H-0169.3 _______________________________________________
HOUSE BILL 1018
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Honeyford, McMorris, Mastin, Thompson, DeBolt, Boldt, Mielke and Clements
Read first time 01/13/97. Referred to Committee on Natural Resources.
AN ACT Relating to the availability of information regarding reforestation obligations; amending RCW 76.09.070; and adding a new section to chapter 76.09 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 76.09.070 and 1987 c 95 s 10 are each amended to read as follows:
After
the completion of a logging operation, satisfactory reforestation as defined by
the rules ((and regulations promulgated)) adopted by the board
shall be completed within three years: PROVIDED, That: (1) A longer period
may be authorized if seed or seedlings are not available; (2) a period of up to
five years may be allowed where a natural regeneration plan is approved by the
department; and (3) the department may identify low-productivity lands on which
it may allow for a period of up to ten years for natural regeneration. Upon
the completion of a reforestation operation a report on such operation shall be
filed with the department of natural resources. Within twelve months of
receipt of such a report the department shall inspect the reforestation
operation, and shall determine either that the reforestation operation has been
properly completed or that further reforestation and inspection is necessary.
Satisfactory
reforestation is the obligation of the owner of the land as defined by forest
practices ((regulations)) rules, except the owner of perpetual
rights to cut timber owned separately from the land is responsible for
satisfactory reforestation. The reforestation obligation shall become the
obligation of a new owner if the land or perpetual timber rights are sold or
otherwise transferred. The department must file with the appropriate county
auditor information regarding reforestation obligations. County auditors must
make this information available in a manner that allows a title search to
identify a reforestation obligation. If the department fails to file this
information with the appropriate county auditor, the reforestation obligation
is void.
Prior
to the sale or transfer of land or perpetual timber rights subject to a
reforestation obligation, the seller shall notify the buyer of the existence
and nature of the obligation and the buyer shall sign a notice of reforestation
obligation indicating the buyer's knowledge thereof. The notice shall be on a
form prepared by the department and shall be sent to the department by the
seller at the time of sale or transfer of the land or perpetual timber rights.
If the seller fails to notify the buyer about the reforestation obligation, the
seller shall pay double the buyer's costs related to reforestation, ((including))
and all legal costs which include reasonable attorneys' fees((,))
incurred by the buyer in enforcing the reforestation obligation against the
seller. Failure by the seller to send the required notice to the department at
the time of sale shall be prima facie evidence, in an action by the buyer
against the seller for costs related to reforestation, that the seller did not
notify the buyer of the reforestation obligation prior to sale.
The
forest practices ((regulations)) rules may provide alternatives
to or limitations on the applicability of reforestation requirements with
respect to forest lands being converted in whole or in part to another use
which is compatible with timber growing. The forest practices ((regulations))
rules may identify either classifications ((and/or)) or
areas of forest land, or both, that have the likelihood of future
conversion to urban development within a ten-year period. The reforestation
requirements may be modified or eliminated on such lands((: PROVIDED, That
such)). However, either the identification ((and/or such)) or
the conversion, or both, to urban development must be consistent
with any local or regional land use plans or ordinances.
NEW SECTION. Sec. 2. A new section is added to chapter 76.09 RCW to read as follows:
The department must contact those persons who are obligated to complete satisfactory reforestation and must notify those persons of the policy changes in RCW 76.09.070. This notice must also include a reminder to those persons of the requirement that a seller of land or perpetual timber rights subject to a reforestation obligation notify the buyer of the existence and nature of the obligation.
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