CCLME.ORG - Boating facilities program
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State
Washington Regulations
Chapter 286-35 WAC Boating facilities program

Last Update: 3/18/98


DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
286-35-020 Eligibility. [Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-35-020, filed 8/17/94, effective 9/17/94.] Repealed by 96-08-044, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4).
286-35-040 Planning requirements -- State agencies. [Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-35-040, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1),[43.98A].070 (5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-35-040, filed 8/17/94, effective 9/17/94.] Repealed by 97-08-003, filed 3/20/97, effective 4/20/97. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720.
286-35-050 Apportionment of marine fuel tax receipts, state and local agencies. [Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5),43.99.080 , 46.09.240 and 77.12.720. 94-17-095, 286-35-050, filed 8/17/94, effective 9/17/94.] Repealed by 96-08-044, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and77.12.720 (4).
286-35-070 Projects eligible for funding. [Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-35-070, filed 8/17/94, effective 9/17/94.] Repealed by 96-08-044, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4).



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286-35-010
Scope.
This chapter contains rules affecting the Initiative 215 boating facilities grant program administered by the committee under the Marine Recreation Land Act, chapter 43.99 RCW. Additional provisions are contained in "General grant assistance rules," chapter 286-13 WAC.



[Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-35-010, filed 8/17/94, effective 9/17/94.]




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286-35-030
Planning requirements.
To be eligible for grant consideration under this chapter, applicants must complete a plan in accordance with WAC 286-13-040(2). At minimum the plan must include:

(1) A statement of the applicant's long-range goals and objectives;

(2) An inventory, or description of the planning area;

(3) An analysis of demand and need, that is, why actions are required;

(4) A description of how the planning process gave the public ample opportunity to be involved in development of the plan;

(5) A current capital improvement program of at least five years;

(6) Evidence that this plan has been approved by the applicant's governing entity most appropriate to the plan's scope. For example, a city or county-wide plan must be approved at the council or commission level. Plans with a different scope will be approved by department heads, district rangers, regional managers/supervisors, etc.



[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720. 97-08-003 286-35-030, filed 3/20/97, effective 4/20/97. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-35-030, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-35-030, filed 8/17/94, effective 9/17/94.]




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286-35-060
Matching requirements and caps determined.
The committee will establish sponsor matching share requirements and acquisition-development fund request limits. Any changes will normally be done at a committee meeting six months before project funding consideration.



[Statutory Authority: RCW 43.99.124. 98-08-014, 286-35-060, filed 3/18/98, effective 4/18/98. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and77.12.720 (4). 96-08-044, 286-35-060, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1),[43.98A].070 (5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-35-060, filed 8/17/94, effective 9/17/94.]




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286-35-080
Acquisition projects Deed of right, conversions, leases and easements.
For acquisition projects, sponsors must execute an instrument or instruments which contain:

(1) For fee, less-than-fee, and easement acquisition projects:

(a) A legal description of the property acquired;

(b) A conveyance to the state of Washington of the right to use the described real property forever for outdoor recreation purposes; and

(c) A restriction on conversion of use of the land.

That is, marine recreation land with respect to which money has been expended under RCW 43.99.080 shall not, without the approval of the committee, be converted to uses other than those for which such expenditure was originally approved. The committee shall only approve any such conversion upon conditions which will assure the substitution of other marine recreation land of at least equal fair market value at the time of conversion and of as nearly as feasible equivalent usefulness and location.

(2) For lease acquisition projects, a binding agreement which contains a legal description of the property and rights acquired and which meets the following criteria. The interest:

(a) Must be for at least fifty years unless precluded by state law;

(b) May not be revocable at will;

(c) Must have a value supported through standard appraisal techniques;

(d) Must be paid for in lump sum at initiation;

(e) May not be converted, during the lease period, to a use other than that for which funds were originally approved, without prior approval of the committee.



[Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-35-080, filed 8/17/94, effective 9/17/94.]




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286-35-090
Development projects Conversion to other uses.
(1) Without prior approval of the committee, a facility developed with money granted by the committee shall not be converted to a use other than that for which funds were originally approved.

(2) The committee shall only approve such a conversion under conditions which assure that:

(a) All practical alternatives to the conversion have been evaluated and rejected on a sound basis;

(b) A new development, in the spirit of WAC 286-13-080 ("...aid through the committee is intended to supplement the existing capacity of a sponsor..."), will serve as a replacement which:

(i) Is of reasonably equivalent recreation utility and location;

(ii) Will be administered by the same political jurisdiction as the converted development; and

(iii) Includes only elements eligible under the committee's program from which funds were originally allocated.



[Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-35-090, filed 8/17/94, effective 9/17/94.]