PROPOSED RULES
COMMISSION
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-06-042.
Title of Rule: WAC 352-32-070 Use of horses, llamas, sled dogs or similar animals for recreation and 352-32-075 Use of nonmotorized cycles or similar devices.
Purpose: The agency intends to improve the process for designating trails as open or closed for equestrian or animal recreation, as well as for use by nonmotorized cycles. The agency proposes amendments to its rules to demonstrate a desire for greater public participation in the evaluation of user conflicts and to clarify the decision-making process used to designate trails as open or closed for these uses.
Statutory Authority for Adoption: Chapter 43.51 RCW.
Summary: WAC 352-32-070 Use of horses, llamas, sled dogs or similar animals for recreation, is proposed for amendment in order to clarify the director's role and the agency process for designating trails as open or closed for animal recreation.
WAC 352-32-075 Use of nonmotorized cycles or similar devices, is proposed for amendment in order to clarify the availability of public roads and trails for the use of nonmotorized cycles and to provide for public participation in a process for evaluating trail opening and closures for such use.
Reasons Supporting Proposal: The commission anticipates increased public use of its roads and trails for a variety of recreational uses and modes of travel. In the past, conflicts have occurred between user groups over access to trails. The amendments are needed to provide for greater consistency, clarity and public involvement in the evaluation of trail access and use.
Name of Agency Personnel Responsible for Drafting: Daniel Farber, State Parks, P.O. Box 42650, Olympia, WA 98504-2650, (360) 902-8652; Implementation: Kathy Smith, State Parks, P.O. Box 42650, Olympia, WA 98504-2650, (360) 902-8594; and Enforcement: Bill Gansberg, State Parks, P.O. Box 42650, Olympia, WA 98504-2650, (360) 902-8598.
Name of Proponent: Washington State Parks and Recreation Commission, Resources Development Division, Environmental Programs and Planning, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 352-32-070 Use of horses, llamas, sled dogs or similar animals for recreation, the existing rule prohibits horses and similar animals in state parks, except where specifically authorized. The rule, however, does not specify a process nor provide criteria for designating areas where animal recreation can be permitted. The amendments to this rule describe the criteria for designating animal recreation areas and provide for public input in the designation process.
WAC 352-32-057 Use of nonmotorized cycles or similar devices, the existing rule allows nonmotorized cycles and similar devices on state park trails, unless specifically prohibited. The amendments to this rule prohibit the use of nonmotorized cycles unless specifically designated and posted to permit such activity. The amended rule will require public involvement in the designation of a trail to be opened for use by nonmotorized cycles, and provide that no change in such uses will occur until the evaluation process is followed.
The changes to both rules will improve management of these two recreational activities by ensuring greater consistency in the management requirements between similar recreational activities, by providing better control over these forms of recreational activities, and by increasing the level of public involvement in making related management decisions.
Proposal Changes the Following Existing Rules: The proposed amendments modify; WAC 352-32-070 Use of horses, llamas, sled dogs or similar animals for recreation and 352-32-057 Use of nonmotorized cycles or similar devices, by adding to or changing the text to ensure greater consistency in the management requirements between similar recreational activities. The amendments will require the agency to include public involvement in making management decisions related to these specific forms of recreational activities.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This WAC amendment does not regulate or have economic impact through regulations on small businesses. There are no compliance costs to small business.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Significant legislative rule-making requirements are not imposed on the State Parks and Recreation Commission. The commission does not wish to voluntarily apply these requirements to this proposed rule-making action.
Hearing Location: Enzian Motor Inn, 590 Highway 2, Leavenworth, WA, on June 11, 1999, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Washington State Parks, Eastern Region Office, by June 1, 1999, TDD (509) 664-3162.
Submit Written Comments to: Washington State Parks, P.O. Box 42650, Attention: Randy Person, Olympia, WA 98504-2650, fax (360) 664-0278, by May 21, 1999.
Date of Intended Adoption: June 11, 1999.
May 3, 1999
Jim French
Senior Policy Analyst
OTS-3110.2
AMENDATORY SECTION(Amending WSR 96-01-078, filed 12/18/95, effective 1/18/96)
WAC 352-32-070
Use of horses, llamas, sled dogs or similar animals for recreation.
(1) No horses, llamas, sled dogs or similar animals used for recreation shall be permitted on trails
in any state park area, except where designated and posted to specifically ((permit,)) or
conditionally permit((,)) such activity. The director or designee may open or close trails to such
use. This decision shall include an evaluation of factors including, but not limited to, conflict
with other park users, public safety, and damage to park resources and/or facilities. This
evaluation shall include a reasonable effort to involve interested trail users of the park in
question, including, at a minimum, one public meeting advertised and conducted in the region
where the park is located. Trails designated open for such use may be temporarily closed by the
park manager due to emergency health, safety, or resource protection considerations.
(2) No horses, llamas, sled dogs or similar animals used for recreation shall be permitted off trails in any state park area, except where authorized by the commission and posted to specifically or conditionally permit such activity.
(3) Horses, llamas, sled dogs or similar animals used for recreation shall not be permitted in any designated swimming areas, campgrounds - except designated horse- or pack-oriented camping areas - or picnic areas, nor within a natural area preserve.
(((3))) (4) Horses, llamas, sled dogs or similar animals used for recreation shall not be
permitted within natural areas or natural forest areas, except that relocation of existing equestrian
or other similar trails into natural areas or natural forest areas may be permitted upon a finding
by the director that such relocation is for the purpose of reducing overall resource impacts to a
state park area.
(((4))) (5) No person shall ride any horse or other animal in such a manner that might
endanger life or limb of any person or animal, or damage park resources and/or facilities, and no
person shall allow a horse or other animal to stand unattended or insecurely tied. Persons using
horses or other animals for recreation shall obey regulatory signs, including those permanently or
temporarily erected, that govern the timing, location, speed, type and/or manner of use.
(((5))) (6) Except as provided in WAC 352-32-310, any violation of this section is an
infraction under chapter 7.84 RCW.
[Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. 96-01-078, § 352-32-070, filed 12/18/95, effective 1/18/96. Statutory Authority: RCW 43.51.040 and 43.51.180(7). 92-19-098, § 352-32-070, filed 9/17/92, effective 10/18/92; Order 9, § 352-32-070, filed 11/24/70.]
(1) Whenever used in this section, nonmotorized cycle or similar device shall mean any wheeled, operator-propelled equipment that transports the operator on land, including cycles, roller blades and skateboards, but not including wheelchairs or other devices utilized by persons with disabilities.
(2) Operation of nonmotorized cycles or similar devices shall be permitted upon public
roads ((and trails)) in state park areas((, except:
(a) Where posted with prohibitory signing by approval of the director or designee. Prior to such posting, a public meeting shall be advertised and conducted in the region where the park is located. A closure decision shall be based on)).
(3) No operation of nonmotorized cycles or similar devices shall be permitted on trails in any state park area, except where designated and posted to specifically or conditionally permit such activity, or as specified in (b) of this subsection.
(a) The director or designee may open or close trails to such use. This decision shall
include an evaluation of factors including, but not limited to, the degree of conflict with other
park users, public safety, ((or)) and damage to park resources and/or facilities related to these
devices. This evaluation shall include a reasonable effort to involve interested trail users of the
park in question, including, at a minimum, one public meeting advertised and conducted in the
region where the park is located.
(b) No existing trails open to use by nonmotorized cycles or similar devices prior to January 1, 1999, shall be closed to such use without an evaluation of use suitability following the criteria and process of (a) of this subsection; except for temporary closures by the park manager due to emergency health, safety, or resource protection considerations.
(4) No operation of nonmotorized cycles or similar devices shall be permitted off trails in any state park area, except where authorized by the commission and posted to specifically or conditionally permit such activity.
(5) Use of nonmotorized cycles or similar devices is prohibited in the following state park areas:
(a) Within designated natural areas, natural forest areas, or natural area preserves: Provided, That relocation of existing nonmotorized trails into natural areas or natural forest areas may be permitted upon a finding by the director that such relocation is for the purpose of reducing overall resource impacts to a state park area.
(((c))) (b) Upon designated special use trails such as interpretive or exercise trails.
(((d))) (c) Upon docks, piers, floats, and connecting ramps.
(((3))) (6) Persons operating such devices in state park areas shall:
(a) Obey regulatory signs, including those permanently or temporarily erected, that govern the timing, location, speed, type and/or manner of operation, designed to promote visitor health and safety.
(b) Restrict speed and manner of operation to reasonable and prudent practices relative to terrain, prevailing conditions, equipment, personal capabilities, personal safety, and the safety of all other park visitors.
(c) Yield the right of way to pedestrians and animals.
(d) Dismount and walk in congested areas and posted walk zones.
(e) Slow down, make presence known well in advance, and use courtesy and caution when approaching or overtaking other persons or animals.
(f) Display adequate lighting during hours of darkness.
(g) Use caution when approaching turns or areas of limited sight distance.
(h) Not disturb or harass wildlife.
(i) When on public roads within a state park area, operate in compliance with any additional requirements of RCW 46.61.750 through 46.61.850.
(((4))) (7) The director or designee may designate trails for preferential use by cyclists
and may specifically authorize use of any facilities for special cycling recreation events,
excluding roads or trails specified in subsection (((2))) (5) of this section.
(((5))) (8) Except as provided in WAC 352-32-310, any violation of this section is an
infraction under chapter 7.84 RCW.
[Statutory Authority: RCW 43.51.040. 98-04-065, § 352-32-075, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040(1), [43.51.]045, [43.51.]050, [43.51.]060(1), [43.51.]061 and [43.51.]395. 96-01-078, § 352-32-075, filed 12/18/95, effective 1/18/96. Statutory Authority: RCW 43.51.040 and 43.51.180(7). 92-19-098, § 352-32-075, filed 9/17/92, effective 10/18/92. Statutory Authority: RCW 43.51.040 and 43.51.060. 89-01-034 (Order 108), § 352-32-075, filed 12/13/88.]