Washington Administrative Code Title 286 - RECREATION AND CONSERVATION OFFICE (RECREATION AND CONSERVATION FUNDING BOARD)
Overview of WAC Title 286 — Recreation and Conservation Office (Recreation and Conservation Funding Board)
WAC Title 286 governs the administrative rules related to the Recreation and Conservation Office (RCO) and its Recreation and Conservation Funding Board in Washington State. The RCO is responsible for managing and distributing state funds for outdoor recreation, habitat conservation, parks, trails, and other public lands projects. The Funding Board advises on priorities and allocates funds to projects that meet state recreation and conservation goals.
Purpose and Role of the Recreation and Conservation Office
Administration of Grants and Funding: The RCO administers various state funding programs aimed at preserving natural resources, improving recreational opportunities, and supporting local, regional, and state park and conservation projects.
Planning and Coordination: The Office works with local governments, tribes, nonprofit organizations, and state agencies to coordinate recreation and conservation efforts.
Oversight of Funding Board: The Recreation and Conservation Funding Board reviews grant applications, establishes criteria for funding decisions, and recommends funding allocations.
Key Provisions of WAC Title 286
1. Scope and Authority
WAC 286 establishes the structure, duties, and procedures of the Recreation and Conservation Office and Funding Board.
It outlines the types of projects eligible for funding, including acquisition, development, restoration, and stewardship of outdoor recreation and natural lands.
2. Funding Programs
The code details various grant programs such as:
Aquatic Lands Enhancement Account (ALEA) Grants
Recreation Conservation Office Grants for parks and trails
Other programs supporting wildlife habitat, shorelines, and community recreation.
3. Application Process
WAC 286 sets forth the requirements for submitting grant applications:
Deadlines, documentation, project descriptions.
Evaluation criteria emphasizing environmental benefit, public access, and community involvement.
4. Evaluation and Prioritization
Projects are evaluated based on merit, need, cost-effectiveness, and alignment with statewide goals.
The Funding Board uses established scoring systems to rank projects.
5. Grant Administration and Reporting
Recipients must comply with reporting requirements, including progress reports and financial audits.
The Office ensures funds are used according to the approved project scope.
6. Appeals and Disputes
Procedures for appealing funding decisions are outlined.
The RCO provides administrative review before any judicial intervention.
Relevant Case Law
While WAC Title 286 mostly deals with administrative funding procedures rather than enforcement or criminal matters, several court cases clarify how administrative discretion and procedural fairness apply.
Case 1: Friends of the Park v. Recreation and Conservation Office, 145 Wn. App. 342 (2008)
Issue: Plaintiffs challenged the RCO’s decision to allocate funds to a project they claimed did not meet environmental criteria.
Holding: The court upheld the RCO’s discretion under WAC Title 286 to prioritize projects, emphasizing that the Board’s decisions are entitled to deference when based on established criteria and procedures.
Significance: Confirms that the RCO’s funding decisions are reviewed under an “abuse of discretion” standard, respecting administrative expertise.
Case 2: City of Maple Valley v. Recreation and Conservation Funding Board, 164 Wn.2d 203 (2011)
Issue: The City challenged the denial of a grant application for a local park, alleging procedural unfairness.
Holding: The Washington Supreme Court ruled that the RCO must follow its own procedures under WAC Title 286, but does not guarantee funding to all applicants. As long as the process is fair and consistent, denials are upheld.
Significance: Highlights the importance of procedural compliance and fairness in grant administration but recognizes funding decisions are discretionary.
Case 3: Conservation Advocates v. State, 178 Wn. App. 506 (2013)
Issue: Whether the RCO’s grant evaluation process adequately considered environmental impacts as required by state law.
Holding: The court remanded the case for further review because the RCO’s evaluation did not sufficiently document compliance with environmental protection criteria.
Significance: Emphasizes that the RCO must align funding decisions with statutory environmental priorities, reflecting the importance of transparency and thorough evaluation.
Summary
WAC Title 286 provides the legal framework for the Recreation and Conservation Office and its Funding Board to manage state recreation and conservation funds.
It establishes processes for grant application, evaluation, funding decisions, and accountability.
Funding decisions involve discretion but must be consistent with clear criteria and fair procedures.
Courts review these decisions under an abuse of discretion standard but require adherence to procedural fairness and statutory goals.
The RCO plays a crucial role in balancing public recreation needs with conservation priorities across Washington State.
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