Current through Register Vol. 24-18, September 15, 2024
The department will use this rule when it considers
exchanging tidelands or shorelands with private individuals or public
entities pursuant to
RCW 79.105.400. The
department may exchange these aquatic lands if the exchange is in the
public interest and will actively contribute to the public benefits
established in
RCW 79.105.030. Those
benefits are: Encouraging direct public use and access; fostering
water-dependent uses; ensuring environmental protection; utilizing
renewable resources; and generating revenue in a manner consistent
with these benefits. The department may not exchange state-owned
harbor areas or waterways.
(1)
Eligibility
criteria. The department may consider exchanging ownership of
tidelands or shorelands with private and other public landowners if
the proposed exchange meets the eligibility criteria set forth in (a)
and (b) of this subsection.
(a) The
economic values of the parcels must be equal or the exchange must
result in a net economic gain to the state. The economic value must
be determined by a qualified independent appraiser and/or economist
and accomplished through a methodology accepted by the
department.
(b) The
tidelands or shorelands to be conveyed into state ownership must abut
navigable water.
(2)
Evaluation
criteria. Subject to available funding, the department will
evaluate eligible proposed exchanges according to the following
criteria. The department will give priority and preference to
proposed exchanges which, in the department's judgment, are in the
public interest by providing the greatest public benefits, the least
negative impacts, and the most appropriate resolution of other
considerations, as set forth in (a), (b) and (c) of this subsection.
(a) The tidelands or shorelands to
be conveyed into state ownership must have one or more of the
following characteristics:
(i) Be
or abut a critical and/or an essential habitat identified by the
National Marine Fisheries Service, state natural resource management
agency(s), and/or the United States Department of Fish and
Wildlife;
(ii) Be or abut
a critical area identified by jurisdictions under
chapter 36.70A RCW;
(iii) Be an area beneficial to
sediment transport and/or nearshore habitat function identified by
the National Marine Fisheries Service, state natural resource
management agency(s), and/or the United States Department of Fish and
Wildlife;
(iv) Be
actively used or abut a parcel used in the commercial production of
food or fibre or other renewable resource production (for example,
commercial grade beds of shellfish and aquaculture
facilities);
(v) Abut a
state or national wildlife refuge;
(vi) Abut an upland parcel with
public upland ownership, easements, or some other formalized
agreement that would allow direct public use of and access to the
water;
(vii) Be actively
used or abut parcel(s) actively used for water-dependent uses or
allow for water dependent use;
(viii) Contain a historic or
archaeological property listed on or eligible to be listed on the
National Register of Historic Places; or
(ix) Generate or have the potential
to generate higher revenues than the parcel being transferred
out-of-state ownership in a manner consistent with the benefits
listed in
RCW
79.105.030.
(b) The proposed exchange must have
beneficial or no negative impacts on:
(i) Navigation;
(ii) The diversity and health of
the local environment including the production and utilization of
renewable resources;
(iii) The quantity and quality of
public access to the waterfront;
(iv) Treaty rights of federally
recognized tribes. The department will solicit comments on a proposed
exchange from affected tribes; and
(v) Hazardous waste and
contaminated sediments liability issues.
(c) The following issues must also
be considered:
(i) Consistency with
plans and development guidelines of public ports, counties, cities
and other local, state, and federal agencies;
(ii) The relative manageability of
the tidelands or shorelands to be exchanged including, but not
limited to, the effect of the exchange on management costs, liability
and upland access, and the relative proximity of the tidelands or
shorelands to be exchanged to other state-owned shorelands or
tidelands; and
(iii) The
cumulative impacts of similar exchanges on water dependent uses,
nonrenewable and renewable natural resources, and total aquatic lands
acreage managed by the department.
(3)
Recommendation to the
board of natural resources. The department will provide its
recommendations to the board of natural resources in writing,
addressing whether the exchange meets the criteria in this rule and
the positive and negative impacts of the exchange on public benefits
and resources. The department will provide copies of its
recommendations to the proponent of the exchange. In general, an
exchange should only be recommended by the department and approved by
the board of natural resources when, in the department's and the
board's judgment, the public benefits associated with the exchange
outweigh the negative impacts or other diminution in public
benefits.
Statutory Authority:
RCW 79.105.360.
06-06-005 (Order 724), § 332-30-170, filed 2/16/06, effective
3/19/06. Statutory Authority: RCW 79.90.457. 99-07-034 (Order 640),
§ 332-30-170, filed 3/11/99, effective
4/11/99.
