S-0183.1 _______________________________________________
SENATE BILL 5150
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State of Washington 54th Legislature 1995 Regular Session
By Senators Hargrove, Owen, Snyder and Oke
Read first time 01/12/95. Referred to Committee on Natural Resources.
AN ACT Relating to fish and wildlife enhancement; adding a new section to chapter 75.08 RCW; adding a new section to chapter 77.12 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. In an effort to increase the amount of habitat available for fish and wildlife it is desirable for the department of fish and wildlife to work closely with landowners. In some instances landowners avoid enhancing habitat because of a concern that the presence of fish or wildlife may make future land management more difficult. It is the intent of this act to provide a mechanism that facilitates habitat development while avoiding an adverse impact on the landowner at a later date.
NEW SECTION. Sec. 2. A new section is added to chapter 75.08 RCW to read as follows:
The department shall initiate a habitat incentives program through which an owner of forest lands may enter into an agreement with the director to enhance habitat for food fish on the landowner's property. Based on the agreement, the department may, with the concurrence of the department of natural resources, stipulate the conditions that the departments will consider when evaluating a future application on the subject property for a hydraulic permit applied for under RCW 75.20.100 or 75.20.103 or a forest practices permit applied for under RCW 76.09.060. Unless jointly agreed upon by all parties, the future decisions pertaining to the issuance, denial, or conditioning of a hydraulic permit or a forest practice permit shall be based on the conditions present on the landowner's property at the time of the agreement. The stipulations shall not be appurtenant to the land.
A stipulation shall contain a description of the property affected by the stipulation, an expiration date, a description of the condition of the property at the time of the stipulation, and other information needed by the department and the landowner for future reference and decisions.
NEW SECTION. Sec. 3. A new section is added to chapter 77.12 RCW to read as follows:
The department shall initiate a habitat incentives program through which an owner of forest lands may enter into an agreement with the director to enhance habitat for wildlife on the landowner's property. Based on the agreement, the department may, with the concurrence of the department of natural resources, stipulate the conditions that the departments will consider when evaluating a future application on the subject property for a hydraulic permit applied for under RCW 75.20.100 or 75.20.103 or a forest practices permit applied for under RCW 76.09.060. Unless jointly agreed upon by all parties, the future decisions pertaining to the issuance, denial, or conditioning of a hydraulics permit or a forest practice permit shall be based on the conditions present on the landowner's property at the time of the agreement. The stipulations shall not be appurtenant to the land.
A stipulation shall contain a description of the property affected by the stipulation, an expiration date, a description of the condition of the property at the time of the stipulation, and other information needed by the department and the landowner for future reference and decisions.
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