/2 SE 1/4 of Sections 32, 33, 34; Township 24 North, Range 8 East, W.M., the W 1/2 NW 1/4 of Section 19.

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

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

(p) Fire Protection District 37. All forest lands except state and federal lands within the legal description as follows: Township 22 North, Range 5 East, W.M., Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 23, 24, 30, 31, 32, 33; Township 22 North, Range 6 East, W.M., Sections 18, 19, 29, 30, 31; Township 22 North, Range 4 East, W.M., Sections 25, 36.

(q) Fire Protection District 38. All forest lands, except state and federal forest lands, within the legal description as follows: Township 23 North, Range 7 East, W.M., Section 1; Township 24 North, Range 7 East, W.M., Section 36; Township 23 North, Range 8 East, W.M., Sections 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 22, 23, 24, 25, 26, 27, 35; Township 24 North, Range 8 East, W.M., Sections 17, 18, 19, 20, 21, ((south)) the S 3/4 of Section 26, that portion of the SE 1/4 of Section 27 as bounded by 428th Avenue SE on the west and north and section line on the east and south, the N 1/2 and the SW 1/4 of Sections 28, 29, 30, 31, 32, 33, the E 1/2 and the S 3/4 of the W 1/2 of Section((s)) 34, Section 35; Township 23 North, Range 9 East, W.M., Sections 7, 17, 18, 19, 30.

(((e))) (r) Fire Protection District 40. All forest lands, except state and federal lands, within the legal description as follows: Township 23 North, Range 5 East, W.M., Sections 22, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36.

(s) Fire Protection District 43. All forest lands, except state and federal forest lands, within the legal description as follows: Township 22 North, Range 5 East, W.M., Section 12; Township 23 North, Range 5 East, W.M., Section 24; Township 22 North, Range 6 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, that portion of the SE 1/4 of Section 25 as bounded by 268th Avenue SE on the west, SE 264th Street on the north and section line on the east and south, Sections 27, 28, 29, 30, 31, 32, 33, 34, 35, that portion of the NE 1/4 of Section 36 as bounded by 268th Avenue SE on the west, SE Ravensdale Way on the south, Landsburg Road SE on the west and section line on the north; Township 23 North, Range 6 East, W.M., Sections 19, 29, 30, 31, 32, 33, 34, 35, 36; Township 22 North Range 7 East, W.M., Sections 5, 6, 7, 8, 18, 19, 32.

(t) Fire Protection District 44 portions of which were formerly Fire Protection District 46. All forest lands, except state and federal lands, within the legal description as follows: Township 21 North, Range 5 East, W.M., Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, 27, 34, 35, 36; Township 21 North, Range 6 East, W.M., Sections 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33, 34, 35, 36; Township 20 North, Range 6 East, W.M., Sections 2, 3, 4, 5, 6, 7, 8; Township 20 North, Range 5 East, W.M., Sections 1, 2, 11, 12.

(u) Fire Protection District 45. All forest lands within the legal description as follows: Township 25 North, Range 6 East, W.M., Sections 1, 12; Township 26 North, Range 6 East, W.M., Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35, 36; Township 26 North, Range 7 East, W.M., the N 3/4 of the W 1/2 of Section 3, Sections 4, 5, 6, 7, 8, 9, the S 1/2 and the SE 1/4 NW 1/4 and the SW 1/4 NE 1/4 of Section 14, the SW 1/4 and the S 1/2 NW 1/4 and the NW 1/4 NW 1/4 of Section 15, Sections 16, 17, 18, 19, 20, 21, 22, the E 1/2 NE 1/4 and the N 3/4 W 1/2 W 1/2 and all remaining land north of Stossel Creek County Road in Section 23, Sections 28, 29, 30, 31, 32, 33.

(2) Forest lands removed from the protection 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 13 will be effective August 18, 1990.

(4) The exchange of fire protection responsibility involving Fire Protection Districts ((10, 27,)) 38, 43, and 45 will be effective January 1, 1994.

(((4))) (5) The exchange of fire protection responsibility involving Fire Protection Districts ((18, 22, and 24)) 2, 4, 10, 11, 14, 20, 24, 25, 27, 28, 31, 34, 36, 37, 40, 41, 42, 44, 46, and South King Fire and Rescue will be effective January 1, ((1998)) 2006.

[Statutory Authority: RCW 76.04.165. 97-05-066, 332-24-730, filed 2/19/97, effective 1/1/98; 93-14-016 (Order 613), 332-24-730, filed 6/25/93, effective 7/26/93.]

OTS-1377.1


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 332-24-700 Forest protection zone -- Vashon and Maury islands.
WAC 332-24-735 Forest protection zone -- King County fire district #45.

Washington State Code Reviser's Office