Original Notice.

Preproposal statement of inquiry was filed as WSR 99-19-175.

Title of Rule: Chapter 352-32 WAC, Public use of state park areas. The following sections are being amended: WAC 352-32-010 Definitions and 352-32-250 Standard fees charged.

Purpose: WAC 352-32-010 Definitions, to establish definitions of aquatic facilities and conference center facilities as services that may be provided in state parks.

WAC 352-32-250 Standard fees charged, provides a general list of the fees charged for camping and other activities in state parks and clarifies the authority for fees charged for current and future aquatic facilities and conference center facilities. Amends the intent statement of the section to clarify the commission's ability to suspend fees if revenues are not returned to the benefit of parks.

Statutory Authority for Adoption: Chapter 79A.05 RCW, RCW 79A.05.070.

Summary: Defines facilities and services available to the public in state parks. The commission clarifies the fees charged for the use of aquatic center facilities and conference center facilities.

Reasons Supporting Proposal: The commission collects fees for the use of facilities and services at state parks to meet the agency's budgetary responsibility.

Name of Agency Personnel Responsible for Drafting and Implementation: Bill Gansberg, Washington State Parks, P.O. Box 42650, Olympia, WA 98504-2560, (360) 902-8598; and Enforcement: Phil Shave, Washington State Parks, P.O. Box 42650, Olympia, WA 98504-2650, (360) 902-8606.

Name of Proponent: The Washington State Parks and Recreation Commission.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule defines aquatic facilities and conference center facilities as services that are provided in state parks. The commission is authorized to collect fees for services and use of state park facilities. It is anticipated that the state parks' standard fee schedule will be adaptable to the addition of facilities and services and be more efficient in generating revenue from the variety of services offered at state parks.

Proposal Changes the Following Existing Rules: Adds two new definitions to WAC 352-32-020, specifically "Aquatic facility" and "Conference center."

Adds two new subsections to WAC 352-32-250, specifically "Aquatic facilities" and "Conference center facilities," to clarify the nature of the fees charged for such facilities and services.

Amends WAC 352-32-250 introduction to clarify the commission's intention to have revenues generated by fees returned to the benefit of the parks, and clarifies their ability to suspend any or all fees.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These amendments do not regulate or have economic impact through regulations on small businesses. There are no compliance costs imposed by these amendments on small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. In accordance with RCW 35.05.328 [34.05.328] (5)(a)(i), the significant legislative rule-making requirements are not imposed on the state Parks and Recreation Commission, and as applicable under the provisions of RCW 35.05.328 [34.05.328] (5)(a)(ii), these requirements are not voluntarily made applicable and have not been made applicable by the Joint Administrative Rules Review Committee.

Hearing Location: Puget Sound Region Headquarters, 2840 Riverwalk Drive S.E., Auburn, WA 98002, phone (253) 931-3907, on December 21, 1999, at 1:00 p.m. Contact Renee Pacana at (360) 902-8505 for details. PLEASE NOTE: This meeting site may be subject to change. For an up-to-the-minute site location, contact Renee Pacana at (360) 902-8505.

Assistance for Persons with Disabilities: Contact John Johns by December 10, 1999, TDD (206) 931-6345.

Submit Written Comments to: Bill Gansberg, Washington State Parks, P.O. Box 42650, Olympia, WA 98504-2650, e-mail billg@parks.wa.gov, fax (360) 586-5875, by December 9, 1999.

Date of Intended Adoption: December 21, 1999.

November 17, 1999

Jim French

Senior Policy Advisor

OTS-3602.1

AMENDATORY SECTION(Amending WSR 98-23-063, filed 11/16/98, effective 1/1/99)

WAC 352-32-010
Definitions.

Whenever used in this chapter the following terms shall be defined as herein indicated:

"Aquatic facility" shall mean any structure or area within a state park designated by the director or designee for aquatic activities, including, but not limited to, swimming pools, wading pools, swimming beaches, floats, docks, ramps, piers or underwater parks.

"Bivouac" shall mean to camp overnight on a vertical rock climbing route on a ledge or in a hammock sling.

"Camping" shall mean erecting a tent or shelter or arranging bedding, or both, or parking a recreation vehicle or other vehicle for the purpose of remaining overnight.

"Camping party" shall mean an individual or a group of people (two or more persons) that is organized, equipped and capable of sustaining its own camping activity.  A "camping party" is a "camping unit" for purposes of RCW 43.51.055.

"Commercial recreation use" is a recreational activity in a state park that is packaged and sold as a service by an organization or individual, other than state parks or a state park concessionaire.

"Commercial recreation provider" is any individual or organization that packages and sells a service that meets the definition of a commercial recreation use.

"Commission" shall mean the Washington state parks and recreation commission.

"Conference center" shall mean a state park facility designated as such by the director or designee that provides specialized services, day-use and overnight accommodations available by reservation for organized group activities.

"Day area parking space" shall mean any designated parking space within any state park area designated for daytime vehicle parking.

"Director" shall mean the director of the Washington state parks and recreation commission.

"Emergency area" is an area in the park separate from the designated overnight camping area, which the park manager decides may be used for camping when no alternative camping facilities are available within reasonable driving distances.

"Environmental interpretation" shall mean the provision of services, materials, publications and/or facilities, including environmental learning centers (ELC), for other than basic access to parks and individual camping, picnicking, and boating in parks, that enhance public understanding, appreciation and enjoyment of the state's natural and cultural heritage through agency directed or self-learning activities.

"Environmental learning centers (ELC)" shall mean those specialized facilities, designated by the director, designed to promote outdoor recreation experiences and environmental education in a range of state park settings.

"Group camping areas" are designated areas usually primitive with minimal utilities and site amenities and are for the use of organized groups.  Facilities and extent of development vary from park to park.

"Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a farm tractor and a moped.

"Multiple campsite" shall mean a designated and posted camping facility encompassing two or more individual standard, utility or primitive campsites.

"Overflow area" shall mean an area in a park separate from designated overnight and emergency camping areas, designated by the park manager, for camping to accommodate peak camping demands in the geographic region.

"Overnight accommodations" shall mean any facility or site designated for overnight occupancy within a state park area.

"Paraglider" shall mean an unpowered ultralight vehicle capable of flight, consisting of a fabric, rectangular or elliptical canopy or wing connected to the pilot by suspension lines and straps, made entirely of nonrigid materials except for the pilot's harness and fasteners.  The term "paraglider" shall not include hang gliders or parachutes.

"Person" shall mean all natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.

"Popular destination park" shall mean any state park designated by the director as a popular destination park because, it is typically occupied to capacity on Friday or Saturday night during the high use season.

"Primitive campsite" shall mean a campsite not provided with flush comfort station nearby and which may not have any of the amenities of a standard campsite.

"Public assembly" shall mean a meeting, rally, gathering, demonstration, vigil, picketing, speechmaking, march, parade, religious service, or other congregation of persons for the purpose of public expression of views of a political or religious nature for which there is a reasonable expectation that more than one hundred persons will attend based on information provided by the applicant.  Public assemblies must be open to all members of the public, and are generally the subject of attendance solicitations circulated prior to the event, such as media advertising, flyers, brochures, word-of-mouth notification, or other form of prior encouragement to attend.

Alternatively, the agency director may declare an event to be a public assembly in the following cases: Where evidentiary circumstances and supporting material suggest that more than one hundred persons will attend, even where the applicant does not indicate such an expectation; or where there is reason to expect a need for special preparations by the agency or the applicant, due to the nature or location of the event.

"Ranger" shall mean a duly appointed Washington state parks ranger who is vested with police powers under RCW 43.51.170, and shall include the park manager in charge of any state park area.

"Recreation vehicle" shall mean a vehicle/trailer unit, van, pickup truck with camper, motor home, converted bus, or any similar type vehicle which contains sleeping and/or housekeeping accommodations.

"Remote controlled aircraft" shall mean nonpeopled model aircraft that are flown by using internal combustion, electric motors, elastic tubing, or gravity/wind for propulsion. The flight is controlled by a person on the ground using a hand held radio control transmitter. A typical radio controlled model aircraft weighs from five to ten pounds and has a wingspan of five to six feet, with the maximum size being approximately fifty pounds and a wingspan of ten feet.

"Residence" shall mean the long-term habitation of facilities at a given state park for purposes whose primary character is not recreational.  "Residence" is characterized by one or both of the following patterns:

Camping at a given park for more than thirty days within a forty-day time period April 1 through September 30; or forty days within a sixty-day time period October 1 through March 31.  As provided in WAC 352-32-030(7), continuous occupancy of facilities by the same camping party shall be limited to ten consecutive nights April 1 through September 30.  Provided that at the discretion of the park ranger the maximum stay may be extended to fourteen consecutive nights if the campground is not fully occupied.  Campers may stay twenty consecutive nights October 1 through March 31 in one park, after which the camping unit must vacate the overnight park facilities for three consecutive nights.  The time period shall begin on the date for which the first night's fee is paid.

The designation of the park facility as a permanent or temporary address on official documents or applications submitted to public or private agencies or institutions.

"Sno-park" shall mean any designated winter recreational parking area.

"Special groomed trail area" shall mean those sno-park areas designated by the director as requiring a special groomed trail permit.

"Special recreation event" shall mean a group recreation activity in a state park sponsored or organized by an individual or organization that requires reserving park areas, planning, facilities, staffing, or other services beyond the level normally provided at the state park to ensure public welfare and safety and facility and/or environmental protection.

"Standard campsite" shall mean a designated camping site which is served by nearby domestic water, sink waste, garbage disposal, and flush comfort station.  

"State park area" shall mean any area under the ownership, management, or control of the commission, including trust lands which have been withdrawn from sale or lease by order of the commissioner of public lands and the management of which has been transferred to the commission, and specifically including all those areas defined in WAC 352-16-020.  State park areas do not include the seashore conservation area as defined in RCW 43.51.655 and as regulated under chapter 352-37 WAC.

"Trailer dump station" shall mean any state park sewage disposal facility designated for the disposal of sewage waste from any recreation vehicle, other than as may be provided in a utility campsite.

"Upland" shall mean all lands lying above mean high water.

"Utility campsite" shall mean a standard campsite with the addition of electricity and which may have domestic water and/or sewer.

"Watercraft launch site" shall mean any facility located in a state park area designated for the purpose of placing or retrieving any vehicle-borne or trailer-borne watercraft into or out of the water.

"Water trail advisory committee" shall mean the twelve-member committee constituted by RCW 43.51.456.

"Water trail camping sites" shall mean those specially designated group camp areas identified with signs, that are near water ways, and that have varying facilities and extent of development.

[Statutory Authority: RCW 43.51.040(2).  98-23-063, § 352-32-010, filed 11/16/98, effective 1/1/99.  Statutory Authority: RCW 43.51.040.  98-04-065, § 352-32-010, filed 2/2/98, effective 3/5/98.  Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300.  97-21-133, § 352-32-010, filed 10/21/97, effective 1/1/98.  Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040.  96-22-018, § 352-32-010, filed 10/29/96, effective 1/1/97.  Statutory Authority: RCW 43.51.180.  96-02-015, § 352-32-010, filed 12/21/95, effective 1/21/96.  Statutory Authority: RCW 43.51.040 and [43.51.]060.  95-22-067, § 352-32-010, filed 10/30/95, effective 1/1/96.  Statutory Authority: RCW 43.51.060 and 43.51.395.  95-07-061, § 352-32-010, filed 3/13/95, effective 4/13/95.  Statutory Authority: RCW 43.51.040.  94-23-024, § 352-32-010, filed 11/7/94, effective 1/1/95.  Statutory Authority: RCW 43.51.060.  94-08-036, § 352-32-010, filed 3/31/94, effective 5/1/94.  Statutory Authority: RCW 43.51.040.  94-01-087, § 352-32-010, filed 12/13/93, effective 1/13/94; 93-08-025, § 352-32-010, filed 3/30/93, effective 5/1/93; 93-06-001, § 352-32-010, filed 2/17/93, effective 3/20/93; 91-09-001, § 352-32-010, filed 4/4/91, effective 5/15/91.  Statutory Authority: RCW 43.51.040 and 43.51.060.  89-07-020 (Order 89-01), § 352-32-010, filed 3/7/89.  Statutory Authority: RCW 46.10.040, 43.51.040 and 43.51.060.  87-24-032 (Order 102), § 352-32-010, filed 11/24/87.  Statutory Authority: RCW 43.51.040 and 43.51.060.  87-08-008 (Order 100), § 352-32-010, filed 3/23/87, effective 5/15/87; 86-06-020 (Order 91), § 352-32-010, filed 2/25/86; 81-09-034 (Order 50), § 352-32-010, filed 4/14/81.  Statutory Authority: RCW 43.51.040.  80-14-009 (Order 48), § 352-32-010, filed 9/22/80.  Statutory Authority: RCW 43.51.040 and 43.51.060.  80-05-007 (Order 45), § 352-32-010, filed 4/4/80; Order 9, § 352-32-010, filed 11/24/70.]

Fees shall be charged in parks operated by the commission for use of lands, facilities, programs, services, and materials as published by state parks: Provided, however, That the commission may suspend any or all of these fees if revenues generated by the fees are not returned to the benefit of the parks: Provided further, That the director or designee has the authority to discount fees to a maximum of 50% below the published fee amounts in order to take advantage of marketing opportunities to encourage use and increase revenues.  Any such discounts shall be effective for a limited period of time less than one year in duration.  The director may consider the following factors in temporarily establishing or discounting fees:

Prevailing rates for comparable facilities;

Day of the week;

Season of the year;

Amenities of the park area and site;

Demand for facilities; and

Such other considerations as the director deems appropriate.  The director may also waive fees for marketing or promotional purposes or to redress visitor complaints, provided, however, that annual fees may not be waived.  The director may also establish temporary fees for a maximum of one year for new facilities or services.

(1) The director may authorize reciprocity with other state or federal agencies for the use of annual permits of like services, provided, that Washington licensed vehicles and/or residents shall be required to have and/or display the appropriate Washington permit;

(2) Overnight camping - standard campsite; utility campsite; emergency campsite; overflow campsite; primitive campsite for nonmotorized vehicle; primitive campsite for motorized vehicle - fees will be charged as published by state parks.  Payment for utility campsite will be collected whether utility hookups are actually used or not, except when otherwise specified by a ranger;

(3) Overnight camping - multiple campsites: Where campsites are designated and posted as a "multiple campsite," an individual may rent the multiple campsite by paying the multiple campsite fee.  The multiple campsite fee will be calculated by multiplying the standard utility or primitive campsite fee, as applicable, by the number of individual campsites to be used in the designated multiple campsite;

(4) Group camping area - certain parks: Individual camping units using these facilities must pay campsite fees as published by state parks;

(5) Conference center facilities - fees will be charged for use of facilities and services as set forth in the fee schedule published by state parks and will include, but not be limited to: Overnight accommodations in individual recreational housing units or dormitory units; use of meeting rooms, performance venues and rally areas; linen and janitorial services; group food services; and use of equipment, supplies, and staff time necessary to support group activities. Certain deposits, reservation and cancellation fees also apply as set forth in the fee schedule published by state parks and may not be refundable.

(6) Environmental interpretation:

(a) Service fees will be established by the director in order to recover, to the maximum extent practicable, all direct and indirect costs of environmental interpretation services on a program-wide basis based on anticipated attendance.

(b) Material and publication fees will be established by the director.  All material and publication fees will be deposited in the parks improvement account to be used for purposes specified in RCW 43.51.052.

(c) Facility use, including environmental learning center fees, will be established by the commission.  A facility use fee schedule is available by contacting Washington State Parks and Recreation Commission, 7150 Cleanwater Lane, P.O. Box 42650, Olympia, WA 98504-2650;

(((6))) (7) Adirondacks - not to include those located in ELC areas: Occupancy shall be limited to the number of built-in bunks provided;

(((7))) (8) Extra vehicle overnight parking fee will be charged for each additional unhitched vehicle in excess of the one recreational vehicle allowed at each campsite: Provided, An extra vehicle overnight parking fee shall not be imposed when the recreational vehicle and the towed vehicle arrive at the park hitched together, and after the camper has registered for and occupied the assigned campsite either the recreational vehicle or the towed vehicle remain parked at the campsite for the duration of the camper's stay;

(((8))) (9) Unattended vehicle overnight parking permit: Unoccupied vehicles parked overnight in designated areas must register and pay the nightly permit fee.  The permit must be prominently displayed in the vehicle;

(((9))) (10) Watercraft launch site permit fee - charged according to facilities provided.   Watercraft launch permit shall not be required for:

(a) Vehicles, other than those registered as extra overnight parking vehicles, registered for camping or overnight mooring in the park containing the watercraft launch site;

(b) Vehicles of persons using any recreational housing or conference facilities at Fort Worden State Park;

(c) Vehicles of persons holding limited-income senior citizen, disability or disabled veteran passes;

(d) Vehicles displaying a valid annual watercraft launch site permit;

(((10))) (11) Annual watercraft launch site permit valid January 1 - December 31 at any launch site designated by the commission.  Permit must be displayed as instructed on permit backing;

(((11))) (12) Trailer dump station fee - fee shall not be required for:

(a) Registered camping vehicles in the park containing the dump station;

(b) Vehicles of persons holding limited-income senior citizen, disability or disabled veterans passes;

(((12))) (13) Popular destination park - a surcharge will apply for use of standard or utility campsite located in a popular destination park during such periods as the director may specify;

(((13))) (14) Water trail site permits -

(a) Unlimited use within the calendar year, annual fee to be set by the director after consultation with the water trail advisory committee, based on a cumulative charge of $1.00 per site available for public use at the start of the calendar year;

(b) One day/night use within the calendar year, annual fee to be set by the director after consultation with the water trail advisory committee, based on a cumulative charge of $.35 per site available for public use at the start of the calendar year;

(c) For children under 13 years of age the permits shall be issued at no cost;

(d) Water trail permits issued to persons by another state or Canadian province will be honored provided that a similar reciprocal provision for Washington water trail permit holders is issued by that state or province;

(e) Water trail permits will be issued to holders of Washington state parks passes (WAC 352-32-251) for the applicable discounts;

(((14))) (15) A surcharge per collection shall be assessed for any staff collected fee at a self-registration overnight facility;

(((15))) (16) Group day use facilities - a minimum daily permit fee will be charged for groups of 20 or more;

(((16))) (17) Reservation transaction - fee will be charged as published by state parks;

(((17))) (18) Moorage facilities - fee will be charged as published by state parks;

(((18))) (19) Hot showers, electric stoves - fees will be charged as published by state parks.  Fees published by state parks do not apply in those circumstances set forth in WAC 352-32-280 and 352-32-285 as now or hereafter amended;

(((19))) (20) Commercial recreation provider permit registration - a fee shall be charged, as published by state parks for registration as a commercial recreation provider;

(((20))) (21) Commercial recreation provider permit - effective January 1, 1998, a fee shall be charged, as published by state parks for obtaining a permit to engage in commercial recreational use of state parks, as defined in WAC 352-32-010.

(((21))) (22) Sno-park permit - seasonal and daily permit fees will be charged as published by state parks.

(((22))) (23) Special groomed trail permit - a state-wide special groomed trail permit will be required for use of special groomed trail areas.  The fee charged will be as published by state parks.

(((23))) (24) Wood debris collection permit - fee will be charged for collection and removal of wood debris from a state park area pursuant to RCW 4.24.210.  The fee may be waived for volunteers assisting with emergency salvage and storm clean-up in the parks.

(((24))) (25) Merchandise - prices for merchandise including but not limited to interpretive, recreational and historic materials, literature, food, beverage, grocery and other items at agency operated sales points will be based on market rates and practices.

(((25))) (26) Back country camping permit - fee will be charged as published by state parks for selected state park areas as designated by the director.

(((26))) (27) Group use registration - fee will be charged for groups of a size to be specified in the fee schedule on a park by park basis who have not otherwise reserved group facilities.

(((27))) (28) Special event - fees will be charged based on the cost of providing events and market rates for comparable activities at other locations.

(29) Aquatic facilities - fees will be charged as published by state parks.

[Statutory Authority: RCW 43.51.040(2).  98-23-063, § 352-32-250, filed 11/16/98, effective 1/1/99.  Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300.  97-21-133, § 352-32-250, filed 10/21/97, effective 1/1/98.  Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040.  96-22-018, § 352-32-250, filed 10/29/96, effective 1/1/97.  Statutory Authority: RCW 43.51.040 and [43.51.]060.  95-22-067, § 352-32-250, filed 10/30/95, effective 1/1/96.  Statutory Authority: RCW 43.51.060 and 43.51.395.  95-07-061, § 352-32-250, filed 3/13/95, effective 4/13/95.  Statutory Authority: RCW 43.51.040.  94-23-024, § 352-32-250, filed 11/7/94, effective 1/1/95.  Statutory Authority: RCW 43.51.060.  94-13-080, § 352-32-250, filed 6/13/94, effective 7/14/94; 94-08-036, § 352-32-250, filed 3/31/94, effective 5/1/94.  Statutory Authority: RCW 43.51.040.  93-19-113, § 352-32-250, filed 9/20/93, effective 10/21/93; 93-08-025, § 352-32-250, filed 3/30/93, effective 5/1/93.  Statutory Authority: Chapter 43.51 RCW.  92-10-018, § 352-32-250, filed 4/29/92, effective 5/30/92.  Statutory Authority: RCW 43.51.040.  91-09-001, § 352-32-250, filed 4/4/91, effective 5/15/91; 90-07-062, § 352-32-250, filed 3/20/90, effective 4/20/90.  Statutory Authority: RCW 43.51.040 and 43.51.060.  89-07-020 (Order 89-01), § 352-32-250, filed 3/7/89; 88-07-074 (Order 103), § 352-32-250, filed 3/18/88, effective 5/15/88; 87-08-008 (Order 100), § 352-32-250, filed 3/23/87, effective 5/15/87; Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060.  85-08-003 (Order 88), § 352-32-250, filed 3/22/85, effective 5/15/85.  Statutory Authority: RCW 43.51.040 and 43.51.060.  84-09-045 (Order 77), § 352-32-250, filed 4/16/84.  Statutory Authority: RCW 43.51.055 and 43.51.060.  83-23-094 (Order 71), § 352-32-250, filed 11/22/83.  Statutory Authority: RCW 43.51.040 and 43.51.060.  83-09-031 (Resolution No. 67), § 352-32-250, filed 4/15/83; 82-15-059 (Order 62), § 352-32-250, filed 7/20/82; 82-09-035 (Order 60), § 352-32-250, filed 4/14/82; 81-09-034 (Order 50), § 352-32-250, filed 4/14/81; 80-05-007 (Order 45), § 352-32-250, filed 4/4/80.  Statutory Authority: RCW 43.51.040(2) and 43.51.060(6).  79-09-077 (Order 42), § 352-32-250, filed 8/30/79, effective 10/1/79; 79-02-032 (Order 41), § 352-32-250, filed 1/23/79, effective 5/1/79; 78-05-082 (Order 39), § 352-32-250, filed 5/1/78; Order 36, § 352-32-050 (codified as WAC 352-32-250), filed 10/11/77; Order 27, § 352-32-250, filed 11/19/76.]

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