WSR 04-19-146

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

NATURAL RESOURCES

[ Filed September 22, 2004, 9:34 a.m. ]

Subject of Possible Rule Making: The department is considering revision and/or additions to chapter 332-52 WAC regarding recreation and public access on Department of Natural Resources (DNR) managed lands.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 79.10.120 directs DNR to allow multiple use of the trust lands it manages - including recreation areas and trails, education and scientific studies, special events, hunting and fishing, and maintenance of scenic areas and historic sites - when such uses are compatible with trust land management. RCW 43.12.065 (in accordance with chapter 34.05 RCW) gives DNR authority to adopt and enforce rules that pertain to the promotion of public safety and the protection of public property on DNR-managed lands.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Written in 1970, chapter 332-52 WAC is outdated. Since then, there have been a number of technological advances in relationship to recreation vehicles, such as off-road vehicles (i.e., motorcycles, all terrain vehicles), mountain bicycles and four-wheel drive vehicles. Additional recreational uses present on DNR-managed land include hunting, horseback riding, scenic driving, hiking, picnicking, berry picking and mushroom gathering. The department is faced with how best to manage the varying types of recreational uses and users, as the number of recreation enthusiasts accessing DNR-managed lands is estimated to be over nine million visitors each year.

It is the intention of the department in revising chapter 332-52 WAC to provide a safer, more enjoyable experience for the public as the recreate and access DNR lands.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: State: Washington State Parks and Recreation Commission, Washington Department of Fish and Wildlife, Interagency Committee for Outdoor Recreation.

Federal: Bureau of Land Management, United States Forest Service, Army Corps of Engineers, National Park Service.

The department will provide the same opportunities for involvement by the before mentioned agencies, as it will for the public's participation as outlined below. It is the intent of the department, when appropriate, to propose rules consistent with statutes guiding or rules adopted by the before mentioned agencies.

Process for Developing New Rule: In addition to providing the outlined level of public involvement required by the Administrative Procedure Act, the department plans to follow a community relations approach to revising chapter 332-52 WAC. Opportunities for public participation are offered during October and November 2004, in advance of filing a CR-102 Notice of proposed rule-making. Opportunities for public involvement will also occur as part of the State Environmental Policy Act (SEPA) review process. Public meetings across the state provide opportunities for department officials to present the purpose/context for the rule revision, pose key questions, and gather citizen input related to possible rule addition and/or revision.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The schedule for the public meetings is as follows: On October 19, 2004, at 6-8 p.m., at the Lacey Community Center at Woodland Creek Community Park, 6729 Pacific Avenue S.E., Lacey, WA 98509-3400; on October 20, 2004, at 6-8 p.m., at the Best Western Cotton Tree Inn and Convention Center, Orcas Room, 2401 Riverside Drive, Mount Vernon, WA 98362; on October 21, 2004, at 6-8 p.m., at Peninsula College, A-12, 1502 East Lauridsen Boulevard, Port Angeles, WA 98362; on October 26, 2004, at 6-8 p.m., at the Red Lion, 100 Columbia Street, Vancouver, WA 98660; on October 27, 2004, at 6-8 p.m., at the Hilton Garden Inn, Spokane Airport, Granite Room, 9015 West Highway 2, Spokane, WA 99224; on October 28, 2004, at 6-8 p.m., at The Mountaineers, Tahoma 2 Room, 300 Third Avenue West, Seattle, WA 98119; on November 3, 2004, at 6-8 p.m., at the Okanogan Inn, 1 Apple Way, Okanogan, WA 98840; and on November 4, 2004, at 6-8 p.m., at Central Washington University, Black Hall, 400 East 8th Avenue, Ellensburg, WA 98926.

The Department of Natural Resources encourages your active participation in the rule-making process. Anyone interested in more information or on how to participate should contact Mary Coacher, Asset Management and Protection, Department of Natural Resources, P.O. Box 47027, Olympia, WA 98504-7027, e-mail mary.coacher@wadnr.gov, voice message (360) 902-1430, fax (360) 902-1789.

September 21, 2004

Bonnie B. Bunning

Executive Director of

Policy and Administration

Legislature Code Reviser 

Register

Washington State Code Reviser's Office