Washington Administrative Code Title 332 - Natural Resources, Board and Department of (See also Title 222)
Overview of WAC Title 332 – Natural Resources, Board and Department of
WAC Title 332 contains the administrative rules established by the Washington State Department of Natural Resources (DNR) and its governing body, the Board of Natural Resources. The DNR manages state-owned lands, natural resources, and related programs, with a focus on sustainable use, environmental stewardship, and revenue generation for public beneficiaries (like schools, counties, and other institutions).
Purpose and Scope
Management of State Lands and Resources: WAC 332 governs the management, protection, and use of state-owned lands, including forests, aquatic lands, mineral rights, and trust lands.
Revenue Generation: Ensures sustainable harvesting and leasing to fund public services.
Environmental Protection: Implements conservation, wildfire management, and habitat preservation policies.
Regulatory Authority: Sets rules for leases, permits, land sales, timber harvesting, mining, and other activities on public lands.
Board of Natural Resources: Establishes governance, policy-making, and oversight for DNR activities.
Key Components of WAC Title 332
Board of Natural Resources Rules (WAC 332-01 through 332-20+)
Defines the powers and duties of the Board.
Rules for meetings, decision-making, and public participation.
Policies on trust land management and protection.
Land Management Regulations
Leasing and sale of state lands (timber, minerals, agriculture).
Rules for leasing state aquatic lands for marinas, docks, and commercial uses.
Sustainable forest management standards and practices.
Resource Protection
Wildfire prevention and suppression protocols.
Environmental conservation, including endangered species habitat.
Soil and water resource management on state lands.
Public Use and Access
Rules for recreational use of state lands.
Permitting requirements for commercial and private activities.
Role of the Board of Natural Resources and DNR
The Board consists of state officials including the Commissioner of Public Lands (who is also the head of DNR), the Governor, and other key stakeholders.
The Board sets broad policy, approves major land transactions, and supervises the Department.
The Department executes policies, manages day-to-day operations, and enforces WAC Title 332 rules.
Relevant Case Law Interpreting WAC Title 332
Several court cases have shaped the interpretation of the Department’s authority and the scope of WAC Title 332:
1. Cedar River Water & Sewer District v. Department of Natural Resources, 83 Wn. App. 408 (1996)
Issue: Whether DNR had authority to impose conditions on leasing state aquatic lands.
Holding: The court upheld DNR’s broad authority under WAC Title 332 to regulate leasing to protect public resources and trust interests.
Significance: Affirmed that DNR must balance economic use with environmental stewardship under the WAC rules.
2. Seattle Audubon Society v. State Department of Natural Resources, 90 Wn.2d 1 (1978)
Issue: Whether DNR’s forest practices complied with environmental regulations.
Holding: The court recognized DNR’s responsibility to manage forest lands sustainably, including protecting wildlife habitat.
Significance: Established that DNR rules must align with conservation objectives mandated by state law, supporting WAC’s environmental protection provisions.
3. State ex rel. Reed v. Department of Natural Resources, 56 Wn.2d 62 (1960)
Issue: Validity of DNR land sale procedures.
Holding: The court upheld the Department’s authority under WAC to sell state lands, provided statutory and administrative procedures are followed.
Significance: Reinforced that sales and leases must comply with WAC rules to protect public trust and maximize public benefit.
Summary of Legal Framework
WAC Title 332 grants the Department and Board broad administrative authority to manage Washington’s natural resources.
The rules balance economic development (timber harvesting, mineral extraction, leasing) with environmental protection (wildfire control, habitat preservation).
Public trust doctrine underpins the Department’s duty to act in the best interests of the public beneficiaries.
Courts consistently support DNR’s authority to impose conditions, regulate uses, and manage lands in compliance with WAC rules — as long as the Department respects procedural fairness and statutory limitations.
Practical Implications
Anyone wishing to use state-owned lands (for timber, mining, leasing, recreation) must comply with the conditions set forth in WAC Title 332.
The Board’s decisions are subject to public input and legal review.
DNR’s enforcement actions (like lease terminations or fines) rely on the authority granted by these administrative rules.
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