WSR 01-18-009

PREPROPOSAL STATEMENT OF INQUIRY

FOREST PRACTICES BOARD


[ Filed August 22, 2001, 4:18 p.m. ]

     Subject of Possible Rule Making: Forest riparian easement program.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: The legislature directed the Forest Practices Board to adopt rules consistent with the provisions in SHB 2105. Chapter 76.13 RCW directs the Forest Practices Board to adopt rules for the forestry riparian easement program. Authority for changing, amending or additional forest practices rules are granted under RCW 76.09.040.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Forest Practices Board is considering changes to the forestry riparian easement program to implement legislative changes in SHB 2105. The changes would make a previously exempt group of small forest landowners eligible for a new state program that pays landowners to protect streamside trees. Landowners could also choose whether the assessed values of their streamside timber is based upon market prices the date they submitted their forest practices application or the date they began timber harvesting. The assessment determines how much compensation a landowner receives. The changes would also allow reimbursement of the cost of preparing and recording the easement and all business, occupation, and real estate excise taxes.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Forest Practices Board is charged with establishing rules to protect the state's public resources while maintaining a viable forest products industry. The Department of Natural Resources administers the forestry riparian easement program.

     Process for Developing New Rule: The small forest landowner advisory committee will be involved in the development of the rule following the guidelines in RCW 76.13.110(4).

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Patricia Anderson, Rules Coordinator, Forest Practices Board, Department of Natural Resources, Forest Practices Division, 1111 Washington Street, 4th Floor, P.O. Box 47012, Olympia, WA 98504-4701, fax (360) 902-1428, e-mail forest.practicesboard@wadnr.wa.gov.

August 20, 2001

Pat McElroy

Executive Director of

Regulatory Programs

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