WSR 09-18-031

PREPROPOSAL STATEMENT OF INQUIRY

FOREST PRACTICES BOARD


[ Filed August 25, 2009, 11:39 a.m. ]

Subject of Possible Rule Making: Amend chapter 222-23 WAC, Riparian open space program, that purchases land conservation easements in riparian areas from private landowners.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 76.09.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislature passed SSB 5401 amending RCW 76.09.040 which established the riparian open space program. The statute was changed to purchase conservation easements for unconfined avulsing channels and required preservation of upland habitat of threatened or endangered species as designated by the forest practices board. The rule making will be amendments of the current rules in chapter 222-23 WAC to reflect changes in the statute.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The departments of ecology, fish and wildlife, and revenue may have an interest in rule development. The board will contact those agencies for this purpose.

Process for Developing New Rule: The board will request input from interested stakeholders and seek to reach consensus on the terms of the proposed rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Mail, fax, or e-mail comments to Patricia Anderson, Forest Practices Board, Rules Coordinator, Department of Natural Resources, Forest Practices Division, 1111 Washington Street S.E., 4th Floor, P.O. Box 47012, Olympia, WA 98504-7012, fax (360) 902-1428, e-mail forest.practicesboard@dnr.wa.gov.

August 12, 2009

Peter Goldmark

Chair

Washington State Code Reviser's Office