1. (1) Under RCW 79.125.450 state-owned second class shorelands on lakes legally determined or considered by the department of natural resources to be navigable, may be sold to private owners of abutting upland property where it is determined by the board of natural resources that the shorelands have minimal public value for uses such as providing access, recreation or other public benefit. The amount of shoreland subject to sale to any one individual shall be the amount fronting a lot within a recorded subdivision plat; or the greater of one hundred feet or ten percent of the frontage owned by the applicant outside of a recorded subdivision. However, it shall be in the public interest to retain ownership of publicly owned second class shorelands on navigable lakes where any of the following conditions exist:

   1. (a) The shorelands are natural, conservancy, or equivalent designated areas under the local shoreline master program.
   2. (b) The shorelands are located in front of land with public upland ownership or public access easements.
   3. (c) Further sales of shorelands would preclude the establishment of public access to the lake, or adversely affect the public use and access to the lake.

2. (2) Prior to the sale of second class shorelands on a navigable lake, the department will:

   1. (a) Depict on a suitable map the current ownership of all shorelands and identify those shorelands potentially available for sale as provided under WAC 332-30-119(1).
   2. (b) Identify any privately owned shorelands, acquisition of which would benefit the public.
   3. (c) Identify and establish the waterward boundary of the shorelands potentially available for sale or acquisition.

   4. (d) Make an appraisal of the value of the shorelands potentially available for sale or acquisition in accordance with as many of the following techniques as are appropriate to the parcels in question:

      1. (i) The market value of shorelands as of the last equivalent sale before the moratorium multiplied by the percentage increase in value of the abutting upland during the same period, i.e.,

         FMV = (V2/V1) x (S1)

         FMV = Current fair market value of shorelands

         S1 = Value of shorelands at time of last equivalent sale

         V1 = Value of abutting upland at time of last equivalent shoreland sale

         V2 = Current fair market value of upland to a maximum of 150 feet shoreward

      2. (ii) Techniques identified in adopted aquatic land management WACs e.g. WAC 332-30-125
      3. (iii) The sales price of the shoreland shall be the fair market value as determined in (2)(d)(i)(ii) but not less than five percent of the fair market value of the abutting uplands, less improvements, to a maximum depth of one hundred fifty feet landward from the line of ordinary high water.
   5. (e) If necessary, prepare a lake management plan in cooperation with local government to guide future department activities on the publicly owned aquatic lands.
3. (3) The board of natural resources shall determine whether or not the sale would be in the public interest, and a sales price shall be established by the department of natural resources in a reasonable period of time.

[Statutory Authority: RCW 79.105.360. WSR 06-06-005 (Order 724), § 332-30-119, filed 2/16/06, effective 3/19/06. Statutory Authority: RCW 43.30.150 and 79.01.474. WSR 80-08-071 (Order 342), § 332-30-119, filed 7/1/80.]