Section 286-27-066. What additional rules apply to conversions of use?

(1) Except as provided in this section, interest in real property and facilities acquired, developed, renovated, enhanced or restored shall not, without prior approval of the board be converted to uses other than those for which the funds were originally approved.

(2) The board shall assure the substitution or replacement of interest in real property and/or facilities in accordance with this chapter.

(3) The board shall only approve conversions when:

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

(b) The sponsor or successor will provide another interest in real property(s) and/or facilities to serve as a replacement. The replacement must:

(i) Be of equivalent or greater usefulness and location;

(ii) Be administered by the same sponsor or successor unless otherwise approved by the board;

(iii) Satisfy need(s) identified in the most recent plan(s) required under WAC 286-27-040;

(iv) Be eligible to receive a grant in the WWRP account or category from which funds were originally allocated, unless otherwise authorized by the board;

(v) If acquisition of interests in real property: Be interest in real property(ies) of at least equal market value and public benefit at the time of replacement;

(vi) If a development: Provide a facility of at least equal market value and public benefit as that which existed at the time of the original investment of WWRP funds; and

(vii) If a restoration or enhancement project: Provide restoration or enhancement activities necessary to replicate the ecological benefit intended by the project.

(4) Projects authorized by the Interstate Commerce Commission under section 8(d) of the National Trails System Act, 16 U.S.C. § 1247(d) shall convert to railroad purposes automatically upon reactivation of a line for rail purposes under an ICC order. Substitution or replacement with interest in real property, facilities or moneys which are of at least equal market value at the time of replacement may be required.

[Statutory Authority: 2007 c 241 § 39, RCW 34.05.220, 34.05.230, 42.56.040, 79A.15.030, 79A.15.060, 79A.15.070, 79A.15.120, and 79A.15.130. WSR 14-09-074, § 286-27-066, filed 4/18/14, effective 5/19/14. Statutory Authority: RCW 79A.15.030(8), 79A.15.060(1), 79A.15.070(5), 79A.15.120(4), 79A.15.130(4). WSR 06-05-025, § 286-27-066, filed 2/7/06, effective 3/10/06.]

2007 c 241 § 39, RCW 34.05.220, 34.05.230, 42.56.040, 79A.15.030, 79A.15.060, 79A.15.070, 79A.15.120, and 79A.15.130. WSR 14-09-074, § 286-27-066, filed 4/18/14, effective 5/19/14. Statutory Authority: RCW 79A.15.030(8), 79A.15.060(1), 79A.15.070(5), 79A.15.120(4), 79A.15.130(4). WSR 06-05-025, § 286-27-066, filed 2/7/06, effective 3/10/06.

Rules

286-27-040,