WSR 25-06-028
PERMANENT RULES
DEPARTMENT OF
NATURAL RESOURCES
[Filed February 25, 2025, 10:06 a.m., effective March 28, 2025]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department of natural resources' (DNR) commercial real estate program update to WAC 332-22-060 to be consistent with RCW
79.13.060 (1)(b) which was modified in the 2022 legislative session. WAC 332-22-060 language is currently inconsistent with the statute requiring all leases, regardless of type and term, to have periodic rental reevaluation and adjustment. In addition, DNR is adding language to the WAC clarifying the definition for "periodic rental reevaluation and adjustment." This will create consistency for DNR between state statutory requirements and its administrative rules.
Citation of Rules Affected by this Order: Amending WAC 332-22-060.
Statutory Authority for Adoption: RCW
79.13.060 (1)(b).
Adopted under notice filed as WSR 25-01-167 on December 18, 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 25, 2025.
Michael Kearney
Product Sales and Leasing Division Manager
OTS-6065.1
AMENDATORY SECTION(Amending WSR 84-19-007, filed 9/10/84)
WAC 332-22-060Lease procedure—Rental adjustments.
All leases shall provide for periodic rental reevaluation and adjustment, except:
(1) Leases with rentals based upon a percentage of crop or income;
(2) Leases for commercial, industrial, or business purposes must only provide for periodic rental reevaluation and adjustment if the lease extends beyond 55 years.
Periodic rental reevaluation and adjustment is defined as a reappraisal or corresponding readjustment of rent based on the current market rental rate of the leased space or ground.
The lessee may request rental adjustments as provided in RCW ((79.01.096))79.13.060.