BP BHEAD INT S [atlas:bill]

AN ACT Relating to railroad corridors acquired by state agencies for trail use; amending RCW 79.08.277; adding a new section to chapter 43.51 RCW; adding a new section to chapter 79.08 RCW; and adding a new chapter to Title 81 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that state agencies have acquired railroad corridors under the national trails system act to preserve these unique and valuable corridors for future railroad use and possible future utility corridors. The legislature also finds that such railroad corridors are surrounded by privately owned properties, or contain easements across privately owned properties, and that, because the operation of the corridors can significantly affect these properties, certain operation standards should be implemented to serve the citizens of the state adequately. The purpose of this chapter is to establish minimum requirements for the management and operation of such corridors in order to protect privately owned property.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "State agency" means and includes every state office, department, division, board, or commission.

(2) "National trails system act" means section 1247 of the national trails system act, 16 U.S.C. Sec. 1247(d).

(3) "Railroad corridor" means railroad rights-of-way acquired by a state agency under the national trails system act for interim trail use.

NEW SECTION. Sec. 3. A state agency that has acquired a railroad corridor under the national trails system act shall manage and operate the corridor in compliance with the requirements of this section to the extent that funds are specifically appropriated for the purpose of implementing plans consistent with section 4 of this act.

(1) The agency shall comply with all applicable rules and standards for the control of noxious weeds under chapters 17.04 and 17.10 RCW.

(2) The agency shall, at a minimum, maintain, reconstruct, or replace livestock control fences, or pay the costs of maintaining, reconstructing, or replacing livestock control fences, in the same manner as when the corridor was managed and operated to support active railroad service or in a manner agreed upon by the adjacent landowner and the agency. This may include, but is not limited to, maintaining or constructing livestock control fences where the full cost of such maintenance or construction is borne by the state agency, providing fencing materials to adjacent landowners, or otherwise sharing the costs of maintaining or constructing fencing with adjacent landowners.

(3) The agency shall close trails that are not yet developed or portions of trails that are not yet developed during hunting season, except that the agency shall not close the trail for access to property owned or controlled by the department of fish and wildlife that immediately borders the corridor. For those trails or portions of trails that have been developed, the agency shall prohibit hunting on and from the trail and shall provide signage to warn trail users not to trespass on private property.

(4) The agency shall regularly patrol the trail and enforce state laws and rules that, at a minimum, prohibit littering, vandalism, disturbing livestock, lighting fires in nondesignated areas, illegal dumping, motorized vehicle use, fireworks, and camping and picnicking in nondesignated areas. The agency shall post signs warning the public regarding prohibitions against disturbing livestock, lighting fires in nondesignated camping areas, and trespassing upon privately owned property. The agency shall post informational signs at each trail entrance to warn trail users that the failure to obey state law and the agency's rules may result in a citation or expulsion from the trail.

NEW SECTION. Sec. 4. State agencies shall develop long-term implementation plans and budgets to meet the requirements of section 3 of this act for each railroad corridor acquired under the national trails system act. Each plan and budget shall be developed in consultation with an advisory committee composed of interested owners of properties adjacent to the corridor as well as representatives from trail user groups. Plans and long-term budgets shall be submitted to the appropriate standing committees of the legislature by January 1, 1999.

NEW SECTION. Sec. 5. An owner of property located immediately adjacent to a railroad corridor may register a formal complaint with the state agency managing the corridor regarding the agency's compliance with the requirements in section 3 of this act. The complaint shall be in writing, shall describe the place and time of any violations, and may include a request that the violation be corrected. Within fifteen days of receiving a complaint under this section, state agencies shall, in writing, acknowledge receipt of the complaint and respond to the complainant with either (1) a plan for meeting the requirement, or (2) if the agency believes that it is in compliance with the requirement, documentation of such compliance, or (3) if the agency believes that additional time is necessary to investigate and respond to the complaint under subsection (1) or (2) of this section, a reasonable estimate of the amount of time necessary to so respond, which shall not exceed forty-five days from the date the agency received the complaint.

NEW SECTION. Sec. 6. (1) Beginning July 1, 2001, an owner of property located immediately adjacent to a railroad corridor who has filed a complaint under section 5 of this act may file an action in the superior court of the county in which the property is located requesting a declaration of whether the state agency managing the railroad corridor is substantially meeting the requirements of section 3 of this act. Except as otherwise provided by this section, an action filed under this section is governed by chapter 7.24 RCW and applicable court rules.

(2) An action filed under this section shall be brought no sooner than fifty days and no later than one year following the date the agency received the complaint under section 5 of this act.

(3) The superior court shall hold a hearing on the action within ninety days of the filing of the action, absent a showing of good cause or stipulation of the parties.

(4) In an action filed under subsection (1) of this section, if the court determines that the state agency is not substantially meeting the requirements of section 3 of this act, the court shall issue an order to the state agency to expeditiously undertake such action as is necessary to bring the agency into compliance with the requirements of section 3 of this act. The agency shall close that portion of the trail where the court has determined the agency is not substantially meeting the requirements of section 3 of this act until the agency is substantially meeting the requirements. The closure shall be from the nearest public access points on either side of the problem area.

NEW SECTION. Sec. 7. A new section is added to chapter 43.51 RCW to read as follows:

Sections 3 through 6 of this act apply to the state parks and recreation commission with respect to the portion of the Milwaukee Road corridor under its control, including the management and operation of the corridor in compliance with section 3 of this act, the requirement to develop long-term implementation plans and budgets in compliance with section 4 of this act, and the provisions regarding complaints of adjacent landowners as provided in sections 5 and 6 of this act.

NEW SECTION. Sec. 8. A new section is added to chapter 79.08 RCW to read as follows:

Sections 3 through 6 of this act apply to the department of natural resources with respect to the portion of the Milwaukee Road corridor under its control, including the management and operation of the corridor in compliance with section 3 of this act, the requirement to develop long-term implementation plans and budgets in compliance with section 4 of this act, and the provisions regarding complaints of adjacent landowners as provided in sections 5 and 6 of this act.

Sec. 9. RCW 79.08.277 and 1984 c 174 s 7 are each amended to read as follows:

The portion of the Milwaukee Road corridor under management and control of the department of natural resources shall be open to individuals or organized groups which obtain permits from the department of natural resources to travel the corridor for recreational purposes. The department shall not issue permits for use of the trail during hunting season, except that the department shall allow use of the trail as access to property owned or controlled by the department of fish and wildlife that immediately borders the corridor. The department of natural resources shall, for the purpose of issuing permits for corridor use, promulgate rules necessary for the orderly and safe use of the corridor and protection of adjoining landowners. Permit fees shall be established at a level that will cover costs of issuance. Upon request of abutting landowners, the department shall notify the landowners of permits issued for use of the corridor adjacent to their property.

NEW SECTION. Sec. 10. Sections 1 through 6 of this act constitute a new chapter in Title 81 RCW.