WSR 13-09-037

PROPOSED RULES

PARKS AND RECREATION

COMMISSION

[ Filed April 11, 2013, 2:08 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 13-05-075.

Title of Rule and Other Identifying Information: The agency has completed a review of the following chapter of administrative rules and has proposed amendments to this chapter. Chapter 352-32 WAC, Public use of state parks and chapter 352-74 WAC, Film permits.

Hearing Location(s): City of Spokane Valley, Regional Events Center, 2426 North Discovery Place, Spokane, WA 99216, on June 27, at 9:00 a.m.

Date of Intended Adoption: June 27, 2013.

Submit Written Comments to: Becki Ellison, 1111 Israel Road, Olympia, WA 98504, e-mail becki.ellison@parks.wa.gov, fax (360) 586-6580, by June 1, 2013.

Assistance for Persons with Disabilities: Contact Becki Ellison at becki.ellison@parks.wa.gov or (360) 902-8502.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: State parks staff has reviewed the commission rules in consideration of changes to current business practices. The agency is proposing minor changes to chapter 352-32 WAC in order to clarify and align the rules with internal policies. WAC 352-32-030 Camping, 352-32-045 Reservations for use of group facilities, 352-32-080 Swimming, 352-32-210 Consumption of alcohol in state parks, 352-32-237 Geocache, 352-32-240 Nondiscrimination certification, and 352-32-310 Penalties.

Substantive changes are requested in chapter 352-74 WAC, Film permits, the proposed amendment[s] add still photography to all [sections in] chapter 352-74 WAC, Film permits, which results in multiple changes, update of an address and adjustments to reflect current business practices.

Reasons Supporting Proposal: The proposed changes are the result of the agency biennial review of commission rules which govern public use of parks and beaches. The review considers suggestions from park visitors, user groups and field staff. The proposal clarifies, standardizes and simplifies the language contained in a number of rules in each chapter of WAC. The changes make park rules more understandable to the public and also give additional tools to state parks' staff to protect the park resources and visitors.

Statutory Authority for Adoption: RCW 79A.05.030, 79A.05.035.

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

Name of Proponent: Washington state parks and recreation commission, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Becki Ellison, 1111 Israel Road, Olympia, WA 98504, (360) 902-8502; and Enforcement: Robert Ingram, 1111 Israel Road, Olympia, WA 98504, (360) 902-8615.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These chapters of administrative rule do not regulate or have economic impact through regulations on small business. There are no compliance costs to small business as a result of the modifications to these rules.

A cost-benefit analysis is not required under RCW 34.05.328. Significant legislative rule-making requirements are not imposed on the state parks and recreation commission, nor has the commission voluntarily applied those requirements.

April 2, 2013

Valeria Evans

Management Analyst

OTS-5388.1


AMENDATORY SECTION(Amending WSR 12-22-031, filed 10/31/12, effective 12/1/12)

WAC 352-32-030   Camping.   (1) Camping facilities of the state parks within the Washington state parks and recreation commission system are designed and administered specifically to provide recreational opportunities for park visitors. Use of park facilities for purposes which are of a nonrecreational nature, such as long-term residency at park facilities, obstructs opportunities for recreational use, and is inconsistent with the purposes for which those facilities were designed.

No person or camping party may use any state park facility for residence purposes, as defined (WAC 352-32-010).

(2) No person shall camp in any state park area except in areas specifically designated and/or marked for that purpose or as directed by a ranger.

(3) Occupants shall vacate camping facilities by removing their personal property therefrom no later than 1:00 p.m., if the applicable camping fee has not been paid or if the time limit for occupancy of the campsite has expired or the site is reserved by another party. Remaining in a campsite beyond the established checkout time shall subject the occupant to the payment of an additional camping fee.

(4) Use of utility campsites by tent campers shall be subject to payment of the utility campsite fee except when otherwise specified by a ranger.

(5) A campsite is considered occupied when it is being used for purposes of camping by a person or persons who have paid the camping fee within the applicable time limits or when it has been reserved through the appropriate procedures of the reservation system. No person shall take or attempt to take possession of a campsite when it is being occupied by another party, or when informed by a ranger that such site is occupied, or when the site is posted with a "reserved" sign or when the campsite has an incoming reservation. In the case of a reserved site, a person holding a valid reservation for that specific site may occupy it according to the rules relating to the reservation system for that park. In order to afford the public the greatest possible use of the state park system on a fair and equal basis, campsites in those parks not on the state park reservation system will be available on a first-come, first-serve basis. No person shall hold or attempt to hold campsite(s), for another camping party for present or future camping dates, except as prescribed for multiple campsites. Any site occupied by a camping party must be actively utilized for camping purposes.

(6) One person may register for one or more sites within a multiple campsite by paying the multiple campsite fee and providing the required information regarding the occupants of the other sites. An individual may register and hold a multiple campsite for occupancy on the same day by other camping parties. Multiple campsites in designated reservation parks may be reserved under the reservation system.

(7) In order to afford the general public the greatest possible use of the state park system, on a fair and equal basis, and to prevent residential use, continuous occupancy of facilities by the same camping party shall be limited. Campers may stay ten consecutive nights in one park, after which the camping party must vacate the park for three consecutive nights, April 1 through September 30, not to exceed thirty days in a forty-day time period; provided that at the discretion of the park ranger the maximum stay may be extended to fourteen consecutive nights if the campground is not fully occupied. Campers may stay twenty consecutive nights in one park, after which the camping party must vacate the park for three consecutive nights, October 1 through March 31, not to exceed forty days in a sixty-day time period. This limitation shall not apply to those individuals who meet the qualifications of WAC 352-32-280 and 352-32-285.

(8) A maximum of eight people shall be permitted at a campsite overnight, unless otherwise authorized by a ranger. The number of vehicles occupying a campsite shall be limited to one car and one recreational vehicle: Provided, That one additional vehicle without built-in sleeping accommodations may occupy a designated campsite when in the judgment of a ranger the constructed facilities so warrant. The number of tents allowed at each campsite shall be limited to the number that will fit on the developed tent pad or designated area as determined by a ranger.

(9) Persons traveling by bicycles, motor bikes or other similar modes of transportation and utilizing campsites shall be limited to eight persons per site, provided no more than four motorcycles may occupy a campsite.

(10) Water trail camping sites are for the exclusive use of persons traveling by human and wind powered beachable vessels as their primary mode of transportation to the areas. Such camping areas are subject to the campsite capacity limitations as otherwise set forth in this section. Exceptions for emergencies may be approved by the ranger on an individual basis. Water trail site fees, as published by state parks, must be paid at the time the site is occupied.

(11) Overnight stays (bivouac) on technical rock climbing routes will be allowed as outlined in the park's site specific climbing management plan. All litter and human waste must be contained and disposed of properly.

(12) Emergency camping areas may be used only when all designated campsites are full and at the park ranger's discretion. Persons using emergency areas must pay the applicable campsite fee and must vacate the site when directed by the park ranger.

(13) Designated overflow camping areas may be used only when all designated campsites in a park are full and the demand for camping in the geographic area around the park appears to exceed available facilities. Persons using overflow camping areas must pay the applicable campsite fee.

(14) Overnight camping will be allowed in approved areas within designated sno-parks in Washington state parks, when posted, provided the appropriate required sno-park permit is displayed.

(15) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 79A.05.030 and 79A.05.035. 12-22-031, 352-32-030, filed 10/31/12, effective 12/1/12. Statutory Authority: Chapter 79A.05 RCW. 07-03-121, 352-32-030, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. 03-01-079, 352-32-030, filed 12/13/02, effective 1/13/03. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 00-13-070, 352-32-030, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. 98-04-065, 352-32-030, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.180. 96-02-015, 352-32-030, filed 12/21/95, effective 1/21/96. Statutory Authority: RCW 43.51.040 and [43.51.]060. 95-22-067, 352-32-030, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. 94-23-024, 352-32-030, filed 11/7/94, effective 1/1/95; 93-06-001, 352-32-030, filed 2/17/93, effective 3/20/93. Statutory Authority: RCW 43.51.040 and 43.51.180(7). 92-19-098, 352-32-030, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. 87-08-008 (Order 100), 352-32-030, filed 3/23/87, effective 5/15/87; 86-06-020 (Order 91), 352-32-030, filed 2/25/86; 83-09-031 (Resolution No. 67), 352-32-030, filed 4/15/83; 82-09-035 (Order 60), 352-32-030, filed 4/14/82; 81-09-034 (Order 50), 352-32-030, filed 4/14/81; 80-05-007 (Order 45), 352-32-030, filed 4/4/80. Statutory Authority: RCW 43.51.040(2) and 43.51.060(6). 78-05-082 (Order 39), 352-32-030, filed 5/1/78; Order 33, 352-32-030, filed 4/28/77; Order 9, 352-32-030, filed 11/24/70.]


AMENDATORY SECTION(Amending WSR 07-03-121, filed 1/22/07, effective 2/22/07)

WAC 352-32-045   Reservations for use of designated group facilities.   (1) All designated group facilities shall be reservable by groups as defined in WAC 352-32-010.

(2) All designated group facilities shall have a predetermined use capacity. No group exceeding this capacity in number shall use these areas. Groups making reservations shall be charged the applicable fee for a minimum of 20 people.

(3) Use of designated group facilities may be by reservation. Requests made at parks, not on central reservation system, for reservations for groups of 20 to 250 shall be made 15 days in advance and for groups in excess of 250 shall be made 30 days in advance of the proposed use date, using the group use permit. All conditions outlined on the group use permit shall be binding on the group.

(4) Submittal of the group use permit request and payment in full of appropriate fees are required for the use of these facilities. Fees must be paid by credit card, certified check or money order. Fees are published by state parks. Refunds will be made only to those groups which cancel their reservations thirty or more days before the effective date of the reservations.

(5) For overnight group use, parking will be in the provided, defined areas. If additional parking is required, it may be available in the park's extra vehicle parking facility following the payment of the appropriate extra vehicle parking fee.

(6) The organization or delegated group leader making the reservation is responsible for any damages or extra cleaning that occurs as a result of the use of the facility(ies) beyond normal care and wear.

(7) Facility reservations for parks not on the central reservation system are made at the park and will be accepted ((for the calendar year, on or after the first working day in January of that calendar year)) nine months in advance. Reservations shall be made by a person of the age of majority, who must be in attendance during the group's activities. Reservations at the parks will be accepted in writing, in person, or by phone at the discretion of the park manager. In person and phone reservation requests shall only be accepted at the park during normal park operation hours. All reservation requests will be processed in order of arrival. Group facility areas not reserved are available on a first-come, first-serve basis.

(8) Any group wishing to sell or dispense alcoholic beverages must request and obtain all appropriate licenses and permits. In order to sell alcoholic beverages, the group must obtain a temporary concession permit from the headquarters office of the commission.

(9) It shall be within the authority of the park manager, or his representative, to rescind the rights of a reservation, and remove from the park, any or all members of the group whose behavior, at any time, is in conflict with any state laws, becomes detrimental to the health and safety of the group or other park users, or becomes so unruly as to affect the reasonable enjoyment of the park by other park users.

[Statutory Authority: Chapter 79A.05 RCW. 07-03-121, 352-32-045, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. 03-01-079, 352-32-045, filed 12/13/02, effective 1/13/03. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 00-13-070, 352-32-045, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. 98-04-065, 352-32-045, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040 and [43.51.]060. 95-22-067, 352-32-045, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. 94-23-024, 352-32-045, filed 11/7/94, effective 1/1/95. Statutory Authority: RCW 43.51.060. 94-08-036, 352-32-045, filed 3/31/94, effective 5/1/94. Statutory Authority: RCW 43.51.040. 91-09-001, 352-32-045, filed 4/4/91, effective 5/15/91; 90-07-062, 352-32-045, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040 and 43.51.060. 88-07-074 (Order 103), 352-32-045, filed 3/18/88, effective 5/15/88; 83-09-031 (Resolution No. 67), 352-32-045, filed 4/15/83; 82-09-035 (Order 60), 352-32-045, filed 4/14/82; 80-05-007 (Order 45), 352-32-045, filed 4/4/80; Order 32, 352-32-045, filed 4/28/77.]


AMENDATORY SECTION(Amending WSR 00-13-070, filed 6/16/00, effective 7/17/00)

WAC 352-32-080   Swimming.   (1) Swimming areas in state park areas are marked with buoys, log booms, or other markers, clearly designating the boundaries of such areas.

(2) Any person swimming outside the boundaries of a designated swimming area, or in any area not designated for swimming, or in any area, whether designated for swimming or not, where no lifeguard is present, shall do so at his or her own risk.

(3) All persons using any designated swimming area shall obey all posted beach rules and/or the instructions of lifeguards, rangers, or other state parks employees.

Children twelve years of age or younger, must be accompanied by a responsible adult while using the swim area.

(4) No person shall swim in any designated watercraft launching area.

(5) No person shall give or transmit a false signal or false alarm of drowning in any manner.

(6) Use of ((inflated mattresses,)) rubber rafts, rubber boats, inner tubes, or other large floating objects, exceeding three feet in width are prohibited in designated swimming areas except U.S. Coast Guard approved life jackets, ((in state park areas)) small children's floatation devices or toys and one-person inflatable mattresses for the purpose of buoyancy while swimming or playing in any designated swimming area ((is prohibited)) are allowed. Concessionaires are not permitted to rent or sell ((such)) prohibited floating devices within state parks without written approval of the ((commission)) director or designee.

(7) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 00-13-070, 352-32-080, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. 98-04-065, 352-32-080, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040 and 43.51.180(7). 92-19-098, 352-32-080, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. 86-06-020 (Order 91), 352-32-080, filed 2/25/86; Order 10, 352-32-080, filed 8/3/71; Order 9, 352-32-080, filed 11/24/70.]


AMENDATORY SECTION(Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)

WAC 352-32-210   Consumption of alcohol in state park areas.   (1) Opening, possessing alcoholic beverage in an open container, or consuming any alcoholic beverages in any state park or state park area is prohibited except in the following designated areas and under the following circumstances in those state parks or state park areas not posted by the director or designee as closed to alcohol pursuant to subsection (4) of this section:

(a) In designated campsites or in other overnight accommodations, by registered occupants or their guests; provided ELC users obtain written permission through state parks application process;

(b) In designated picnic areas, which shall include those sites within state park areas where picnic tables, benches, fireplaces, and/or outdoor kitchens are available, even though not signed as designated picnic areas and public meeting rooms;

(c) In any reservable group day use facility by any authorized group which has paid the reservation fee and applicable damage deposit and which has obtained prior permit authorization to have alcohol by the park manager; and

(d) In any building, facility or park area operated and maintained under a concession agreement, wherein the concessionaire has been licensed to sell alcoholic beverages by the Washington state liquor control board, and where the dispensation of such alcoholic beverages by such concessionaire has been approved by the commission.

(2) ((Opening,)) Possessing alcoholic beverage in an open container, or consuming any alcoholic beverages is prohibited at the following locations:

(a) Dash Point State Park;

(b) Saltwater State Park;

(c) Sacajawea State Park;

(d) Flaming Geyser State Park;

Except in the following designated areas and under the following circumstances:

(i) In designated campsites, or in other overnight accommodations by registered occupants or their guests.

(ii) In any building, facility or park area operated and maintained under a concession agreement wherein the concessionaire has been licensed to sell alcoholic beverages by the Washington state liquor control board, and where the dispensation of such alcoholic beverages by such concessionaire has been approved by the commission.

(iii) In any reservable group day use facility by any authorized group which has paid the reservation fee and applicable damage deposit and which has obtained prior permit authorization to have alcohol by the park manager.

(3) The director or designee may, for a specified period or periods of time, close any state park or state park area to alcohol if the director or designee concludes that an alcohol closure is necessary for the protection of the health, safety and welfare of the public, park visitors or staff, or park resources. The director or designee shall consider factors including but not limited to the effect or potential effect of alcohol on public and employee safety, park appearance, atmosphere, and noise levels, conflicts with other park uses or users, the demand for law enforcement, and the demand on agency staff. Prior to closing any park or park area to alcohol, the director or designee shall hold a public hearing in the general area of the park or park area to be closed to alcohol. Prior notice of the meeting shall be published in a newspaper of general circulation in the area. In the event the director or designee determines that an immediate alcohol closure is necessary to protect against an imminent and substantial threat to the health, safety and welfare of the public, park visitors or staff, or park resources, the director or designee may take emergency action to close a park or park area to alcohol without first complying with the publication and hearing requirements of this subsection. Such emergency closure may be effective for only so long as ((is necessary for the director or designee to comply with the publication and hearing requirements of this subsection)) the imminent and substantial threat exists.

(4) The director or designee shall ensure that any park or park area closed to alcohol pursuant to subsection (3) of this section is conspicuously posted as such at the entrance to said park or park area. Additionally, the director or designee shall maintain for public distribution a current list of all parks and park areas closed to alcohol pursuant to subsection (3) of this section.

(5) Dispensing alcoholic beverages from containers larger than two gallons is prohibited in state park areas except when authorized in writing and in advance by the park manager.

(6) The provisions of this rule shall not apply to any part of the Seashore Conservation Area, as designated and established by RCW 79A.05.605.

(7) Opening, consuming, or storing alcoholic beverages in Fort Simcoe State Park and Squaxin Island State Park is prohibited.

(8) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. 08-24-006, 352-32-210, filed 11/20/08, effective 12/21/08. Statutory Authority: Chapter 79A.05 RCW. 07-03-121, 352-32-210, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 05-01-069, 352-32-210, filed 12/9/04, effective 1/9/05. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 00-13-070, 352-32-210, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. 98-04-065, 352-32-210, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300. 97-21-133, 352-32-210, filed 10/21/97, effective 1/1/98. Statutory Authority: RCW 43.51.040. 94-13-081, 352-32-210, filed 6/13/94, effective 7/14/94; 91-07-014, 352-32-210, filed 3/12/91, effective 4/12/91. Statutory Authority: RCW 43.51.040 and 43.51.060. 86-14-025 (Order 95), 352-32-210, filed 6/24/86; 86-06-020 (Order 91), 352-32-210, filed 2/25/86. Statutory Authority: RCW 43.51.040(3). 81-24-020 (Order 55), 352-32-210, filed 11/24/81; Order 17, 352-32-210, filed 2/1/74; Order 11, 352-32-210, filed 7/29/71.]


AMENDATORY SECTION(Amending WSR 07-03-121, filed 1/22/07, effective 2/22/07)

WAC 352-32-237   Geocache.   (1) In order to place a cache on state parks' property, an individual or organization must obtain a geocache placement permit from state parks. Any cache located on state parks' property that does not have a permit on file is subject to removal from its location, and after notification of the owner (if known) and Washington state geocache association (WSGA), may be disposed of within ten days.

(2) ((The geocache owner must check the geocache at least every ninety days unless an extension is approved by the park manager not to exceed one hundred eighty days. Proof of the check will be by e-mail, letter, or personal communication by the owner with the park manager or designee, and the owner's entry in the cache log book indicating the date of inspection.

(3))) The following items shall not be placed in the geocache: Food items; illegal substances; medications; personal hygiene products; pornographic materials; inappropriate, offensive, or hazardous materials or weapons of any type. Log books are required for each cache and are to be provided by the owner of the cache.

(((4))) (3) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: Chapter 79A.05 RCW. 07-03-121, 352-32-237, filed 1/22/07, effective 2/22/07.]


AMENDATORY SECTION(Amending Order 27, filed 9/23/76)

WAC 352-32-240   Nondiscrimination certification.   (1) This is to certify that the Washington state parks and recreation commission is an equal opportunity employer, and that no person in the United States is denied the benefits of full and equal enjoyment of the right of employment or any goods, services, facilities, privileges, advantages, and accommodations of, or on any property administered by the Washington state parks and recreation commission ((because of race, creed, color, age, sex, national origin, or physical disability)).

(2) The provisions of this certification shall apply to all contractors, lessees, licensees, and concessionaires operating under any legal instrument issued by the Washington state parks and recreation commission, as well as areas operated by the Washington state parks and recreation commission itself.

[Order 27, 352-32-240, filed 9/23/76.]


AMENDATORY SECTION(Amending WSR 04-01-067, filed 12/12/03, effective 1/12/04)

WAC 352-32-310   Penalties.   Any violation designated in this chapter as a civil infraction ((shall constitute a misdemeanor until the violation is included in a civil infraction monetary schedule adopted by rule by the state supreme court)) pursuant to chapter 7.84 RCW, will be treated as infractions regardless of whether they appear in the IRLJ 6.2 penalty schedule, except that a violation of ((WAC 352-32-220, 352-32-260, and 352-32-265 shall at all times constitute a civil infraction, and)) WAC 352-32-120 shall at all times be a gross misdemeanor.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. 04-01-067, 352-32-310, filed 12/12/03, effective 1/12/04. Statutory Authority: RCW 43.51.040 and 43.51.180(7). 92-19-098, 352-32-310, filed 9/17/92, effective 10/18/92.]

OTS-5389.1


AMENDATORY SECTION(Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)

WAC 352-74-010   Purpose.   This chapter is promulgated in order to establish procedures for the issuance of permits for filming/still photography within state parks.

The agency permits commercial filming and still photography when it is consistent with the park's mission and will not harm the resource or interfere with the visitor experience.

All commercial filming activities taking place within a park require a permit. Commercial filming includes capturing a moving image on film and video as well as sound recordings.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. 08-24-006, 352-74-010, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040. 84-20-070 (Order 82), 352-74-010, filed 10/2/84.]


AMENDATORY SECTION(Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)

WAC 352-74-030   Filming/still photography within state parks.   The commission recognizes the desire of individuals and organizations to film/still photography within the state parks. Individuals and organizations may film/still photography within state parks in a manner which is not disruptive to park users or resources when the filming/still photography is for personal or news purposes. Individuals and organizations that desire to film/still photography within state parks for other than personal or news purposes may do so only in accordance with the film/still photography permit requirements of this chapter and subject to the discretion of the commission as otherwise set forth herein.

Filming/still photography for strictly educational purposes may have some or all of the applicable fees waived.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. 08-24-006, 352-74-030, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040 and 43.51.060. 88-07-074 (Order 103), 352-74-030, filed 3/18/88, effective 5/15/88. Statutory Authority: RCW 43.51.040. 84-20-070 (Order 82), 352-74-030, filed 10/2/84.]


AMENDATORY SECTION(Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)

WAC 352-74-040   Film/still photography permit application.   Persons or organizations that desire to film/still photography within a state park for other than personal or news purposes shall submit a completed film/still photography permit application with the appropriate fees to the appropriate location:


Eastern Region

270 9th Street N.E.

Suite 200

East Wenatchee, WA 98802

Fort Worden State Park

200 Battery Way

Port Townsend, WA 98368

Northwest Region

220 N. Walnut Street

Burlington, WA 98233

((Puget Sound Region

2840 Riverwalk Drive S.E.

Auburn, WA 98002-8207))

Southwest Region

((11838 Tilley Road S.)) P.O. Box 42650

Olympia, WA ((98512-9167)) 98504

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. 08-24-006, 352-74-040, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040. 94-23-010, 352-74-040, filed 11/3/94, effective 1/1/95. Statutory Authority: RCW 43.51.060. 94-08-005, 352-74-040, filed 3/24/94, effective 5/1/94. Statutory Authority: RCW 43.51.040 and 43.51.060. 88-07-074 (Order 103), 352-74-040, filed 3/18/88, effective 5/15/88. Statutory Authority: RCW 43.51.040. 84-20-070 (Order 82), 352-74-040, filed 10/2/84.]


AMENDATORY SECTION(Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)

WAC 352-74-045   Filming/still photography fees.   (1) Permit application fee - Each application shall be accompanied by the appropriate application fee, based on the amount of time between the date of application and the date of facility use, which shall be in the form of a check or money order payable to the Washington state parks and recreation commission.

(2) Site location fee - Prior to commencing filming/still photography activities or otherwise as specified by the director or designee, each applicant shall pay an additional site location fee, set by the director or designee based on the magnitude and duration of the impact on park resources and normal public use, the uniqueness of the site, and such other considerations as the director or designee deem appropriate.

(3) Previous filming/still photography which is later commercially merchandised will be subject to the same rules and provisions as new projects described herein.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. 08-24-006, 352-74-045, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040 and [43.51.]060. 95-22-067, 352-74-045, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.040. 94-23-010, 352-74-045, filed 11/3/94, effective 1/1/95.]


AMENDATORY SECTION(Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)

WAC 352-74-050   Approval or disapproval of film/still photography permit application.   The director or designee shall approve or disapprove a film/still photography permit application and establish the filming locations, time periods, and conditions for an approved application.

The director or designee may require an approved applicant to submit the following to the commission prior to the issuance of a film/still photography permit:

(1) Fees payable to the Washington state parks and recreation commission in the form of a check or money order in an amount, as determined by the director or designee, which covers the charges for the facilities to be used by a film maker/still photographer and any staff costs to be incurred by the commission due to the filming that are beyond the regular responsibilities of the staff of the commission;

(2) A bond or damage deposit payable to the Washington state parks and recreation commission in an amount, as determined by the director or designee, which is sufficient to cover any damages to park resources or facilities which may occur during the filming/still photography; and

(3) Certification that an approved applicant has liability insurance in an amount, as determined by the director or designee, which is sufficient to cover any liability costs associated with the actions of a film maker/still photographer during filming.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. 08-24-006, 352-74-050, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040. 84-20-070 (Order 82), 352-74-050, filed 10/2/84.]


AMENDATORY SECTION(Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)

WAC 352-74-060   Issuance and revocation of film/still photography permit.   The director or designee, shall issue a film/still photography permit to an approved applicant after the applicant has submitted any fees, bond, damage deposit, and insurance certification established pursuant to WAC 352-74-050 and has demonstrated in its application or otherwise to the satisfaction of the director that filming/still photography:

(1) Is compatible with the activities of park visitors;

(2) Will not damage facilities or resources, or interfere with park operations;

(3) Will not disrupt wildlife;

(4) Will not imply the endorsement of the commission for the content of the film;

(5) Will acknowledge the cooperation of the commission;

(6) Is not inconsistent in the judgment of the director with the purposes for, or conditions on which, the property where the filming is to take place was acquired; and

(7) Will conform with all of the applicable statutes, rules, policies, and procedures of the commission, and the instructions of the commission staff who supervise the filming/still photography.

If a film maker/still photographer does not comply with all of the applicable statutes, rules, policies, and procedures of the commission, the conditions upon which the permit was granted, and the instructions of the commission staff who supervise the filming/still photography, then the director or designee shall revoke the film/still photography permit.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. 08-24-006, 352-74-060, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040. 94-23-010, 352-74-060, filed 11/3/94, effective 1/1/95. Statutory Authority: RCW 43.51.040 and 43.51.060. 88-07-074 (Order 103), 352-74-060, filed 3/18/88, effective 5/15/88. Statutory Authority: RCW 43.51.040. 84-20-070 (Order 82), 352-74-060, filed 10/2/84.]


AMENDATORY SECTION(Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)

WAC 352-74-070   Additional fees and release of bond or damage deposit.   After completion of filming/still photography the director or designee shall determine if any additional fees are to be assessed a film maker/still photographer and whether or not any bond or damage deposit submitted by a film maker/still photographer may be released.

If the director or designee determines that no additional fees are to be assessed and that a bond or damage deposit is to be released, then a bond or damage deposit shall be returned to a film maker/still photographer.

If the director or designee determines that additional fees are to be assessed or that a bond or damage deposit is not to be released, then the film maker/still photographer shall be so informed.

If a film maker/still photographer pays additional fees in the form of a check or money order payable to the Washington state parks and recreation commission which is submitted to the director within thirty days of receipt of the notice to pay the fees, then the director or designee shall return a bond or damage deposit to a film maker/still photographer.

If a film maker/still photographer does not pay additional fees within the time period and in accordance with the procedures set forth above, then the director or designee shall exercise the rights of the commission under a bond or damage deposit to pay the additional fees and so inform a film maker/still photographer or exercise any such other legal rights as may be available.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. 08-24-006, 352-74-070, filed 11/20/08, effective 12/21/08. Statutory Authority: RCW 43.51.040. 94-23-010, 352-74-070, filed 11/3/94, effective 1/1/95. Statutory Authority: RCW 43.51.040 and 43.51.060. 88-07-074 (Order 103), 352-74-070, filed 3/18/88, effective 5/15/88. Statutory Authority: RCW 43.51.040. 84-20-070 (Order 82), 352-74-070, filed 10/2/84.]