Proposed WA DNR rule changes

Once again, the Washington State Department of Natural Resources is making a run at revising their recreational access rules (WAC332-52).

Here is a link to the proposed changes:

http://apps.leg.wa.gov/documents/laws/wsr/2008/10/08-10-059.htm

Here is their notice:

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DNR is Updating Chapter 332-52 WAC

The existing rules regarding recreation and access were written in the 1970’s and have not been changed since this time. Because of this, the rules do not address all of the current recreation uses or the operating environment that exists today. The purpose for updating chapter 332-52 WAC is to set standards for public use on department managed lands. When the standards vary from place to place, it is challenging for users to know and comply with expectations and difficult to law enforcement to enforce. Revising the rules will help DNR accommodate a wide range of uses with a standard set of expectations, while promoting safety and encouraging stewardship of natural resources.

These rules govern public behavior on the following lands:

• DNR managed state lands, state forest lands, and state-owned aquatic lands;

• Natural area preserves as defined in chapter 79.70 RCW or natural resources conservation areas as defined in chapter 79.91 RCW;

• Lands leased from DNR by another public agency in place of the agency’s own rules governing use of the leased lands when the agency requests the department rules apply; and

• Other city, county, state and federal lands under the department’s management.

DNR manages about 5.4 million acres of public lands, including forest, agriculture, and aquatic lands, as well as commercial properties and natural areas. About 3 million acres are referred to as “state trust lands”. By law, state trust lands are managed to produce income for specific named beneficiaries such as public schools, universities, prison, state mental hospitals, community colleges and local services in many counties. They also are managed to provide fish and wildlife habitat, as well as educational and recreational opportunities under the state’s “multiple use act”. Other uses can occur so long as they do not compromise the ability to meet trust responsibilities.

Most of the recreation occurring on DNR-managed lands takes place in forested trust lands on over 2 million acres. Chapter 79.10.120 RCW directs DNR to manage trust lands to provide for many uses 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.

State law (chapter 43.12.065 RCW) directs the department to develop and implement rules that are determined by the department to be necessary “for the promotion of public safety and the protection of public property.” The Department of Natural Resources may (in accordance with chapter 34.05 RCW) issue, promulgate, adopt and enforce rules pertaining to use by the public of state-owned lands and property which are administered by the department.

DNR is working with other land management agencies, such as the U.S. Forest Service, Washington State Parks and WDFW, to make rules more compatible and/or consistent, where appropriate. It is DNR’s goal when developing rules to identify areas where consistent rules across land ownership boundaries would reduce confusion for members of the public.

Updates to the rules pertain only to public behavior when accessing and recreating on DNR-managed lands. The type and amount of recreation opportunities in any given location are determined by the department on the basis of land management considerations on a site by site basis, governed by policies of the Board of Natural Resources.

To get a copy of the existing chapter 332-52 WAC please go to the following website: http://apps.leg.wa.gov/wac/default.aspx?cite=332-52.

DNR is inviting you to participate in the below public hearings, please note all hearings begin at 6:00 p.m.:

Tuesday, June 10th

¨ Mount Vernon, Best Western Cotton Tree

Thursday, June 12th

¨ Port Angeles, Senior Community Center

Tuesday, June 17th

¨ Hoquiam, Timberland Library

¨ Issaquah, King County Library

Wednesday, June 18th

¨ Vancouver, Red Lion

¨ Ellensburg, Central Washington University

Thursday, June 19th

¨ Olympia, Phoenix Inn Suites

¨ Omak, Sun Valley Restaurant

Wednesday, June 25th

¨ Spokane, Hilton Garden Inn

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As soon as I get an email address to sent written comments I will post it here.

So far, my personal comments are:

332-52-145 (3) © states “Persons shall not shoot on, at, across, along, down, from, or in the direction, or within five hundred feet, of:” and “(iv) Structures or equipment”.

This section should be clarified. Is a person’s own firearm, shooting accessories, personal effects or vehicle considered “equipment”?

332-52-300 (8) States “Camping parties of one or more persons shall not occupy a campsite with more than two passenger or recreational vehicles unless otherwise posted”.

Motorcycles should be specifically excluded. Parked motorcycles do not significantly contribute to the overcrowding of campsites. Additionally, as written this would ban a person or persons with one truck and two offroad motorcycles from using a campsite.

332-52-405 states that “A person shall not construct, modify, repair or maintain a new or existing recreational trail . . . . . .Without advance written authorization from the department”

Removal of weather related debris should be specifically exempted. Much of this activity is done by spontaneously by volunteers and will not be accomplish if advance authorization is required. Criminalizing this sort of activity does nothing to protect DNR managed lands and increases DNR workload by shifting the labor from volunteers to DNR staff.

332-52-410 (3) states that “While operating a motorized or nonmotorized vehicle, who has the right of way?” and “(? Other motorized or nonmotorized vehicles”

This section should be clarified or deleted. Based on the current wording either everyone has the right of way or nobody does.

Tod, as always, appreciate you being on top of all legislative alerts and getting the word out for us. ?

Yes,be sure to give your input. thanks Tod!

Joe

Eagle Eye Tod. Thank you!

Public comment period is June 3 through July 8.

Submit Written Comments to:

Mary Coacher

P.O. Box 47014

Olympia, WA 98504-7014

e-mail: mary.coacher@wadnr.gov

fax: (360) 902-1600

From our friends at the Skagit Motorcycle Club:

The DNR is planning on kicking ORV’s and bicycles off all public land (except for designated riding areas) in September 2008.

If you’re a rider, hunter, fisherman, bicycle rider, or anyone using an ORV on Washington State land, please get involved.

The new proposed WAC 332-52 will make it:

1. Illegal for you to ride behind a gate or barrier. Almost all DNR land will be off limits and you will be fined.

2. A criminal offense to do trail work without written permission.

3. Harder to have ORV events on state land.

THE DNR CAN BE STOPPED!

1. Write a letter: Mary Coacher

1111 Washington Street SE

P.O. Box 47014

Olympia, WA 98504-7014

2. Email: mary.coacher@wadnr.gov by July 8, 2008.

3. Fax: (360) 902-1600 by July 8, 2008

4. Attend a meeting: June 10, 2008 at 6:00 p.m.

Best Western Cotton Tree, Mount Vernon, WA

June 17, 2008 at 6:00 p.m.

King County Library, Issaquah, WA

See DNR website for additional meetings and dates or call DNR at (206) 920-5907.

If you get active, we will use your support to push for opening up state land for more widespread use.

I have sent my mail to Mary.

Another section to comment on: ?

WAC 332-52-400 (3) states that “Motorized vehicle use on roads or trails is controlled through a variety of methods to include signs, gates, berms, trenches, concrete barriers, rocks, stumps or other barriers. Motorized vehicle use on or beyond these signs or barriers is strictly prohibited unless otherwise posted.”

This section should be clarified or deleted. Based on the current wording a law abiding offroad motorcyclist would be required to cease traveling immediately when encountering any impediment along his intended route if it appears as that there is a chance that that impediment may be manmade a lacking in specific signage allowing motorized travel. This defacto “closed unless posted open” policy is in direct conflict with the DNR’s multiple use mandate pursuant to RCW 79.10.120. Furthermore considering the DNR historical shortage of public use management manpower, managing and maintaining the vast quantity of signage required to adequately implement this policy appears to be well beyond the ability of the DNR.

sent the letter.

I simply cannot go in person. If I went to the Issaquah one (right down the road from me)and over heard some pony tailed pot smoking liberal fool tell me how he cant wait to completely outlaw ORV's or make some other snide comments.... I might seriously lose it like I have never lost it before.

DNR SEPA notice with meeting location addresses added:

SEPA File No. 08-060501

SEPA LEAD AGENCY & DETERMINATION OF NONSIGNIFICANCE

This is to advise you that pursuant to WAC 197-11-900 (922 through 948), the Department of Natural Resources has determined that it is Lead Agency for the following:

DNR is updating WAC 332-52 to meet today's standards for public safety and natural resource protection on lands managed by the Department of Natural Resources. These rules for recreation and public access on DNR-managed lands were last updated 36 years ago. The focus of the revision is to improve the management of recreational activities and to provide information in a clear and understandable way. Located on public lands in Washington State.

PUBLIC HEARINGS

Public hearings will be held across the state in June 2008.

All hearings begin at 6:00 pm.

Tuesday, June 10th, 2008:

Mount Vernon, Best Western Cotton Tree

2300 Market Street, Mount Vernon, WA (360) 428-5678

Thursday, June 12, 2008:

Port Angeles, Senior Community Center

328 E 7th St, Port Angeles, WA (360) 457-7004

Tuesday, June 17, 2008:

Hoquiam, Timberland Library

420 7th Street, Hoquiam, WA (360) 532-1710

Tuesday, June 17, 2008:

Issaquah, King County Library Service Center,

Public Meeting Room (2A/:thumbsup:

960 Newport Way NW, Issaquah, WA (425) 369-3200‎

Wednesday, June 18, 2008:

Vancouver, Red Lion at the Quay

100 Columbia Street, Vancouver, WA (360) 694-8341

Wednesday, June 18, 2008:

Ellensburg, Central Washington University,

Student Union and Recreation Center, Room 137B

1007 N. Chestnut Street, Ellensburg, WA (509) 963-1111

Thursday, June 19, 2008:

Olympia, Phoenix Inn Suites

417 Capitol Way N, Olympia, WA (360) 570-0555

Thursday, June 19, 2008:

Okanogan, Sun Valley Restaurant

1 Appleway Road, Okanogan, WA (509) 422- 2070

Wednesday, June 25th, 2008:

Spokane, Hilton Garden Inn

9015 W Sunset Hwy, Spokane, WA 99224 (509) 244-5866

Information about this proposal including the Threshold Determination and SEPA Checklist can be viewed on DNR’s website at:

http://www.dnr.wa.gov/ResearchScience/Topics/Pages/NonProjectActions_PR.aspx

Pursuant to WAC 332-41-504, this proposal was filed in the department’s SEPA Center at the Natural Resources Building, 1111 Washington Street SE, P.O. Box 47015, Olympia, Washington, on June 5, 2008. We will consider comments on this proposed DNS received by 4:30 p.m. on July 8, 2008. Comments should be submitted to the SEPA Center at, sepacenter@dnr.wa.gov or P.O. Box 47015, Olympia, Washington 98504-7015 for distribution to the responsible official. Please include the file number listed above on all comments.

sent another letter in today....did anyone else?

Joe

Thanks for helping us on this Tod ... and to all the TT'ers who are taking the 2-3 minutes to respond ... you've really made it easy for us, thanks again! See you at the Iss'y meeting!

Byron

The Washington State Department of Natural Resources has proposed some serious changes to their rules relating to recreational use of land that the DNR manages. The DNR is holding hearings to hear what you think about these new rules.

JUST SAY NO TO CLOSING ALL TRAILS NOT POSTED AS OPEN

JUST SAY NO TO MAKING IT A CRIME TO “DAMAGE” A TRAIL IN ANY WAY (INCLUDING MERELY RIDING ON IT)

JUST SAY NO TO MAKING IT A CRIME TO DO ANY TRAIL REPAIR WITHOUT WRITTEN PERMISSION

?SAY YES TO “DISPERSED USE” ORV TRAILS

Nice comment letter written by a WOHVA Board of Directors member:?

Dear DNR,

Please do not adopt the proposed OHV rules as currently written. There are several areas that need to be improved:

1. Burden to provide recreation - These rules do not propose support for recreation but rather how to limit it. "The primary objective of these rules is to promote public safety and protect DNR-managed lands, property and resources". Where are promotion, recreation and further public benefits?

The entire tone of these is what can't be done, not what needs to be done to promote recreation, in many forms. This is NOT showing that the DNR can act "consistent with the trust obligations on applicable trust lands" ... and yet you expect that same behaviour from the public? WAC 332-52-020 Applicability and scope.

The new section on "Managing Recreation and Public Use" speaks only about whether the DNR can limit use and how to penalize the public ... not about how recreation and use must be promoted. WAC 332-52-100 Managing recreation and public use.

2. Multiple Use - There is no promotion of multiple use concepts in these regs. They define areas where conflict can not exist and proscribe many situation where penalties are imposed . and don't support multiple use. The definitions at the very beginning do not even define multiple use ... do the authors know how to define it? WAC 332-52-010 Definitions.

3. Volunteer Maintenance becomes a misdemeanor - Under these regs, if written permission is not received, volunteers can be subject to misdemeanors for performing trail maintenance ... maintenance intended to save public funds and promote access and recreation. WAC 332-52-405 Unauthorized construction of trails and structures.

As a Board member of the Washington Off Highway Vehicle Alliance, I believe there are many positives that come from this rule review. I do not see, though, that this draft provides any balance, nor shoulders any promotional burden, from the DNR for being entrusted with our public lands. Please let this review process create a dialogue among the groups who seek to continue using the public lands.

Thanks, and please contact me if I or WOHVA can be of any assistance,

Byron Stuck

WOHVA Board member

sent another letter in today....did anyone else?

Joe

Both Mary and the Sepacenter received words from the shrub

Another day.....ANOTHER letter sent!

Joe

Another comment to consider:

332-52-205 (1) States “Persons are required to obtain recreational permits for events” and “For the purpose of this subsection, “event” means any planned activity on department-managed lands conducted at an agreed upon time and place, such as events advertised to the general public or as a nonprofit club or group event, sponsored by any person.” 332-52-205 (3) States that such permit must be applied for “sixty days prior to the proposed event”.

This section should be clarified. As written any two people that plan to meet at an agreed time and place on DNR managed land would be defined as an “event” and as such would be required to obtain a recreational permit by application to the department at least two months prior to such proposed “event”.

This would significantly decrease law abiding public access to DNR managed lands and completely overwhelm the regional DNR management manpower with the administration of the permitting process.

NEW SECTION

WAC 332-52-405 Unauthorized construction of trails and structures. May a person construct, modify, repair or maintain a new or existing recreation trail, structure, or other facility or improvement or cause such activities to occur on DNR-managed lands? A person shall not construct, modify, repair or maintain a new or existing recreation trail, structure, or other facility or improvement, or cause such activities to occur on DNR-managed lands, without advance written authorization from the department.

Any violation of this section is a misdemeanor.

This one really scares me. This effectively stops the creation of new trail. It is also overly restrictive - I can't repair a trail without a "written plan" submitted to DNR? All that cool trail that gets cut in for enduros - no more...

This will lead to reduced and over-used trail. They will shut down more and more til all that is left are freeways that get over-ridden and then shut down.

jeff

You can still attend a meeting ... there are more this week!

I also sent a nother letter. I thought that the DNR worked for us. Since we pay there wages, as tax payers. Again, it looks like the few:thumbsdn: , are telling the many:thumbsup: , how to live! ?