AN
ACT Relating to natural area preserves; and amending RCW 79.70.030, 79.70.060,
and 79.70.080.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
79.70.030 and 1994 c 264 s 61 are each amended to read as follows:
In
order to set aside, preserve, and protect natural areas within the
state, the department is authorized, in addition to any other powers, to:
(1)
Establish ((by rule and regulation)) the criteria for selection,
acquisition, management, protection, and use of such natural areas,
including:
(a)
Limiting public access to natural area preserves consistent with the purposes
of this chapter. Where appropriate, and on a case-by-case basis, a buffer zone
with an increased low level of public access may be created around the
environmentally sensitive areas;
(b)
Developing a management plan for each designated natural area preserve. The
plan must identify the significant resources to be conserved consistent with
the purposes of this chapter and identify the areas with potential for
low-impact public and environmental educational uses. The plan must specify
the types of management activities and public uses that are permitted,
consistent with the purposes of this chapter. The department must make the
plans available for review and comment by the public, and state, tribal, and
local agencies, prior to final approval;
(2)
Cooperate or contract with any federal, state, or local governmental agency,
private organizations, or individuals in carrying out the purpose of
this chapter;
(3)
Consistent with the plan, acquire by gift, devise, purchase, grant, dedication,
or means other than eminent domain, the fee or any lesser right or interest in
real property which shall be held and managed as a natural area;
(4)
Acquire by gift, devise, grant, or donation any personal property to be
used in the acquisition and/or management of natural areas;
(5)
Inventory existing public, state, and private lands in cooperation with
the council to assess possible natural areas to be preserved within the state;
(6)
Maintain a natural heritage program to provide assistance in the selection and
nomination of areas containing natural heritage resources for registration or
dedication. The program shall maintain a classification of natural heritage
resources, an inventory of their locations, and a data bank for such
information. The department of natural resources shall cooperate with the
department of fish and wildlife in the selection and nomination of areas from
the data bank that relate to critical wildlife habitats. Information from the
data bank shall be made available to public and private agencies and
individuals for environmental assessment and proprietary land management
purposes. Usage of the classification, inventory, or data bank of
natural heritage resources for any purpose inconsistent with the natural
heritage program is not authorized;
(7)
Prepare a natural heritage plan which shall govern the natural heritage program
in the conduct of activities to create and manage a system of natural areas ((which))
that includes natural resources conservation areas, and may include
areas designated under the research natural area program on federal lands in
the state;
(a)
The plan shall list the natural heritage resources to be considered for
registration and shall provide criteria for the selection and approval of
natural areas under this chapter;
(b)
The department shall provide opportunities for input, comment, and review to
the public, other public agencies, and private groups with special interests in
natural heritage resources during preparation of the plan;
(c)
Upon approval by the council and adoption by the department, the plan shall be
updated and submitted biennially to the appropriate committees of the
legislature for their information and review. The plan shall take effect
ninety days after the adjournment of the legislative session in which it is
submitted unless the reviewing committees suggest changes or reject the plan;
and
(8)
Maintain a state register of natural areas containing significant natural
heritage resources to be called the Washington register of natural area
preserves. Selection of natural areas for registration shall be in accordance
with criteria listed in the natural heritage plan and accomplished through
voluntary agreement between the owner of the natural area and the department.
No privately owned lands may be proposed to the council for registration
without prior notice to the owner or registered without voluntary consent of
the owner. No state or local governmental agency may require such consent as a
condition of any permit or approval of or settlement of any civil or criminal
proceeding or to penalize any landowner in any way for failure to give, or for
withdrawal of, such consent.
(a)
The department shall adopt rules and regulations as authorized by RCW 43.30.310
and 79.70.030(1) and chapter 34.05 RCW relating to voluntary natural area
registration.
(b)
After approval by the council, the department may place sites onto the register
or remove sites from the register.
(c)
The responsibility for management of registered natural area preserves shall be
with the preserve owner. A voluntary management agreement may be developed
between the department and the owners of the sites on the register.
(d)
Any public agency may register lands under provisions of this chapter.
Sec.
2. RCW
79.70.060 and 1981 c 189 s 2 are each amended to read as follows:
The
legislature finds:
(1)
That it is necessary to establish a process and means for public and private
sector cooperation in the development of a system of natural areas. Private
and public landowners should be encouraged to participate in a program of
natural area establishment which will benefit all citizens of the state;
(2)
That there is a need for a systematic and accessible means for providing
information concerning the locations of the state's natural heritage resources;
and
(3)
That the natural heritage advisory council should utilize a specific framework
for natural heritage resource conservation decision making through a
classification, inventory, priority establishment, acquisition, and management
process known as the natural heritage program. Future natural areas should
avoid unnecessary duplication of already protected natural heritage resources
including those which may already be protected in existing publicly owned or
privately dedicated lands such as nature preserves, natural areas, natural
resources conservation areas, parks, or wilderness.
Sec.
3. RCW
79.70.080 and 1994 c 264 s 63 are each amended to read as follows:
(1)
The council shall:
(a)
Meet at least annually and more frequently at the request of the chairperson;
(b)
Recommend policy for the natural heritage program through the review and
approval of the natural heritage plan;
(c)
Advise the department, the department of fish and wildlife, the state parks and
recreation commission, and other state agencies managing state-owned land or
natural resources regarding areas under their respective jurisdictions which
are appropriate for natural area registration or dedication;
(d)
Advise the department of rules and regulations that the council considers
necessary in carrying out this chapter; ((and))
(e)
Review and approve area nominations by the department or other agencies for
registration and review and comment on legal documents for the voluntary
dedication of such areas;
(f)
Recommend whether new areas proposed for protection be established as natural
area preserves, natural resources conservation areas, a combination of both, or
by some other protected status; and
(g)
Review and comment on management plans proposed for individual natural area
preserves.
(2)
From time to time, the council shall identify areas from the natural heritage
data bank which qualify for registration. Priority shall be based on the
natural heritage plan and shall generally be given to those resources which are
rarest, most threatened, or under-represented in the heritage conservation
system on a statewide basis. After qualifying areas have been identified, the
department shall advise the owners of such areas of the opportunities for
acquisition or voluntary registration or dedication.
