Washington Administrative Code Title 352 - Parks and Recreation Commission
Washington Administrative Code Title 352 — Parks and Recreation Commission
Overview
WAC Title 352 governs the Washington State Parks and Recreation Commission (the Commission), which is responsible for managing the state's parks, recreation areas, and historical sites. The Commission oversees the development, operation, and preservation of these areas for public use, enjoyment, and conservation.
Authority and Purpose
The Commission operates under the authority granted by RCW 79A, which establishes the state parks system and sets forth the Commission's powers.
The goal is to preserve natural, historical, and cultural resources while providing recreational opportunities.
The Commission develops rules to manage parks, regulate visitor behavior, establish fees, and protect park resources.
Key Provisions of WAC Title 352
Park Management and Operation:
The Commission establishes standards for park maintenance, development, and resource protection.
Rules cover campground operations, boating regulations, trail use, and public events.
They also govern activities such as hunting, fishing, and wildlife management within parks.
Public Conduct and Safety:
WAC 352 includes rules on visitor conduct to ensure safety and preserve park environments.
Prohibited activities may include littering, damaging property, excessive noise, and unauthorized commercial activities.
Enforcement provisions allow park rangers or law enforcement to issue warnings, citations, or remove violators.
Fee Structures and Permits:
The Commission sets fees for park entry, camping, boat launches, special permits, and commercial use.
Permits are required for certain activities like filming, large group events, and commercial guiding.
Fee revenue supports park operations and improvements.
Resource and Habitat Protection:
The Commission enforces regulations to protect endangered species, historical artifacts, and sensitive habitats.
Restoration projects and interpretive programs are guided by these rules.
Public Participation and Rulemaking:
The Commission follows administrative procedures for adopting or amending rules, including public notice and comment periods.
Transparency and public input are key to decision-making processes.
Relevant Statutes Underlying WAC Title 352
RCW 79A.05 - State Parks and Recreation Commission; powers and duties
RCW 79A.15 - Recreation and Conservation Funding Board (related to funding)
These statutes give the Commission rulemaking authority and define its mission.
Case Law Involving WAC Title 352 and Parks Management
There are some notable Washington state cases that clarify the legal principles related to administrative rulemaking, enforcement, and public land management under frameworks like WAC Title 352.
1. Lynch v. Washington State Parks and Recreation Commission, 158 Wn.2d 693 (2006)
Issue: The case addressed whether the Commission had the authority to regulate activities on park lands, including issuing citations for violations of park rules.
Holding: The Washington Supreme Court affirmed the Commission’s authority to adopt and enforce rules to protect park resources and public safety.
Significance: This case supports the Commission’s power under WAC Title 352 to regulate visitor behavior and maintain order in parks.
2. Washington Environmental Council v. Bellon, 732 F.3d 1131 (9th Cir. 2013)
Though primarily an environmental law case, it reinforced the principle that administrative agencies must act consistently with environmental statutes when managing natural resources.
This has implications for the Parks Commission in balancing recreation and conservation under WAC Title 352.
3. Graham v. State Parks and Recreation Commission, 123 Wn. App. 525 (2004)
Issue: Concerned use restrictions and fee assessments by the Commission.
Holding: The court ruled that fees and restrictions must be reasonable, non-discriminatory, and within statutory authority.
Significance: Limits arbitrary or unfair imposition of fees or restrictions by the Commission under WAC 352.
Practical Implications of WAC Title 352
Visitors must comply with park rules covering conduct, permits, and fees. Violations can lead to warnings or citations.
Commercial operators need permits and must follow regulations for use of park resources.
Environmental protections ensure sensitive habitats and historic resources are preserved amid public use.
Public transparency is guaranteed in rulemaking, allowing stakeholders to influence park policies.
Summary
WAC Title 352 governs Washington State Parks through administrative rules focused on management, safety, fees, and conservation.
The Parks and Recreation Commission holds broad regulatory authority grounded in state statutes.
Case law confirms the Commission’s authority to enforce park rules and manage public lands responsibly.
These rules help balance public enjoyment of parks with resource preservation and public safety.
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