Section 352-37-070 - Conditions under which motor vehicles may be used in the exclusive pedestrian/nonmotorized use areasUnless specifically accepted in the description of the times during which motor vehicles are not allowed for each exclusive pedestrian/nonmotorized vehicle use area, motor vehicles may be used in the pedestrian/nonmotorized vehicle use areas under the following circumstances:
(1) Motor vehicles may be used in the areas during any recreational razor clam digging seasons designated by the department of fish and wildlife that take place partially or entirely during the period when motor vehicles are otherwise not allowed to use the area.(2) Motor vehicles may also be used in the areas for designated activities approved by the director or designee.(3) As provided by RCW 79A.05.660, public vehicles operated in the performance of official duties and vehicles responding to an emergency may use the areas at any time.(4)(a) Motor vehicles may be used to remove sand from an access road, gap road, or other area provided that all required permits have been obtained and the removal complies with all applicable requirements.(b) On the Long Beach Peninsula pursuant to RCW 79A.05.655(3), the Pacific County planning department and the city of Long Beach may issue permits for wood debris removal during any period of closure to vehicular traffic, in their respective jurisdictions, if in the opinion of said jurisdiction the amount, size, and location of such wood debris is determined to constitute a hazard to the general public and/or impede the movement of public vehicles on the ocean beach. Said permits shall be valid for twenty-four hours only. Persons seeking permits for removal of wood debris within the seashore conservation area must apply to the director or designee for a wood debris removal permit.(5)(a) Motor vehicles may be used to remove wood debris under RCW 79A.05.035(5) provided that all required permits have been obtained and the removal complies with all applicable requirements.(b) On the Long Beach Peninsula in accordance with RCW 79A.05.655(4), the Pacific County planning department and the city of Long Beach may issue permits, on their respective jurisdictions, for the removal of sand on the ocean beach during periods of closure to vehicular traffic. Said sand removal shall occur only on beach access roads and private property under the terms of a covenant, easement, or deed that allows such activity. The local jurisdictions shall exercise good judgment in setting the terms of such sand removal permits. Such terms should prohibit sand removal during weekends, holidays, festivals, and other occasions when and where there is increased use of the ocean beach by the public. The hours of sand removal shall also be specified and shall prohibit this activity from occurring too early or too late in the day in order to minimize disturbance of nearby businesses, residents, and visitors.(6) In case of an emergency, motor vehicles may be used to maintain and construct erosion control devices, including bulkheads, provided that all required permits have been obtained and the operation of the vehicles and the construction complies with all applicable requirements.Wash. Admin. Code § 352-37-070
Amended by WSR 19-04-075, Filed 2/1/2019, effective 3/4/2019Statutory Authority: Chapter 79A.05 RCW. 07-03-121, § 352-37-070, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, 79A.05.070, and 79A.05.165. 05-01-068, § 352-37-070, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 43.51.040. 90-07-050, § 352-37-070, filed 3/19/90, effective 4/19/90.