WSR 21-15-109
PROPOSED RULES
PARKS AND RECREATION
COMMISSION
[Filed July 20, 2021, 3:34 p.m.]
Continuance of WSR 21-06-077.
Preproposal statement of inquiry was filed as WSR 20-18-085.
Title of Rule and Other Identifying Information: Chapter 352-28 WAC, Protection and conservation of state park natural resources, the proposal would update and consolidate definitions and clarify the agency approval process for resource sales.
WSR 21-12-109 is withdrawn (July 15 hearing date) and will be heard on September 16.
Hearing Location(s): On September 16, 2021, at 9:30 a.m., at City of Richland City Hall, 625 Swift Boulevard, Richland, WA 99352.
Date of Intended Adoption: September 16, 2021.
Submit Written Comments to: Lisa Lantz, 1111 Israel Road S.W., Olympia, WA, email lisa.lantz@parks.wa.gov, fax 360-586-6647, by September 10, 2021, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Becki Ellison, phone 360-902-8502, fax 360-386-0355, TTY 711, email becki.ellison@parks.wa.gov, by September 10, 2021, 5:00 p.m.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal would update definitions and consolidate them into WAC 352-28-005. It would also clarify the agency approval process for resource sales by setting new measures and thresholds for approval of sales based on volume, rather than value of timber. Current rule requires state parks and recreation commission approval for sales with an appraised value over $25,000 and director approval under that threshold. The proposed rule would require state parks and recreation commission approval for timber sales over one million board-feet, director approval for sales between one million and five thousand board-feet, and program manager approval for sales five thousand board-feet or less. The proposal would also require state parks and recreation commission approval for timber sales resulting from the conversion of forest land for the development of park facilities, where the appraised value of the timber is over $25,000. The revision will clarify the agency's internal approval process, but it is not anticipated to affect the overall number or quantity of resource sales.
Reasons Supporting Proposal: The current rule has definitions in multiple sections. In addition, the existing rule on resource sales, which uses a dollar threshold for determining the approval process for sales, can be interpreted in different ways. The proposal would transition to a volume threshold, which clarifies the approval process, is more consistent with other state resource agencies, and more accurately represents the scale and significance of forest health treatments.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [No information supplied], governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: David Cass, Olympia Headquarters, 360-902-8606; Enforcement: Lisa Lantz, Olympia Headquarters, 360-902-8641.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. RCW
34.05.328 (5)(a)(i) does not identify the Washington state parks and recreation commission as one of the agencies required to prepare a cost-benefit analysis.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
July 20, 2021
Valeria Veasley
Mangement Analyst
OTS-2927.3
AMENDATORY SECTION(Amending WSR 10-15-024, filed 7/12/10, effective 8/12/10)
WAC 352-28-005Definitions.
When used in this chapter the following words and phrases shall have the meanings designated in this section unless a different meaning is expressly provided or unless the context clearly indicates otherwise.
(1) (("Catastrophic forest event" means a natural or accidental devastation of major proportions that results in drastic alteration of the natural environment by, but not limited to, wind, fire, insect infestation, forest disease, flooding, or landslide.
(2))) "Commission" means the Washington state parks and recreation commission.
(((3)))(2) "Conservation" means the professional management of the agency's natural resources to ensure their long-term presence, function and enjoyment by the public.
(3) "Cruise" means a forest survey to locate and estimate the quantity of timber on a given area according to species, size, quality, possible products, or other characteristics.
(4) "Director" means the director of the Washington state parks and recreation commission.
(5) "Emergency tree" means any tree that has already failed, or that poses an imminent or probable likelihood of failure before the next inspection, based on the judgment of a professional forester, certified arborist, or staff member trained in tree risk rating and abatement techniques approved by the agency, and which due to its location, could impact a target.
(6) "Endangered species" means each plant, fungus and lichen species identified as endangered on the list of such species prepared by the department of natural resources Washington natural heritage program and each wildlife species identified as endangered by the Washington department of fish and wildlife in WAC ((232-12-014))220-610-010.
(((6)))(7) "Natural resource(s)" includes biological organisms, their processes, dead or organic matter, soils, and geologic materials.
(((7)))(8) "Resource conservation plan" means a plan that advances the stewardship of that resource. The plan may address, although not be limited to, resource conservation, protection, restoration or mitigation.
(((8)))(9) "Sensitive species" means each plant, fungus and lichen species identified as sensitive on the list of such species prepared by the department of natural resources Washington natural heritage program and each wildlife species identified as sensitive on the list of such species prepared by the Washington department of fish and wildlife.
(((9)))(10) "Significant tree" means living and dead standing trees greater than 10 inches in diameter at breast height (4.5 feet above the ground).
(11) "Target" means a structure, facility, property, activity, or person that has the potential to be hit or impacted by a falling tree or tree part.
(12) "Threatened species" means each plant, fungus and lichen species identified as threatened on the list of such species prepared by the department of natural resources Washington natural heritage program and each wildlife species identified as threatened on the list of such species prepared by the Washington department of fish and wildlife.
(13) "Timber" means forest trees of commercial value.
AMENDATORY SECTION(Amending WSR 10-15-024, filed 7/12/10, effective 8/12/10)
WAC 352-28-010Cutting, collection and removal of natural resources.
(1) Trees may be cut and removed subject to the following limitations:
(a) Significant trees:((Significant trees means living and dead standing trees ˃ 10 inches in diameter at breast height (4.5 feet above the ground).)) Except in emergencies and when feasible, significant trees in any area under the jurisdiction and/or management of the commission shall be removed only after they have been evaluated, rated, appraised and marked by a professional forester, certified arborist, or staff member trained in agency-approved tree risk rating and abatement techniques. In addition, except where deemed an emergency tree, or in the event of wildfire, weather, or other natural emergencies, significant trees can be cut or removed only after compliance with (d) of this subsection and subsection (4) of this section, agency review through the tree activity worksheet process and upon the written approval of the director or the designee of the director.
(b) Emergency trees:((Emergency trees means any tree that has already failed (cracked, tipped, diseased, or standing dead) or that poses an imminent threat, based on the judgment of a professional forester, certified arborist, or staff member trained in tree risk rating and abatement techniques approved by the agency, and which due to its location, poses an imminent threat to a target. Imminent means likely to occur at any moment, and target means a structure, facility, or person that has the potential to be hit or impacted by a falling tree or tree part.)) The park manager or designee trained in tree risk rating and abatement techniques as prescribed by the agency forester or ((arboriculture manager))certified arborist is authorized to immediately close the target area, and where the target cannot be relocated, cut or remove the emergency tree.
(c) Worksheet: The cutting or removal of any significant trees in landscapes classified recreation, heritage, or resource recreation by the commission shall, except in the case of emergency trees, occur only after agency review through the tree activity worksheet process and the written approval of the director or designee.
(d) Consultation: The cutting or removal of any significant trees in a natural area, natural forest area or natural area preserve shall, except in the case of emergency trees, be approved only by the director or designee and only after consultation with the Washington department of fish and wildlife and the department of natural resources Washington natural heritage program, the preparation of a resource conservation plan for affected natural resources, and a public hearing ((on each such proposed cutting or removal conducted)) in the county/counties in which the cutting or removal is to take place ((as determined by the director. Prior notice of a hearing shall be published in a newspaper of general circulation in such county or by an alternative method prescribed by the commission deemed to yield equal or better public notice. Any person who requests notification of such proposed cutting or removal shall be sent prior notice of a hearing. A summary of the testimony presented at a hearing or received in writing shall be presented to the director)).
(2) Native plants, fungi, and dead organic matter: The cutting or removal of natural resources, other than trees or those specified in WAC 352-32-350, 352-28-030 and 352-28-040, will only occur as a part of a resource conservation plan approved by the director or designee.
(3) Protected species: Natural resources may be cut and/or removed from areas supporting protected species, or for the purposes of enhancing habitat for protected species, under the following conditions:
(a) The cutting or removal of natural resources in any area known to be inhabited by endangered, threatened, or sensitive species shall, except in emergencies as defined in subsection (1)(b) of this section, follow requirements of the department of fish and wildlife and of the department of natural resources Washington natural heritage program and be approved only by the director or designee after consultation with those agencies, and the preparation of a mitigation plan for affected species.
(b) The cutting or removal of natural resources to enhance the habitat of a sensitive, threatened, or endangered species as defined in WAC 352-28-005, on lands managed by the commission or on other state lands, will only occur as a part of an interagency agreement or resource conservation plan that involves consultation with the Washington department of fish and wildlife, department of natural resources Washington natural heritage program, and as appropriate, other agencies and groups with expertise with these species, and is approved by the director or designee.
(4) Land classification (chapter 352-16 WAC) criteria: Natural resources may be cut and/or removed from the areas listed below for the following reasons only:
(a) Natural area preserves:
(i) Maintenance or construction of service roads, boundary fences, or trails, or modification of conditions only as may be required, and only where necessary, to meet park management goals and mitigated in a resource conservation plan that involves consultation with the department of natural resources Washington natural heritage program, and as appropriate other agencies and is approved by the director or the designee of the director.
(ii) Maintain or restore a native plant community, species population, or ecological process as specified in a natural area preserve management plan prepared in consultation with the department of natural resources Washington natural heritage program.
(iii) Correction of conditions hazardous to persons, properties, and/or facilities on or adjacent to park land.
(iv) Control of diseases and insect infestations where adjacent lands are severely jeopardized or where a drastic alteration of the natural environment is expected to occur, after consultation with the department of natural resources Washington natural heritage program and other agencies and groups with expertise in ecosystem health as deemed appropriate by the director.
(v) Prevent the deterioration or loss of or facilitate the restoration of historical/cultural resources.
(vi) Maintenance or construction of fire lanes for abatement of fires.
(vii) Collection of specimens as specified in WAC 352-28-040, including consultation with the department of natural resources Washington natural heritage program.
(b) Natural areas and natural forest areas:
(i) Maintenance or construction of boundary fences, trails, trail structures, trail head facilities, interpretive sites, utility easements, or service roads only as may be required, and only where absolutely necessary to meet park management goals and mitigated in a resource conservation plan that involves consultation with the department of natural resources Washington natural heritage program, and as appropriate other agencies and is approved by the director or the designee of the director.
(ii) Maintain or restore a native plant community, species population, or ecological process as specified in a natural resource conservation plan prepared in consultation with the department of natural resources Washington natural heritage program, and as appropriate other agencies.
(iii) Correction of conditions hazardous to persons, properties, and/or facilities on or adjacent to park land.
(iv) Control of diseases and insect infestations where adjacent lands are severely jeopardized or where a drastic alteration of the natural environment is expected to occur, after consultation with the department of natural resources Washington natural heritage program and other agencies and groups with expertise in ecosystem health as deemed appropriate by the director or the designee of the director.
(v) Prevent the deterioration or loss of or facilitate the restoration of historical/cultural resources.
(vi) Maintenance or construction of fire lanes for abatement of fires.
(vii) Collection of edibles as specified in WAC 352-28-030 or specimens as specified in WAC 352-28-040.
(c) Recreation areas, resource recreation areas, and heritage areas:
(i) Area clearing necessary for park maintenance, and/or park development projects for day use and overnight recreation facilities, road and utility easements, and administrative facilities.
(ii) Correction of conditions hazardous to persons, properties, and/or facilities on or adjacent to park land.
(iii) Cleanup of trees fallen, tipped, or damaged by the weather, fire, or other natural causes where they directly interfere with park management activities.
(iv) Creation of diverse native trees and other plants, coarse woody debris, and fungi sizes, ages, and species to achieve visual aspects that resemble a formal landscape, natural or historical setting, or to improve wildlife habitat.
(v) Maintenance or creation of a regenerating natural environment that will sustain low ground cover, shrubs, and understory and overstory trees to provide screening, wind, and sun protection.
(vi) Control of diseases and insect infestations where adjacent lands are severely jeopardized or where a drastic alteration of the natural environment is expected to occur.
(vii) Prevent the deterioration or loss of historical/cultural resources.
(viii) Maintenance or construction of fire lanes for abatement of fires.
(ix) Modification of conditions to maintain or restore a desired plant community, species population, or ecological process.
(x) Collection of edibles as specified in WAC 352-28-030 or specimens as specified in WAC 352-28-040.
(5) Use of fallen trees: When feasible, fallen trees shall be left on the ground when deemed environmentally beneficial or used for park purposes such as, but not limited to, approved building projects, trail mulching, and firewood, or where the tree has no economic values contributed to a state managed resource conservation effort. In natural area preserves, natural forest areas, natural areas, and resource recreation areas first consideration shall be given to leaving trees on the ground for natural purposes.
(6) Parks use: Subject to the guidelines of this section, the commission may authorize the use of natural resources within recreation areas, resource recreation areas, and heritage areas for park purposes.
AMENDATORY SECTION(Amending WSR 10-15-024, filed 7/12/10, effective 8/12/10)
WAC 352-28-020Resource sales and leases.
The following qualifications, procedures, and general provisions pertain to the sale of natural resources from commission owned or managed lands:
(1) Subject to the limitations set forth under WAC 352-28-010(4), the sale of natural resources will be undertaken only where they advance a commission approved development, are part of a resource conservation plan or interagency agreement approved by the director or designee, or are deemed by the director or designee to advance agency stewardship goals and are surplus to the ((parks))park's needs.
(2) Prior to a sale of natural resources, qualified park personnel or their designated agent shall conduct an inventory or cruise of the materials, appraise the value of such materials, and establish a minimum acceptable bid, unless such natural resources are for use by the park or qualify for direct sale under subsection (((4)))(5) of this section.
Where ((trees are))timber is to be sold, such ((trees))timber shall be cruised or appraised using methods consistent with those applied by the Washington department of natural resources or other applicable professional standards of forest land and timber appraisal. Complete records of the methods and assumptions used to make the cruise or timber appraisal and estimated minimum acceptable bids shall be maintained.
(3) Sales of timber where the ((appraised value))cruised volume of the ((materials))timber is in excess of ((twenty-five thousand dollars))one million board-feet shall require approval by a majority of the commission.
(4) Sales of timber where the ((appraised value))cruised volume of the ((materials))timber is less than or equal to ((twenty-five thousand dollars))one million board-feet and greater than five thousand board-feet shall require approval by the director or designee. The director may defer approval to the commission, in which case it shall require approval by a majority of the commission.
(5) Sales of timber where the cruised volume of timber is less than or equal to five thousand board-feet shall require approval by the natural resources program manager.
(6) Sales of timber resulting from the conversion of forest land for the development of park facilities where the appraised value of the timber removed is in excess of twenty-five thousand dollars shall require approval by a majority of the commission.
(7) Sales of natural resources other than timber where the appraised value is in excess of twenty-five thousand dollars shall require approval by a majority of the commission.
(8) All sales shall be conducted pursuant to procedures approved by the commission.