Washington Administrative Code

The department may cancel or suspend grazing permits or preferences, in whole or in part, for a violation of the terms of the permit or of these regulations.[Statutory Authority: RCW 79.28.050 and 79.28.040. WSR 83-21-018 (Order 402), § 332-20-250, filed 10/7/83; Rules (part), fi…

Any decision by the department on range matters may be reviewed with the area manager of the respective area. If the area manager cannot settle the matter, it will be forwarded to the department supervisor.[Statutory Authority: RCW 79.28.050 and 79.28.040. WSR 83-21-018 (Order 40…

In order to obtain a collective expression of views and recommendations of the state grazing permittees concerning the management and administration of state lands, and to encourage maximum participation by permittees in actual management of the range where not provided for by ot…

The department recognizes the public interest in its management of state lands and the multiple use of these lands. The department is directed to give full consideration to the expressions of the views of any interested person, industry, or organization for the equitable solution…

The department will cooperate with the state, county, and federal officers in the enforcement of all the laws and regulations relating to livestock health including:(1) Compliance with livestock quarantine regulations and such other sanitary measures as may appear necessary to pr…

Agreements must be made with the department in connection with the construction of range improvements on state range lands. Such agreements must address ownership of the improvements and its disposition at the end of the permit term. Grazing permit fees may be adjusted to compens…

The department may enter into a coordinated resource management plan and other agreements with any person for the protection, preservation, and use of grazing areas in multiple ownership.[Statutory Authority: RCW 79.28.050 and 79.28.040. WSR 83-21-018 (Order 402), § 332-20-330, f…

It is the objective of the department of natural resources in the management of public lands used primarily for grazing and similar low priority purposes to:(1) Obtain the greatest possible monetary return for the trust to which such land is assigned, consistent with good managem…

The following definitions are applicable to RCW 79.01.301 and these rules shall be used in connection with applications, reports, leases, and other documents issued in connection therewith:(1) "Department" shall mean the department of natural resources.(2) "Commissioner" shall me…

All applications to purchase low priority land for the purpose of development as irrigated agricultural land shall be reviewed by the board.Applications for the purchase of land for development as irrigated agricultural lands will be received during business hours in the proper o…

The board shall protect the public interest in the trust in considering applications to purchase. In considering the management of individual tracts of state land, the board shall include in its consideration of the financial benefits that may accrue to the particular beneficiary…

The department, in addition to the information provided by the applicant, shall also prepare for the board the following information:(1) Department plans for development of the tract if retained in state ownership.(2) A comparison of anticipated rental returns and appreciation in…

Written notice shall be given to the applicant at least thirty days prior to the meeting of the board at which consideration will be given to his application. The applicant may appear at the board meeting in support of his application, but is not required to do so.[Resolution No.…

When the board determines that a parcel of low priority lands shall be sold into private ownership for conversion to irrigated agricultural lands, the department shall enter into a contract with the purchaser for the conveyance of the lands to him upon such conditions as the boar…

This chapter is promulgated by the board of natural resources pursuant to the authority of chapter 79.66 RCW to establish procedures for the department of natural resources management of state-owned urban lands. These regulations are designed to establish practical procedures to …

The department shall, at intervals not greater than once every two years, identify trust lands expected to convert to commercial, residential, or industrial uses within the next ten years as provided in RCW 79.66.010. The board shall designate such trust lands as urban land if de…

(1) The department, in addition to the economic evaluation required by RCW 79.01.095, shall periodically evaluate urban lands to determine the appropriate management prescription for each parcel.(2) The department shall, as a part of its periodic evaluation, review the appropriat…

The department may, upon approval of the board, market lands not sold at public auction in accordance with RCW 79.01.612. Such property may not be offered at less than the appraised price approved by the board. The department shall select the marketing proposal that demonstrates …

The technical advisory committee authorized by RCW 79.66.010 shall provide professional advice and counsel to the board regarding land bank sales, purchases, and exchanges involving urban property.[Statutory Authority: Chapter 79.66 RCW. WSR 84-19-008 (Resolution No. 465), § 332-…

This chapter is promulgated by the board of natural resources pursuant to the authority granted by RCW 79.01.242 to establish procedures for the department's state land leasing program. The board of natural resources recognizes that in order to obtain a fair market return to the …

Insofar as these rules apply, these definitions will be utilized.(1) "Commissioner" means the commissioner of public lands.(2) "Department" means the department of natural resources as defined in RCW 43.30.030.(3) "Board" means the board of natural resources as defined in RCW 43.…

On a new lease or an existing lease advertised for negotiation there may be a bonus bid.[Statutory Authority: RCW 79.01.242. WSR 84-19-007 (Resolution No. 464), § 332-22-025, filed 9/10/84.]

(1) Application to lease will be considered only for state lands as may be shown to be available for lease in department records or when an existing lease will expire within one hundred twenty days or leases which can be considered for conversion to a higher and better use.(2) Ap…

(1) The department will determine which parcels of state land will be offered for public auction from:(a) Applications received;(b) Evaluation of land not presently leased; and(c) Land with a lease expiring, and on which it is in the best interest of the state to offer at auction…

Existing leases may be amended through negotiation between the lessee and the department but the term of any such amendment shall not exceed the specified maximum lease period as set forth in RCW 79.01.096 or 79.12.570. Such amendments shall be in writing and signed by both parti…

All leases shall provide for periodic rental reevaluation and adjustment, except:(1) Leases with rentals based upon a percentage of crop or income;(2) Leases for commercial, industrial, or business purposes must only provide for periodic rental reevaluation and adjustment if the …

Notice of all existing leases which will be negotiated by the department shall be published in two newspapers of general circulation in the locality of the state land, one of which shall be in the county where the land is located.[Statutory Authority: RCW 79.01.242. WSR 84-19-007…

Claimed rights to re-lease or to renew a lease will not be authorized or recognized by the department.[Statutory Authority: RCW 79.01.242. WSR 81-03-059 (Order 350, Resolution No. 321), § 332-22-080, filed 1/20/81.]

The current lessee will be notified if the state intends to offer the leased land at public auction.[Statutory Authority: RCW 79.01.242. WSR 81-03-059 (Order 350, Resolution No. 321), § 332-22-090, filed 1/20/81.]

(1) Leases which will be used for the same or similar purposes may be offered for negotiation.(2) A notice of intention to negotiate a lease must be published once in two newspapers of general circulation in the locality of the land, one of which shall be in the county where the …

(1) The department may negotiate initial leases to authorize commercial, industrial, or residential uses on specific parcels of land zoned for such uses provided:(a) Not more than one application is received by the department to lease the property.(b) The department determines th…

Each lease negotiated or placed at public auction shall contain the following terms:(1) The use or uses to which the land is to be employed. Provision must be made by insurance or otherwise, to protect the department against third-party claims arising from the uses made of the pr…

All assignments of leasehold rights, whether total, partial or for security purposes, must be approved in writing by the department. Department approval of assignments may be conditioned upon a number of factors including rental adjustment; insurance coverage adjustment; renegoti…

A lessee desiring a waiver or modification of residential lease conditions, as authorized by RCW 79.01.242(5), may make a written request to the board and to the department setting forth the proposed change and its reasons. The department shall make recommendations to the board r…

(1) Extension of any lease may be authorized by the department for a maximum of one year from date of expiration if it is deemed to be in the best interest of the state. Such extension shall be issued upon such terms and conditions as the department may prescribe which may includ…

The board authorizes the department to issue temporary use permits of state land not to exceed one year which may not be renewed. This permit will only be issued upon receipt of fair market value for the period of occupancy.[Statutory Authority: RCW 79.01.242. WSR 81-03-059 (Orde…

The department may, at its option, require the lessee to file a cash bond, savings account assignment, approved corporate surety bond or other form of security satisfactory to the department in an amount sufficient to guarantee performance of the terms and conditions of the lease…

Leases to explore for and develop geothermal resources shall not exceed 640 acres or one entire government-surveyed section. Leases will be issued at the sole discretion of the department and only on land where the state controls the surface rights and the agency managing that la…

An applicant for a geothermal resources lease shall submit a plan of development to the department for approval with the lease application and every five years thereafter. The plan of development shall describe all activities, improvements, or other actions that will contribute t…

Geothermal resources leases shall be for a term of up to 55 years, subject every five years to approval by the department of the current plan of development. If the lessee fails to substantially comply with the plan of development, as determined by the department, the department …

The annual rental shall be set by the board of natural resources, but for years one through five the annual rental shall be not less than $1.00 per acre or $250 whichever is greater, and for years six through 10, shall be not less than $2.00 per acre or $500 whichever is greater.…

(1) Production royalty payments on geothermal resources leases shall be payable to the department for geothermal resources produced from the lease premises. The schedule of production royalty payments and method of calculating fair market value at either the well or point of ship…

At the beginning of lease year 11, or at the beginning of the year in which production starts, whichever occurs first, a minimum annual royalty of not less than two dollars per acre per year, or $2,000, whichever is greater, shall be paid to the department, and shall replace the …

(1) The holder(s) of any geothermal resources lease may apply to the department to consolidate their leaseholding for geothermal resources with other entities, including lands not owned by the state, to collectively adopt and operate as a unit under a unit plan. Such consolidatio…

A geothermal resources lessee shall furnish to the lessor copies of all reports required by the Geothermal Resources Act (chapter 79.76 RCW).[Statutory Authority: Chapter 79.12 RCW, as amended by ESB [EHB] 1277 and RCW 79.01.242. WSR 92-06-003, § 332-22-240, filed 2/20/92, effect…

Items defined herein have reference to chapter 76.04 RCW and all other provisions of law relating to forest protection and have the meanings indicated unless the context clearly requires otherwise.(1) "Abatement" means the elimination of additional fire hazard by burning, physica…

If any provisions of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances, is not affected.[Statutory Authority: RCW 76.04.015. WSR 87-11-005 (Order 504),…

Under authority granted in RCW 76.04.015 and 76.04.205, the following regulation is hereby promulgated:(1) The department is responsible, by law, for the granting of burning permits for burning on lands it protects; and(2) The department administers the protection of air quality …

The following rules apply to all burning regulated by the department:(1) The department reserves the right to restrict, regulate, refuse, revoke or postpone outdoor fires under RCW 76.04.205 and 76.04.315, and chapter 70.94 RCW due to adverse fire weather or to prevent restrictio…

In addition to WAC 332-24-205, the following rules shall apply to burning regulated by the department that does not require a written burning permit. A written burning permit is not required from the department under the following conditions:(1) In certain geographic areas of the…