WSR 14-07-032

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 10, 2014, 3:14 p.m.]

Subject of Possible Rule Making: Forest road maintenance.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 76.09.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The forest practices road maintenance rules in chapter 222-24 WAC currently do not address situations where landowners are suddenly faced with a large amount of road maintenance responsibility in a given drainage or road system. This could be due to an unusual storm event, or the acquisition of forest land with extensive road maintenance problems. It could apply to roads with completed road work under existing road maintenance and abandonment plans (RMAP), and to roads that were never covered under an RMAP.

The forest practices board is considering rule making to clarify that the department of natural resources (DNR) may combine the enforcement procedures under chapter 222-46 WAC, with cooperative agreements authorizing landowners to schedule maintenance according to the relative potential for damage to public resources. Such a rule would be in keeping with the policy stated in WAC 222-46-010 to encourage practical, result-oriented resolution of actions needed to prevent damage to public resources, and clarify that DNR may work with landowners to ensure feasible means to accomplish road maintenance necessary to protect public resources.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The forest practices board's rules pertaining to water quality protection must be in agreement with the director of the department of ecology or the director's designee on the board (RCW 76.09.040). Board staff will include one or more designees from the state department of ecology in the rule development process.

Process for Developing New Rule: The board will request input from interested stakeholders to develop rule language.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by mailing, faxing, or e-mailing comments to Patricia Anderson, Forest Practices Board, Rules Coordinator, DNR, Forest Practices Division, 1111 Washington Street S.E., 3rd Floor, P.O. Box 47012, Olympia, WA 98504-7012, fax (360) 902-1428, e-mail forest.practicesboard@dnr.wa.gov.

March 10, 2014

Aaron Everett

Chair