(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
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)) 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.