WSR 08-24-031

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF TRANSPORTATION


[ Filed November 24, 2008, 1:53 p.m. ]

Subject of Possible Rule Making: Revise and possibly repeal WAC 468-18-040, 468-30-070, and 468-30-075.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 47.24.020, 47.52.210, 36.75.090.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rules listed above contain procedures in transferring certain state-owned highway right-of-way[s] to local agencies. Washington state department of transportation (WSDOT) seeks to repeal all or a portion of the rules listed about [above] in order to transfer the guidance contained therein to a WSDOT Policy document (WSDOT Agreements Manual, Chapter 5 - Turnback Agreements). The manual is currently being revised in its entirety to reflect current best practices and procedures in developing and processing agreements related to highway project delivery. The rules were adopted prior to any such policy or other guidance being available. The substance of the rules is better suited by policy guidance in the agreements manual, and repealing all or a portion of the rules would allow for establishing more efficient processes in developing turnback agreements.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: WSDOT staff will convene a stakeholder workshop including appropriate representatives of the transportation improvement board, the Association of Washington Cities, Association of Washington Counties and the county road administration board to ensure that the proposal meets the needs of these stakeholders.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Becky Hawkins, P.O. Box 47336, Olympia, WA 98504, (360) 705-7248, hawkire@wsdot.wa.gov.

November 24, 2008

Stephen T. Reinmuth

Chief of Staff

Washington State Code Reviser's Office