WSR 97-02-029

PROPOSED RULES

DEPARTMENT OF

NATURAL RESOURCES

[Order 638 and 637--Filed December 24, 1996, 8:56 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Forest protection zones, King and Pierce counties. These rules identify forest lands excluded from the forest protection zone.

Purpose: These rules remove land from the Department of Natural Resources fire protection, assigns responsibility for protection to King County Fire Protection District 18 and Pierce County Fire Protection Districts 6, 18, 22 and 24, and removes forest protection assessment from lands transferred to the fire protection district.

Statutory Authority for Adoption: RCW 76.04.165.

Summary: The fire district agrees to protect forest lands in the area identified. This will result in more efficient fire protection for the residents of the area.

Name of Agency Personnel Responsible for Drafting: Mark Gray, Olympia, (360) 902-1300; Implementation and Enforcement: Region Manager, Enumclaw, (206) 931-3990.

Name of Proponent: Department of Natural Resources, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: These rules transfer fire protection responsibilities on some unimproved forest land within King County Fire Protection District 18 and Pierce County Fire Protection Districts 6, 18, 22 and 24, to the respective fire districts. The rule's purpose is to clarify the Department of Natural Resources geographic area of fire protection responsibility, as directed in RCW 76.04.165.

Proposal Changes the Following Existing Rules: The proposed rules amend WAC 332-24-730 and 332-24-720 to exclude some unimproved forest lands within King County Fire Protection District 18 and Pierce County Fire Protection Districts 6, 18, 22 and 24, from the Department of Natural Resources' fire protection responsibility and assigns the fire protection responsibility to the fire district.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impose more than minor costs on business in an industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules relate only to internal governmental operations that are not subject to violation by a nongovernmental entity. The content of these rules are explicitly and specifically dictated by statute.

Hearing Location: Department of Natural Resources, South Puget Sound Region, 28329 S.E. 448th Street, Enumclaw, on February 4, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Mark Gray by January 31, 1997, TDD (360) 902-1156, or (360) 902-1300.

Submit Written Comments to: Mark Gray, FAX (360) 902-1757, by February 4, 1997.

Date of Intended Adoption: February 15, 1997.

December 23, 1996

Kaleen Cottingham

Department Supervisor

AMENDATORY SECTION (Amending Order 632, filed 1/4/96, effective 1/1/97)

WAC 332-24-720 Forest protection zone--Pierce County. (1) It is determined that some forest lands within Pierce County are best protected by fire protection districts. Therefore, the forest lands, situated in the following fire protection districts, are removed from the department's forest protection zone and become the protection responsibility of the district:

(a) Fire Protection District 6. All forest lands, except state and federal forest lands within the legal description as follows: Township 18 North, Range 3 East W.M., Sections 1, 2, 3, 4, 10, 11, 12, 13, 14, 23, 24, 45; Township 19 North, Range 3 East W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53; Township 19 North, Range 4 East W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 35, N 1/2 SW 1/4 of Section 36, Section 38; Township 20 North, Range 3 East W.M., Sections 11, 13, 14, 23, 24, 25, 26, 27, 31, 34, 35, 36, 39, 41; Township 20 North, Range 4 East W.M., Sections 19, 29, 30, 31, 32.

(b) Fire Protection District 18. All forest lands, except state and federal forest lands within the legal description as follows: Township 18 North, Range 4 East, W.M., NE 1/4, S 1/2 Section 1, 12; Township 18 North, Range 5 East, W.M., Sections 5, 6, 7, Section 8 West of Orville Road, Section 17 west of Orville Road; Township 19, Range 4 East, W.M., S 1/2 SE 1/4 Section 1, Sections 12, 13, 24, NE 1/4, E 1/2 NW 1/4, NE 1/4 NW 1/4, SE 1/4 Section 25, Section 26, SE 1/4 NE 1/4, E 1/2 SE 1/4 Section 36, Sections or Claim Numbers 37, 38; Township 19 North, Range 5 East, W.M., S 1/2 S 1/2 Section 6, N 1/2 NE 1/4, SW 1/4 NE 1/4, W 1/2 Section 7, W 1/2 Section 18, W 1/2 SE 1/4 West of Carbon River in Section 19, south of Carbon River in Section 30, Sections 31, 32, Sections or Claim Numbers 37, 38, 40.

(c) Fire Protection District 21. All forest lands, except state and federal forest lands within the legal description as follows: Township 17 North, Range 3 East, W.M., Sections 1, 2, 11, 12; Township 17 North, Range 4 East, W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15; Township 17 North, Range 5 East, W.M., Sections 4, 5, 6, 7; Township 18 North, Range 3 East, W.M., Sections 13, 14, 23, 24, 25, 26, 27, 34, 35, 36; Township 18 North, Range 4 East, W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36; Township 18 North, Range 5, East W.M., Sections 18, 19, 20, 29, 30, 31, 32, 33; Township 19 North, Range 4 East, W.M., Sections 28, 29, 30, 31, 32, 33, 34.

(((b))) (d) Fire Protection District 22. All forest lands, except state and federal forest lands within the legal description as follows: Township 20 North, Range 5 East, W.M., S 1/2 S 1/2 SW 1/4 west of the top of the westerly bluff of the White River Gorge in Section 2, SW 1/4 NE 1/4, NW 1/4, S 1/2 Section 3, Sections 4, 5, E 1/2 Section 7, Sections 8, 9, 10, Section 11 west of the top of the westerly bluff of the White River Gorge, SW 1/4 SW 1/4 Section 13, Section 14 west of the top of the westerly bluff of the White River Gorge, Sections 15, 16, 17, NE 1/4, N 1/2 SE 1/4, SE 1/4 SE 1/4 Section 18, N 1/2, SE 1/4 SW 1/4, SE 1/4 Section 20, Sections 21, 22, 23, NW 1/4 NW 1/4, S 1/2 NW 1/4, SW 1/4 Section 24, and N 1/2 NE 1/4, N 1/2 NW 1/4 Section 29.

(e) Fire Protection District 24. All forest lands, except state and federal forest lands within the legal description as follows: Township 19 North, Range 5 East, W.M., Sections 3, 4, NE 1/4, E 1/2 SW 1/4, SW 1/4 SW 1/4 north of Rhodes Lake Road, SE 1/4 Section 5, Section 8 north of Rhodes Lake Road, E 1/2, NW 1/4 north of Rhodes Lake Road Section 9, Section 10, S 1/2 Section 11, North 1/2 Section 14.

(f) Fire Protection District 27. All forest lands, except state and federal forest lands on Anderson Island.

(2) Forest lands removed from the forest protections zone will not be assessed under RCW 76.04.610 or 76.04.630.

(3) The exchange of fire protection responsibility involving Fire Protection District 21 will be effective January 1, 1994.

(4) The exchange of fire protection responsibility involving Fire Protection District 27 will be effective January 1, 1997.

(5) The exchange of fire protection responsibility involving Fire Protection Districts 6, 18, 22, and 24 will be effective January 1, 1998.

[Statutory Authority: RCW 76.04.165. 96-03-003 (Order 632), 332-24-720, filed 1/4/96, effective 1/1/97; 93-07-002 (Order 609), 332-24-720, filed 3/4/93, effective 4/4/93.]

AMENDATORY SECTION (Amending Order 613, filed 6/25/93, effective 7/26/93)

WAC 332-24-730 Forest protection zone--King County. (1) It is determined that some forest lands within King County are best protected by fire protection districts. Therefore, the forest lands, situated within the following fire protection districts, are removed from the department's forest protection zone and become the protection responsibility of the district:

(a) Fire Protection District 10. All forest lands, except King County, state and federal ((owned)) forest lands, within the legal description as follows: Township 23 North, Range 5 East, W.M., the N 1/2 NW 1/4 and the SE 1/4 NW 1/4 of Section 1, the NW 1/4 and the S 1/2 of Sections 2, 3, 10, 11, 12, 13; Township 24 North, Range 5 East, W.M., Sections 13, 14, 23, 24, 25, 26, 27, 34, the NW 1/4 NW 1/4 and the SW 1/4 SW 1/4 of Section 35; Township 23 North, Range 6 East, W.M., E 3/4 of Sections 3, 6, 7, 8, 10, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 26, 27, 28, 29, 36; Township 24 North, Range 6 East, W.M., the S 1/2 NW 1/4 and the N 1/2 SW 1/4 of Section 1, the S 1/2 and the S 1/2 NW 1/4 of Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 north of Interstate 90, Section 27 north of Interstate 90, 28, the SE 1/4 and the S 1/2 SW 1/4 and the NE 1/4 SW 1/4 of Section 29, the N 1/2 NE 1/4 and the NE 1/4 NW 1/4 of Section 30, the N 1/4 E 1/2 of Sections 32, 33, 34; Township 25 North, Range 6 East W.M., Sections 26, 27, 28, 32, 33, 34, the N 1/2 NW 1/4 and the SW 1/4 NW 1/4 of Section 35; Township 26 North, Range 6 East, W.M., Sections 25, 26, 35, 36; Township 23 North, Range 7 East, W.M., Sections 3, 4, 10; Township 24 North, Range 7 East, W.M., Sections 18, 19, the S 1/2 of Sections 29, 30, 32, the W 3/4 of Section 33; Township 25 North, Range 6 East, W.M., Sections 1, 12; Township 25 North, Range 7 East, W.M., that portion of the SW 1/4 west of the Tolt River of Section 1, the W 1/2 SW 1/4 of Sections 3, 4, 5, 6, 7, 8, 9, the W 3/4 and the E 1/2 SE 1/4 of Section 10, the SE 1/4 SW 1/4 and that portion of the E 1/2 west of the Tolt River of Section 11, that portion of the NW 1/4 west of the Tolt River of Section 12, the N 3/4 W 1/2 E 1/2 and the E 1/2 W 1/2 and the SW 1/4 SW 1/4 of Section 14, the W 1/2 and the S 1/2 SE 1/4 of Sections 15, 16, 17, 20, 21, 22, the W 1/4 of Section 23, the SE 1/4 and the NW 1/4 and the NE 1/4 SW 1/4 of Section 26, the N 1/4 and the W 1/4 of Sections 27, 28, 29, 30, 32, 33, that portion west of Griffin Creek of Section 34; Township 26 North, Range 7 East, W.M., the SW 1/4 and the S 1/2 SE 1/4 of Sections 26, 27, 31, 32, 33, the W 1/4 and the N 3/4 E 1/2 W 1/2 of Section 34, the N 1/2 and the E 3/4 N 1/2 S 1/2 of Sections 35, 36.

(b) Fire Protection District 28. All forest lands, except state and federal forest lands within the legal description as follows: Township 19 North, Range 6 East, W.M., Section 1 north of the White River; Township 19 North, Range 7 East, W.M., Section 6 NE 1/4, NW 1/4, SW 1/4 north of the White River, SE 1/4; Township 20 North, Range 5 East, W.M., Section 13 east of the White River, and Section 24 east of the White River; Township 20, Range 6 East, Section 1, E 1/2 Section 8, Sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, Section 19 north of the White River, Sections 20, 21, 22, 23, 24, 25, 26, 27, 28, Section 29 north of the White River, Section 30 north of the White River, Section 32 north of the White River, Section 33 north of the White River, Section 34 north of the White River, Section 35 north of the White River, Section 36 north of the White River, Section or Claim Number 37; Township 20, Range 7 East, W.M., Sections 6, 7, 18, 19, 30, 31.

(c) Fire Protection District 27. All forest lands except state and federal ((owned)) forest lands, within the legal description as follows: Township 24 North, Range 6 East, W.M., Section 12; Township 24 North, Range 7 East, W.M., Sections 3, 4, the E 1/4 and the N 1/2 NW 1/4 of Section 5, the N 3/4 E 1/2 W 1/2 and the W 1/2 E 1/2 and the NE 1/4 NE 1/4 and the SE 1/4 SE 1/4 of Section 6, the N 1/2 of Sections 7, 8, 9, 10, 11, 13, 14, 15, the NE 1/4 and the N 1/2 SE 1/4 and the NW 1/4 of Section 16, the E 1/2 NE 1/4 of Sections 17, 18, 19, the NE 1/4 of 22, the N 1/2 of Section 23, the N 1/2 and the N 1/2 SE 1/4 of Section 24; Township 25 North, Range 7 East, W.M., Section 30, the E 3/4 and the N 3/4 W 1/4 of Section 31, the SW 1/4 and the E 1/2 SE 1/4 of Sections 32, 33, 34; Township 24 North, Range 8 East, W.M., the W 1/2 NW 1/4 of Section 19.

(((c))) (d) Fire Protection District 38. All forest lands, except state and federal ((owned)) forest lands, within the legal description as follows: Township 23 North, Range 7 East, W.M., Section 1; Township 24 North, Range 7 East, W.M., Section 36; Township 23 North, Range 8 East, W.M., Sections 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 22, 23, 24, 25, 26, 27, 35; Township 24 North, Range 8 East, W.M., Sections 17, 18, 19, 20, 21, south 3/4 of Section 26, that portion of the SE 1/4 of Section 27 as bounded by 428th Avenue SE on the west and north and section line on the east and south, the N 1/2 and the SW 1/4 of Sections 28, 29, 30, 31, 32, 33, the E 1/2 and the S 3/4 of the W 1/2 of Sections 34, 35; Township 23 North, Range 9 East, W.M., Sections 7, 17, 18, 19, 30.

(((d))) (e) Fire Protection District 43. All forest lands, except state and federal ((owned)) forest lands, within the legal description as follows: Township 22 North, Range 5 East, W.M., Section 12; Township 23 North, Range 5 East, W.M., Section 24; Township 22 North, Range 6 East, W.M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, that portion of the SE 1/4 of Section 25 as bounded by 268th Avenue SE on the west, SE 264th Street on the north and section line on the east and south, Sections 27, 28, 29, 30, 31, 32, 33, 34, 35, that portion of the NE 1/4 of Section 36 as bounded by 268th Avenue SE on the west, SE Ravensdale Way on the south, Landsburg Road SE on the west and section line on the north; Township 23 North, Range 6 East, W.M., Sections 19, 29, 30, 31, 32, 33, 34, 35, 36; Township 22 North Range 7 East, W.M., Sections 5, 6, 7, 8, 18, 19, 32.

(2) Forest lands removed from the protection zone will not be assessed under RCW 76.04.610 or 76.04.630.

(3) The exchange of fire protection responsibility involving Fire Protection Districts 10, 27, 38, 43 will be effective January 1, 1994.

(4) The exchange of fire protection responsibility involving Fire Protection Districts 18, 22, and 24 will be effective January 1, 1998.

[Statutory Authority: RCW 76.04.165. 93-14-016 (Order 613), 332-24-730, filed 6/25/93, effective 7/26/93.]

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