Current through Register Vol. 24-18, September 15, 2024
By mutual, formal, written agreement the department
may authorize a port district to manage some or all of those aquatic
lands within the port district meeting the criteria stated in
subsection (2) of this section. The port district shall adhere to the
aquatic land management laws and policies of the state as specified
in chapters 79.105 through 79.140 RCW. Port district management of
state aquatic lands shall be consistent with all department
regulations contained in chapter 332-30 WAC. These requirements shall
govern the port's management of state aquatic lands. The
administrative procedures used to carry out these responsibilities
shall be those provided for port districts under
Title 53
RCW.
(1) Interpretations.
Phrases used in legislation (RCW
79.105.420) providing for
management agreements with ports shall have the following
interpretation:
(a) "Administrative
procedures" means conducting business by the port district and its
port commission.
(b)
"Aquatic lands abutting or used in conjunction with and contiguous
to" means state-owned aquatic lands which share a common or
coincident boundary with an upland parcel or in the event the state
aquatic land does not attach to an upland parcel (i.e., bedlands,
harbor areas, etc.), this term shall include the aquatic land
adjacent to and waterward of the port owned or controlled aquatic
parcel which has a common or coincident boundary to the upland
parcel.
(c) "Diligently
pursued" means such steady and earnest effort by the port district
and the department which results in the resolution of any
deficiencies preventing the issuance of a management agreement to the
port.
(d) "Leasehold
interest" means the benefits and obligations of both the lessor and
lessee resulting from a lease agreement.
(e) "Model management agreement"
means a document approved by the board of natural resources to be
used for all individual management agreements with port
districts.
(f) "Operating
management" means the planning, organizing, staffing, coordinating,
and controlling for all activities occurring on a property.
(g) "Otherwise managed" means
having operating management for a property.
(h) "Revenue attributable" means
all rentals, fees, royalties, and/or other payments generated from
the use of a parcel; or the most likely amount of money due for the
use of a parcel as determined by procedures in chapter 332-30 WAC,
whichever is greater.
(2) Criteria for inclusion.
State-owned parcels of aquatic lands, including those under lease or
which may come under lease to a port, abutting port district uplands
may be included in a management agreement if criteria set forth in
RCW 79.105.420 are met
and if there is documentation of ownership, a lease in good standing,
or agreement for operating management, in the name of the port
district for the upland parcel.
(3) A model management agreement
and any amendments thereto shall be developed by the department and
representatives of the port industry. The board of natural resources
shall review and approve the model management agreement and any
subsequent amendments.
(4) Processing requests. The
following application requirements, review procedures, and time frame
for responses involved in the issuance of a management agreement to a
port district shall apply.
(a)
Application requirements. The following items must be submitted to
the department by the port district in order for its request to be an
application for a management agreement:
(i) A copy of a resolution of the
port commission that directs the port district to seek a management
agreement;
(ii) An
exhibit showing the location of and a description adequate to allow
survey for each parcel of state-owned aquatic land to be included in
the agreement, plus sufficient information on abutting port parcels
to satisfy the requirements of subsection (2) of this
section;
(iii) The name,
address, and phone number of the person or persons that should be
contacted if the department has any questions about the
application.
(b) Time frames for responses:
(i) Within thirty days of receipt
of an application, the department shall notify the port district if
its application is complete or incomplete;
(ii) Within thirty days of receipt
of notification by the department of any incompleteness in their
application, the port district shall submit the necessary
information;
(iii) Within
ninety days of receipt of notification by the department that the
application is complete, the port district and department shall take
all steps necessary to enter into an agreement.
Statutory Authority:
RCW 79.105.360.
06-06-005 (Order 724), § 332-30-114, filed 2/16/06, effective
3/19/06. Statutory Authority: 1984 c 221 and RCW 79.90.540. 84-23-014
(Resolution No. 470), § 332-30-114, filed
11/9/84.
