WSR 20-08-047
EXPEDITED RULES
DEPARTMENT OF
NATURAL RESOURCES
[Filed March 25, 2020, 11:13 a.m.]
Title of Rule and Other Identifying Information: Chapter 332-120 WAC, Survey monumentsRemoval and [or] destruction.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Remove reference to the Washington coordinate system datum NAD 83 as listed in WAC 332-120-040(2). The reference is outdated and needs to be corrected to be the Washington plane coordinate system as established and designated by chapter 58.20 RCW.
Reasons Supporting Proposal: The statute for the Washington plane coordinate system was modified by HB 2860 during the 2020 legislative session. The old NAD 83 datum was removed and replaced with new language referencing the national geodetic survey's national spatial reference system.
Statutory Authority for Adoption: RCW 58.24.030, 58.24.040, 58.09.050, and 58.17.160.
Statute Being Implemented: RCW 58.24.030, 58.24.040, 58.09.050, and 58.17.160.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of natural resources, governmental.
Name of Agency Personnel Responsible for Drafting: Patrick J. Beehler, 1111 Washington Street S.E., Olympia, WA 98504-7030, 360-902-1181; Implementation and Enforcement: Bob R. Knuth, 801 88th Avenue S.E., Tumwater, WA 98504-7019, 360-902-1197.
This notice meets the following criteria to use the expedited adoption process for these rules:
Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rochelle Goss, Department of Natural Resources, 1111 Washington Street S.E., P.O. Box 47015, Olympia, WA 98504-7015, phone 360-902-2117, fax 360-902-1789, email Rochelle.goss@dnr.wa.gov, AND RECEIVED BY June 1, 2020.
March 23, 2020
Angus W. Brodie
Deputy Supervisor
State Uplands
AMENDATORY SECTION(Amending WSR 05-13-104, filed 6/17/05, effective 7/18/05)
WAC 332-120-040Monument removal or destruction.
(1) All land boundary survey monuments that are removed or destroyed shall be replaced or witness monuments shall be set to perpetuate the survey point.
(2) A land boundary survey corner shall be referenced to the Washington plane coordinate system ((of 1983))as established and designated by chapter 58.20 RCW, prior to removal or destruction. See WAC 332-130-070(2), land boundary survey standards.
An applicant may request a variance from this referencing requirement by so noting in the applicant information section on the permit and providing the justification on the back of the form. The department shall note whether the variance is approved or not approved and shall provide the reason for not approving the request.