WSR 08-13-036

EXPEDITED RULES

DEPARTMENT OF

NATURAL RESOURCES

[ Filed June 10, 2008, 3:51 p.m. ]

     Title of Rule and Other Identifying Information: Amending WAC 332-24-710 Forest protection zone -- Kitsap County.

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 Darrel Johnston, Department of Natural Resources, 1111 Washington Street S.E., P.O. Box 47037, Olympia, WA 98504-7037 , AND RECEIVED BY August 18, 2008.


     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend to accurately reflect forest lands removed within Kitsap County from department of natural resources (DNR) fire protection and assign responsibility for fire protection to the respective Kitsap County fire protection district.

     Boundary changes were negotiated with the associated fire protection districts as specified by RCW 76.04.165(3).

     Reasons Supporting Proposal: To clarify the DNR geographic area of fire protection responsibility, as directed in RCW 76.04.165(3). This will result in more effective fire protection for the residents of the area.

     Statutory Authority for Adoption: RCW 76.04.165.

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

     Name of Proponent: Darrel Johnston, DNR, governmental.

     Name of Agency Personnel Responsible for Drafting: Darrel Johnston, 1111 Washington Street S.E., Olympia, WA 98504-7037, (360) 902-2112; Implementation and Enforcement: DNR South Puget Sound Region, 950 Farman Avenue North, Enumclaw, WA 98022, (360) 825-1631.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: DNR is not currently assessing forest protection on these lands.

Mark A. Kahley

for Victoria Christiansen

Executive Director of

Regulatory Programs

OTS-1331.3


AMENDATORY SECTION(Amending Order 608, filed 1/8/93, effective 2/8/93)

WAC 332-24-710   Forest protection zone--Kitsap County.   (1) It is determined that some forest lands within Kitsap County are best protected by fire protection districts. Therefore, the forest lands, situated within the following fire districts, are removed from the department's forest protection zone and become the protection responsibility of the district:

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

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

     (((c) Fire Protection District 4. All forest lands except state, tribal, and federal owned forest lands within the legal description as follows: Township 26 North, Range 2 East W.M., Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32.

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

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

     (f) Fire Protection District 12. All forest lands except state and federal owned forest lands within the legal description as follows: Township 24 North, Range 1 East W.M., Sections 4, 5, 6, 7, 8, 16, 17, 20, 21; Township 24, North, Range 1 West W.M., Sections 1, 2, 3; Township 25 North, Range 1 East W.M., Sections 29, 30, 31, 32, 33; Township 25, North, Range 1 West W.M., Sections 25, 26, 27, 34, 35.

     (g) Fire Protection District 14. All forest lands except state and federal owned forest lands within the legal description as follows: Township 27 North, Range 2 East W.M., Sections 2, 3, 10, 11; Township 28 North, Range 1 East W.M., Sections 12, 13; Township 28 North, Range 2 East W.M., Sections 7, 15, 16, 17, 18, 19, 20, 21, 22, 26, 27, 34, 35, E 1/2 E 1/2 Sec. 28, E 1/2 E 1/2 Sec. 33.

     (h) Fire Protection District 15. All forest lands except state and federal owned forest lands within the legal description as follows: Township 24 North, Range 1 East W.M., Sections 1, 2, 3, 10, 11, 12; Township 24 North, Range 2 East W.M., Sections 6, 7, 18; Township 25 North, Range 1 East W.M., Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36; Township 25 North, Range 2 East W.M., Sections 19, 30, 31.

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

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

     (e) North Kitsap Fire and Rescue Formerly Fire Protection District 10. All forest lands, except state and federal owned lands within the legal description as follows: Township 27 North, Range 2 East, W.M., Sections 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36.

     (f) Central Kitsap Fire and Rescue Formerly Fire Protection District 12. All forest lands except state and federal owned forest land within the legal description as follows: Township 25 North, Range 1 West, W.M., Sections 25, 26, 27, 34, 35, 36; Township 25 North, Range 1 East, W.M., Sections 29, 32, 33, the SE 1/4 SE 1/4 of Section 30, the E 1/2 and the E 1/2 SW 1/4 of Section 31; Township 24 North, Range 1 West, W.M., Sections 1, 2, 3; Township 24 North, Range 1 East, W.M., Sections 4, 5, 8, the S 1/2 and the NE 1/4 and the E 1/2 NW 1/4 of Section 6, the N 1/2 and the N 1/2 SE 1/4 and the SE 1/4 SE 1/4 and the E 1/2 NW 1/4 SW 1/4 of Section 7, the SW 1/4 of Section 17, the NW 1/4 and the N 1/2 SW 1/4 and the SW 1/4 SW 1/4 of Section 20.

     (g) North Kitsap Fire and Rescue Formerly Fire Protection District 14. All forest lands, except state, tribal and federal owned forest lands within the legal description as follows: Township 28 North, Range 1 East, W.M., Sections 12, 13; Township 28 North, Range 2 East, W.M., Sections 7, 15, 16, 17, 18, 19, 20, 21, 22, 26, 27, 34, 35, the E 1/4 of Section 28, the W 1/2 of Section 29, the W 3/4 of Section 32, the E 1/4 of Section 33; Township 27 North, Range 2 East, W.M., Sections 2, 3, 4, 9, 10, 11.

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

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

     (3) The transfer of fire protection responsibility is effective January 1, ((1994)) 2006.

[Statutory Authority: RCW 76.04.165. 93-03-007 (Order 608), § 332-24-710, filed 1/8/93, effective 2/8/93.]

© Washington State Code Reviser's Office