WAC 222-23-010
Policy and definitions. (1) Policy. The
legislature determined that it is in the public interest to
acquire (by purchase or donation) an interest in lands within
unconfined avulsing channel migration zones that are offered
for acquisition by the landowner, and therefore established a
riparian open space program in RCW 76.09.040 to be
administered by the department. The purpose of the
acquisition is to provide for ecological protection and
fisheries enhancement. The department may acquire either the
fee interest in or a permanent conservation easement over such
lands. This chapter implements the riparian open space
program.
(2) Definitions. As used in this chapter, the following
terms shall have the following meanings:
(a) "Qualifying CMZ land(s)." See WAC 222-23-020(1).
(b) An "unconfined avulsing channel migration zone" means
the area within which the active channel of an unconfined
avulsing stream is prone to move and where the movement would
result in a potential near-term loss of riparian forest
adjacent to the stream. Sizeable islands with productive
timber may exist within the zone and are considered a part of
the channel migration zone. The unconfined avulsing channel
migration zone does not include areas that are permanently
restricted from channel movement by a dike or levee.
(c) An "unconfined avulsing stream" is defined in WAC 222-16-010.
[Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040,[76.09.]050
, [76.09.]370, 76.13.120(9). 01-12-042, §
222-23-010, filed 5/30/01, effective 7/1/01.]