§ 79A.55.020. Management policies -- Development -- Inclusion of management plans -- Identification and exclusion of unsuitably developed lands -- Boundaries of river areas -- Hearings -- Notice -- Meetings -- Chair -- Studies -- Proposals for system additions (as amended by 1999 c 249)
(1) The department shall develop and adopt management policies for publicly owned or leased land on the rivers designated by the legislature as being a part of the state's scenic river system and within the associated river areas. The department may adopt regulations identifying river classifications which reflect the characteristics common to various segments of scenic rivers and may adopt management policies consistent with local government's shoreline management master plans appropriate for each such river classification. All such policies shall be ((subject to review by the committee of participating agencies. Once such a policy has been approved by a majority vote of the committee members, it shall be)) adopted by the department in accordance with the provisions of chapter 34.05 RCW, as now or hereafter amended. Any variance with such a policy by any public agency shall be authorized only by the approval of the ((committee of participating agencies by majority vote,)) department and shall be made only to alleviate unusual hardships unique to a given segment of the system.
(2) Any policies developed pursuant to subsection (1) of this section shall include management plans for protecting ecological, economic, recreational, aesthetic, botanical, scenic, geological, hydrological, fish and wildlife, historical, cultural, archaeological, and scientific features of the rivers designated as being in the system. Such policies shall also include management plans to encourage any nonprofit group, organization, association, person, or corporation to develop and adopt programs for the purpose of increasing fish propagation.
(3) The ((committee of participating agencies shall, by two-thirds majority vote,)) department shall identify on a river by river basis any publicly owned or leased lands which could be included in a river area of the system but which are developed in a manner unsuitable for land to be managed as part of the system. The department shall exclude lands so identified from the provisions of any management policies implementing the provisions of this chapter.
(4) The ((committee of participating agencies, by majority vote,)) department shall determine the boundaries which shall define the river area associated with any included river. With respect to the rivers named in *RCW 79.72.080, the ((committee)) department shall make such determination, and those determinations authorized by subsection (3) of this section, within one year of September 21, 1977.
(5) Before making a decision regarding the river area to be included in the system, a variance in policy, or the excluding of land from the provisions of the management policies, the ((committee)) department shall hold hearings in accord with chapter 34.05 RCW, with at least one public hearing to be held in the general locale of the river under consideration. The department shall cause to be published in a newspaper of general circulation in the area which includes the river or rivers to be considered, a description, including a map showing such river or rivers, of the material to be considered at the public hearing. Such notice shall appear at least twice in the time period between two and four weeks prior to the public hearing.
(((6) Meetings of the committee shall be called by the department or by written petition signed by five or more of the committee members. The chairman of the parks and recreation commission or the chairman's designee shall serve as the chairman of any meetings of the committee held to implement the provisions of this chapter.))
The ((committee)) department shall seek and receive comments from the public regarding potential additions to the system, shall initiate studies, and may((, through the department,)) submit to any session of the legislature proposals for additions to the state scenic river system. These proposals shall be accompanied by a detailed report on the factors which, in the ((committee's)) department's judgment, make an area a worthy addition to the system.
[1999 c 151 § 1702; 1977 ex.s. c 161 § 3. Formerly RCW 79.72.030.]
Notes:
*Reviser's note: RCW 79.72.080 was recodified as RCW 79A.55.070 pursuant to 1999 c 249 § 1601.
Part headings not law -- Effective date -- 1999 c 151: See notes following RCW 18.28.010.
RCW 79A.55.020
(1) The ((department)) commission shall develop and adopt management policies for publicly owned or leased land on the rivers designated by the legislature as being a part of the state's scenic river system and within the associated river areas. The ((department)) commission may adopt ((regulations)) rules identifying river classifications which reflect the characteristics common to various segments of scenic rivers and may adopt management policies consistent with local government's shoreline management master plans appropriate for each such river classification. All such policies shall be subject to review by the committee of participating agencies. Once such a policy has been approved by a majority vote of the committee members, it shall be adopted by the ((department)) commission in accordance with the provisions of chapter 34.05 RCW, as now or hereafter amended. Any variance with such a policy by any public agency shall be authorized only by the approval of the committee of participating agencies by majority vote, and shall be made only to alleviate unusual hardships unique to a given segment of the system.
(2) Any policies developed pursuant to subsection (1) of this section shall include management plans for protecting ecological, economic, recreational, aesthetic, botanical, scenic, geological, hydrological, fish and wildlife, historical, cultural, archaeological, and scientific features of the rivers designated as being in the system. Such policies shall also include management plans to encourage any nonprofit group, organization, association, person, or corporation to develop and adopt programs for the purpose of increasing fish propagation.
(3) The committee of participating agencies shall, by two-thirds majority vote, identify on a river by river basis any publicly owned or leased lands which could be included in a river area of the system but which are developed in a manner unsuitable for land to be managed as part of the system. The ((department)) commission shall exclude lands so identified from the provisions of any management policies implementing the provisions of this chapter.
(4) The committee of participating agencies, by majority vote, shall determine the boundaries which shall define the river area associated with any included river. With respect to the rivers named in RCW 79A.55.070, the committee shall make such determination, and those determinations authorized by subsection (3) of this section, within one year of September 21, 1977.
(5) Before making a decision regarding the river area to be included in the system, a variance in policy, or the excluding of land from the provisions of the management policies, the committee shall hold hearings in accord with chapter 34.05 RCW, with at least one public hearing to be held in the general locale of the river under consideration. The ((department)) commission shall cause to be published in a newspaper of general circulation in the area which includes the river or rivers to be considered, a description, including a map showing such river or rivers, of the material to be considered at the public hearing. Such notice shall appear at least twice in the time period between two and four weeks prior to the public hearing.
(6) Meetings of the committee shall be called by the ((department)) commission or by written petition signed by five or more of the committee members. The ((chairman)) chair of the ((parks and recreation)) commission or the ((chairman's)) chair's designee shall serve as the ((chairman)) chair of any meetings of the committee held to implement the provisions of this chapter.
The committee shall seek and receive comments from the public regarding potential additions to the system, shall initiate studies, and may, through the ((department)) commission, submit to any session of the legislature proposals for additions to the state scenic river system. These proposals shall be accompanied by a detailed report on the factors which, in the committee's judgment, make an area a worthy addition to the system.
[1999 c 249 § 802; 1977 ex.s. c 161 § 3. Formerly RCW 79.72.030.]
Notes:
Reviser's note: RCW 79A.55.020 was amended twice during the 1999 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Severability -- 1999 c 249: See note following RCW 79A.05.010.
Sections: Previous 79A.55.005 79A.55.010 79A.55.020 79A.55.020 79A.55.030 79A.55.040 79A.55.050 79A.55.060 79A.55.070 79A.55.080 79A.55.090 79A.55.900 Next
Last modified: April 7, 2009