Washington Administrative Code Title 332 - Natural Resources, Board and Department of (See also Title 222)
1. What Is WAC Title 332?
WAC Title 332 contains the administrative rules adopted by the Washington State Department of Natural Resources (DNR) and the Board of Natural Resources.
Its core purpose is to regulate state-owned natural resources, including:
State trust lands
Forests and timber
Aquatic lands (beds of navigable waters)
Geoduck and shellfish harvesting
Grazing lands
Surface mining and reclamation
Resource conservation and revenue generation for public beneficiaries
Important relationship:
Title 332 governs DNR land management and leasing
Title 222 governs forest practices (logging rules)
Title 332 often works alongside Title 222 but focuses more on property management and leasing, not logging permits.
2. Legal Authority Behind Title 332
Title 332 rules are authorized primarily by:
Washington Constitution, Article XVI (state trust lands)
RCW Title 79 (Public Lands)
RCW Title 43.30 (Department of Natural Resources)
Courts consistently hold that DNR acts as a fiduciary trustee, meaning:
It must manage lands for the benefit of specific beneficiaries (schools, universities, counties)
It cannot sacrifice long-term trust value without clear legislative authority
3. Major Parts of WAC Title 332 (Substantive Breakdown)
A. Trust Land Management
What it regulates
Leasing of agricultural, grazing, commercial, and residential trust lands
Sale or exchange of state trust lands
Revenue generation for beneficiaries
Key legal principle
DNR must act like a private trustee, not just a regulator
Case law
County of Skamania v. State (Washington Supreme Court)
The court held that trust lands must be managed to maximize long-term value for beneficiaries, not for general public purposes unless authorized by law.
Practical impact
Environmental or recreational uses may be allowed only if they do not improperly reduce trust income
B. Forest and Timber Management (Non-Forest Practices)
What it regulates
Timber sales on state trust lands
Reforestation and sustained yield policies
Road construction related to timber harvest
Relationship to Title 222
Title 332 governs ownership and sale
Title 222 governs how logging is done
Case law
Harris v. Department of Natural Resources
Courts upheld DNR’s authority to balance sustained yield forestry with trust obligations, as long as revenue generation remains a core objective.
C. Aquatic Lands Management
What it regulates
Leasing of state-owned aquatic lands
Marinas, docks, pipelines, and utilities
Geoduck and shellfish harvesting
Key legal doctrine
Public Trust Doctrine
Case law
Caminiti v. Boyle
The Washington Supreme Court ruled that leasing aquatic lands is constitutional as long as it does not substantially impair public navigation, fishing, or commerce.
Practical effect
Private use is allowed, but public rights remain paramount
D. Surface Mining and Reclamation
What it regulates
Sand, gravel, and mineral extraction on DNR lands
Reclamation bonding and post-mining land restoration
Case law
Weden v. San Juan County
The court recognized that state agencies may impose environmental restrictions beyond local zoning when managing state lands.
Legal standard
Reclamation is mandatory and enforceable
Failure to reclaim can lead to forfeiture of bonds and enforcement actions
E. Grazing and Agricultural Leases
What it regulates
Grazing permits on state lands
Agricultural leases and renewal terms
Land condition and stewardship requirements
Case law
Bennington v. Department of Natural Resources
The court upheld DNR’s authority to terminate or modify leases to protect land productivity and trust value.
F. Land Exchanges and Sales
What it regulates
Procedures for exchanging state lands
Sales when land no longer serves trust purposes
Key legal limitation
Exchanges must provide equal or greater value
Case law
State ex rel. Banks v. Brown
The court ruled that trust lands cannot be disposed of for general public benefit without equivalent compensation to beneficiaries.
4. Administrative Law and Enforcement Under Title 332
Rulemaking Authority
Courts give DNR Chevron-style deference, meaning:
If a statute is ambiguous
And DNR’s rule is reasonable
Courts usually uphold the rule
Enforcement
Civil penalties
Lease termination
Injunctions
Appeals under the Washington Administrative Procedure Act
Case law
Postema v. Pollution Control Hearings Board
Established standards for agency deference and review of administrative decisions.
5. Judicial Review Standards
Washington courts review DNR actions under:
Statutory authority
Fiduciary duty to trust beneficiaries
Reasonableness and substantial evidence
Compliance with environmental laws (SEPA)
Courts will overturn DNR actions if:
Trust duties are ignored
Public trust rights are substantially impaired
Agency exceeds delegated authority
6. Summary Table
| Topic | WAC Title 332 Role | Court Interpretation |
|---|---|---|
| Trust lands | Leasing, sales, revenue | Strict fiduciary duty |
| Timber | Sales and management | Sustained yield allowed |
| Aquatic lands | Leasing and harvesting | Public trust limits |
| Mining | Extraction & reclamation | Environmental enforcement upheld |
| Grazing | Lease regulation | Stewardship required |
| Land exchanges | Value-based transfers | Equal value mandatory |
7. Key Takeaway
WAC Title 332 is not just regulatory—it is fiduciary law.
Washington courts consistently treat DNR as a trustee first and regulator second, requiring:
Financial responsibility
Long-term stewardship
Protection of public and trust interests
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