AN
ACT Relating to the conversion of forest practices; and amending RCW 76.09.040,
76.09.050, 76.09.060, 76.09.065, 76.09.240, and 43.21C.037.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
76.09.040 and 1994 c 264 s 48 are each amended to read as follows:
(1)
Where necessary to accomplish the purposes and policies stated in RCW
76.09.010, and to implement the provisions of this chapter, the board shall
promulgate forest practices regulations pursuant to chapter 34.05 RCW and in
accordance with the procedures enumerated in this section that:
(a)
Establish minimum standards for forest practices;
(b)
Provide procedures for the voluntary development of resource management plans
which may be adopted as an alternative to the minimum standards in (a) of this
subsection if the plan is consistent with the purposes and policies stated in
RCW 76.09.010 and the plan meets or exceeds the objectives of the minimum
standards;
(c)
Set forth necessary administrative provisions; and
(d)
Establish procedures for the collection and administration of forest practice
fees as set forth by this chapter.
Forest
practices regulations pertaining to water quality protection shall be
promulgated individually by the board and by the department of ecology after
they have reached agreement with respect thereto. All other forest practices
regulations shall be promulgated by the board.
Forest
practices regulations shall be administered and enforced by either the
department ((except as otherwise)) or the local governmental entity
as provided in this chapter. Such regulations shall be promulgated and
administered so as to give consideration to all purposes and policies set forth
in RCW 76.09.010.
(2)
The board shall prepare proposed forest practices regulations. In addition to
any forest practices regulations relating to water quality protection proposed
by the board, the department of ecology shall prepare proposed forest practices
regulations relating to water quality protection.
Prior to initiating the rule making process, the proposed
regulations shall be submitted for review and comments to the department of
fish and wildlife and to the counties of the state. After receipt of the
proposed forest practices regulations, the department of fish and wildlife and
the counties of the state shall have thirty days in which to review and submit
comments to the board, and to the department of ecology with respect to its
proposed regulations relating to water quality protection. After the
expiration of such thirty day period the board and the department of ecology
shall jointly hold one or more hearings on the proposed regulations pursuant to
chapter 34.05 RCW. At such hearing(s) any county may propose specific forest practices
regulations relating to problems existing within such county. The board and
the department of ecology may adopt such proposals if they find the proposals
are consistent with the purposes and policies of this chapter.
Sec.
2. RCW
76.09.050 and 1994 c 264 s 49 are each amended to read as follows:
(1)
The board shall establish by rule which forest practices shall be included
within each of the following classes:
Class
I: Minimal or specific forest practices that have no direct potential for
damaging a public resource and that may be conducted without submitting
an application or a notification except that when the regulating authority
is transferred to a local governmental entity, those Class I forest practices
that involve timber harvesting or road construction within "urban growth
areas," designated pursuant to chapter 36.70A RCW, are processed as Class
IV forest practices, but are not subject to environmental review under chapter
43.21C RCW;
Class
II: Forest practices which have a less than ordinary potential for damaging a
public resource that may be conducted without submitting an application and may
begin five calendar days, or such lesser time as the department may determine,
after written notification by the operator, in the manner, content, and form as
prescribed by the department, is received by the department. However, the work
may not begin until all forest practice fees required under RCW 76.09.065 have
been received by the department. Class II shall not include forest practices:
(a)
On lands platted after January 1, 1960, as provided in chapter 58.17 RCW
or on lands that have or are being converted to another use;
(b)
Which require approvals under the provisions of the hydraulics act, RCW
75.20.100;
(c)
Within "shorelines of the state" as defined in RCW 90.58.030; ((or))
(d)
Excluded from Class II by the board; or
(e)
Including timber harvesting or road construction within "urban growth
areas," designated pursuant to chapter 36.70A RCW, which are Class IV;
Class
III: Forest practices other than those contained in Class I, II, or IV. A
Class III application must be approved or disapproved by the department within
thirty calendar days from the date the department receives the application.
However, the applicant may not begin work on that forest practice until all
forest practice fees required under RCW 76.09.065 have been received by the
department;
Class
IV: Forest practices other than those contained in Class I or II: (a) On
lands platted after January 1, 1960, as provided in chapter 58.17 RCW,
(b) on lands that have or are being converted to another use, (c) on
lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not to
be reforested because of the likelihood of future conversion to urban
development, ((and/or)) (d) except on those lands involving timber
harvesting or road construction on lands that are contained within "urban
growth areas," designated pursuant to chapter 36.70A RCW, where the forest
landowner provides: (i) A written statement of intent signed by the forest
landowner not to convert to a use other than commercial forest product
operations for ten years, accompanied by either a written forest management
plan acceptable to the department or documentation that the land is enrolled
under the provisions of chapter 84.33 RCW; or (ii) a conversion option harvest
plan approved by the local governmental entity and submitted to the department
as part of the application, and/or (e) which have a potential for a
substantial impact on the environment and therefore require an evaluation by
the department as to whether or not a detailed statement must be prepared
pursuant to the state environmental policy act, chapter 43.21C RCW. Such
evaluation shall be made within ten days from the date the department receives
the application: PROVIDED, That nothing herein shall be construed to prevent
any local or regional governmental entity from determining that a detailed
statement must be prepared for an action pursuant to a Class IV forest practice
taken by that governmental entity concerning the land on which forest practices
will be conducted. A Class IV application must be approved or disapproved by
the department within thirty calendar days from the date the department
receives the application, unless the department determines that a detailed
statement must be made, in which case the application must be approved or
disapproved by the department within sixty calendar days from the date the
department receives the application, unless the commissioner of public lands,
through the promulgation of a formal order, determines that the process cannot
be completed within such period. However, the applicant may not begin work on
that forest practice until all forest practice fees required under RCW
76.09.065 have been received by the department.
Forest
practices under Classes I, II, and III are exempt from the requirements for
preparation of a detailed statement under the state environmental policy act.
(2)
Except for those forest practices being regulated by local governmental
entities as provided elsewhere in this chapter, no Class II, Class III, or
Class IV forest practice shall be commenced or continued after January 1, 1975,
unless the department has received a notification with regard to a Class II
forest practice or approved an application with regard to a Class III or Class
IV forest practice containing all information required by RCW 76.09.060 as now
or hereafter amended((: PROVIDED, That any person commencing a forest
practice during 1974 may continue such forest practice until April 1, 1975, if
such person has submitted an application to the department prior to January 1,
1975: PROVIDED, FURTHER, That)). However, in the event forest
practices regulations necessary for the scheduled implementation of this
chapter and RCW 90.48.420 have not been adopted in time to meet such schedules,
the department shall have the authority to regulate forest practices and
approve applications on such terms and conditions consistent with this chapter
and RCW 90.48.420 and the purposes and policies of RCW 76.09.010 until
applicable forest practices regulations are in effect.
(3)
Except for those forest practices being regulated by local governmental
entities as provided elsewhere in this chapter, if a notification or
application is delivered in person to the department by the operator or the
operator's agent, the department shall immediately provide a dated receipt
thereof. In all other cases, the department shall immediately mail a dated
receipt to the operator.
(4)
Except for those forest practices being regulated by local governmental
entities as provided elsewhere in this chapter, forest practices shall be
conducted in accordance with the forest practices regulations, orders and
directives as authorized by this chapter or the forest practices regulations,
and the terms and conditions of any approved applications.
(5)
Except for those forest practices being regulated by local governmental
entities as provided elsewhere in this chapter, the department of natural
resources shall notify the applicant in writing of either its approval of the
application or its disapproval of the application and the specific manner in
which the application fails to comply with the provisions of this section or
with the forest practices regulations. Except as provided otherwise in this
section, if the department fails to either approve or disapprove an application
or any portion thereof within the applicable time limit, the application shall
be deemed approved and the operation may be commenced: PROVIDED, That this
provision shall not apply to applications which are neither approved nor
disapproved pursuant to the provisions of subsection (7) of this section:
PROVIDED, FURTHER, That if seasonal field conditions prevent the department
from being able to properly evaluate the application, the department may issue
an approval conditional upon further review within sixty days: PROVIDED,
FURTHER, That the department shall have until April 1, 1975, to approve or
disapprove an application involving forest practices allowed to continue to
April 1, 1975, under the provisions of subsection (2) of this section. Upon
receipt of any notification or any satisfactorily completed application the
department shall in any event no later than two business days after such
receipt transmit a copy to the departments of ecology and fish and wildlife,
and to the county, city, or town in whose jurisdiction the forest practice is
to be commenced. Any comments by such agencies shall be directed to the
department of natural resources.
(6)
For those forest practices regulated by the board and the department, if
the county, city, or town believes that an application is inconsistent with
this chapter, the forest practices regulations, or any local authority
consistent with RCW 76.09.240 as now or hereafter amended, it may so notify the
department and the applicant, specifying its objections.
(7)
For those forest practices regulated by the board and the department, the
department shall not approve portions of applications to which a county, city,
or town objects if:
(a)
The department receives written notice from the county, city, or town of such
objections within fourteen business days from the time of transmittal of the
application to the county, city, or town, or one day before the department acts
on the application, whichever is later; and
(b)
The objections relate to lands either:
(i)
Platted after January 1, 1960, as provided in chapter 58.17 RCW; or
(ii)
On lands that have or are being converted to another use.
The
department shall either disapprove those portions of such application or appeal
the county, city, or town objections to the appeals board. If the objections
related to subparagraphs (b)(i) and (ii) of this subsection are based on local
authority consistent with RCW 76.09.240 as now or hereafter amended, the
department shall disapprove the application until such time as the county,
city, or town consents to its approval or such disapproval is reversed on
appeal. The applicant shall be a party to all department appeals of county,
city, or town objections. Unless the county, city, or town either consents or
has waived its rights under this subsection, the department shall not approve
portions of an application affecting such lands until the minimum time for
county, city, or town objections has expired.
(8)
For those forest practices regulated by the board and the department, in
addition to any rights under the above paragraph, the county, city, or town may
appeal any department approval of an application with respect to any lands
within its jurisdiction. The appeals board may suspend the department's
approval in whole or in part pending such appeal where there exists potential
for immediate and material damage to a public resource.
(9)
For those forest practices regulated by the board and the department, appeals
under this section shall be made to the appeals board in the manner and time
provided in RCW 76.09.220(8). In such appeals there shall be no presumption of
correctness of either the county, city, or town or the department position.
(10)
For those forest practices regulated by the board and the department, the
department shall, within four business days notify the county, city, or town of
all notifications, approvals, and disapprovals of an application affecting
lands within the county, city, or town, except to the extent the county, city,
or town has waived its right to such notice.
(11)
For those forest practices regulated by the board and the department, a
county, city, or town may waive in whole or in part its rights under this
section, and may withdraw or modify any such waiver, at any time by written
notice to the department.
Sec.
3. RCW
76.09.060 and 1993 c 443 s 4 are each amended to read as follows:
The
following shall apply to those forest practices administered and enforced by
the department and for which the board shall promulgate regulations as provided
in this chapter:
(1)
The department shall prescribe the form and contents of the notification and
application. The forest practices rules shall specify by whom and under what
conditions the notification and application shall be signed or otherwise
certified as acceptable. The application or notification shall be delivered in
person to the department, sent by first class mail to the department or
electronically filed in a form defined by the department. The form for
electronic filing shall be readily convertible to a paper copy, which shall be
available to the public pursuant to chapter 42.17 RCW. The information
required may include, but is not limited to:
(a)
Name and address of the forest landowner, timber owner, and operator;
(b)
Description of the proposed forest practice or practices to be conducted;
(c)
Legal description and tax parcel identification numbers of the land on
which the forest practices are to be conducted;
(d)
Planimetric and topographic maps showing location and size of all lakes and
streams and other public waters in and immediately adjacent to the operating
area and showing all existing and proposed roads and major tractor roads;
(e)
Description of the silvicultural, harvesting, or other forest practice methods
to be used, including the type of equipment to be used and materials to be
applied;
(f)
Proposed plan for reforestation and for any revegetation necessary to reduce
erosion potential from roadsides and yarding roads, as required by the forest
practices rules;
(g)
Soil, geological, and hydrological data with respect to forest practices;
(h)
The expected dates of commencement and completion of all forest practices
specified in the application;
(i)
Provisions for continuing maintenance of roads and other construction or other
measures necessary to afford protection to public resources;
(j)
An affirmation that the statements contained in the notification or application
are true; and
(k)
All necessary application or notification fees.
(2)
Long range plans may be submitted to the department for review and
consultation.
(3)
The application for a forest practice or the notification of a Class II
forest practice ((shall indicate whether any land covered by the application
or notification will be converted or is intended to be converted to a use other
than commercial timber production within three years after completion of the
forest practices described in it)) is subject to the three-year
reforestation requirement.
(a)
If the application states that any such land will be or is intended to be so converted:
(i)
The reforestation requirements of this chapter and of the forest practices
rules shall not apply if the land is in fact so converted unless applicable
alternatives or limitations are provided in forest practices rules issued under
RCW 76.09.070 as now or hereafter amended;
(ii)
Completion of such forest practice operations shall be deemed conversion of the
lands to another use for purposes of chapters 84.33 and 84.34 RCW unless the
conversion is to a use permitted under a current use tax agreement permitted
under chapter 84.34 RCW;
(iii)
The forest practices described in the application are subject to applicable
county, city, town, and regional governmental authority permitted under RCW
76.09.240 as now or hereafter amended as well as the forest practices rules.
(b)
Except as provided elsewhere in this section, if the application or
notification does not state that any land covered by the application or
notification will be or is intended to be so converted:
(i)
For six years after the date of the application the county, city, town, and
regional governmental entities ((may)) shall deny any or all
applications for permits or approvals, including building permits and
subdivision approvals, relating to nonforestry uses of land subject to the application;
(A)
The department shall submit to the local governmental entity a copy of the
statement of a forest landowner's intention not to convert which shall
represent a recognition by the landowner that the six-year moratorium shall be
imposed and shall preclude the landowner's ability to obtain development
permits while the moratorium is in place. This statement shall be filed by the
local governmental entity with the county recording officer, who shall record
the documents as provided in chapter 65.04 RCW, except that lands designated as
forest lands of long-term commercial significance under chapter 36.70A RCW
shall not be recorded due to the low likelihood of conversion. Not recording
the statement of a forest landowner's conversion intention shall not be
construed to mean the moratorium is not in effect.
(B)
The department shall collect the recording fee and reimburse the local
governmental entity for the cost of recording the application.
(C)
When harvesting takes place without an application, the local governmental
entity shall impose the six-year moratorium provided in (b)(i) of this
subsection from the date the unpermitted harvesting was discovered by the
department or the local governmental entity.
(D)
The local governmental entity shall develop a process for lifting the six-year
moratorium, which shall include public notification, and procedures for appeals
and public hearings.
(E)
The local governmental entity may develop an administrative process for lifting
or waiving the six-year moratorium for the purposes of constructing a
single-family residence or outbuildings, or both, on a legal lot and building
site. Lifting or waiving of the six-year moratorium is subject to compliance
with all local ordinances.
(F)
The six-year moratorium shall not be imposed on a forest practices application
that contains a conversion option harvest plan approved by the local
governmental entity unless the forest practice was not in compliance with the
approved forest practice permit. Where not in compliance with the conversion
option harvest plan, the six-year moratorium shall be imposed from the date the
application was approved by the department or the local governmental entity;
(ii)
Failure to comply with the reforestation requirements contained in any final
order or decision shall constitute a removal of designation under the
provisions of RCW 84.33.140, and a change of use under the provisions of RCW
84.34.080, and, if applicable, shall subject such lands to the payments and/or
penalties resulting from such removals or changes; and
(iii)
Conversion to a use other than commercial ((timber)) forest product
operations within ((three)) six years after ((completion))
approval of the forest practices without the consent of the county,
city, or town shall constitute a violation of each of the county, municipal
city, town, and regional authorities to which the forest practice operations
would have been subject if the application had so stated.
(c)
The application or notification shall be ((either)) signed by the forest
landowner ((or)) and accompanied by a statement signed by the forest
landowner indicating his or her intent with respect to conversion and
acknowledging that he or she is familiar with the effects of this subsection.
(4)
Whenever an approved application authorizes a forest practice which, because of
soil condition, proximity to a water course or other unusual factor, has a
potential for causing material damage to a public resource, as determined by
the department, the applicant shall, when requested on the approved
application, notify the department two days before the commencement of actual
operations.
(5)
Before the operator commences any forest practice in a manner or to an extent
significantly different from that described in a previously approved
application or notification, there shall be submitted to the department a new
application or notification form in the manner set forth in this section.
(6)
The notification to or the approval given by the department to an application
to conduct a forest practice shall be effective for a term of two years from
the date of approval or notification and shall not be renewed unless a new
application is filed and approved or a new notification has been filed. At the
option of the applicant, an application or notification may be submitted to
cover a single forest practice or a number of forest practices within
reasonable geographic or political boundaries as specified by the department.
An application or notification that covers more than one forest practice may
have an effective term of more than two years. The board shall adopt rules
that establish standards and procedures for approving an application or
notification that has an effective term of more than two years. Such rules
shall include extended time periods for application or notification approval or
disapproval. On an approved application with a term of more than two years,
the applicant shall inform the department before commencing operations.
(7)
Notwithstanding any other provision of this section, no prior application or
notification shall be required for any emergency forest practice necessitated
by fire, flood, windstorm, earthquake, or other emergency as defined by the
board, but the operator shall submit an application or notification, whichever
is applicable, to the department within forty-eight hours after commencement of
such practice or as required by local regulations.
Sec.
4. RCW
76.09.065 and 1993 c 443 s 5 are each amended to read as follows:
(1)
Effective July 1, ((1993)) 1997, an applicant shall pay ((a))
an application fee and a recording fee, if applicable, at the
time an application or notification is submitted ((pursuant to RCW
76.09.060. All money collected from the fees under this section shall be
deposited in the state general fund)) to the department or to the local
governmental entity as provided in this chapter.
(2)
For applications and notifications submitted to the department, the application
fee shall be fifty dollars for class II, III, and IV forest practices
applications or notifications relating to the commercial harvest of timber.
However, the fee shall be five hundred dollars for class IV forest practices
applications on lands being converted to other uses or on lands which are not
to be reforested because of the likelihood of future conversion to urban
development or on lands that are contained within "urban growth
areas," designated pursuant to chapter 36.70A RCW, except the fee shall be
fifty dollars on those lands where the forest landowner provides:
(a)
A written statement of intent signed by the forest landowner not to convert to
a use other than commercial forest product operations for ten years,
accompanied by either a written forest management plan acceptable to the
department or documentation that the land is enrolled under the provisions of
chapter 84.33 RCW; or
(b)
A conversion option harvest plan approved by the local government entity and
submitted to the department as part of the forest practices application.
All
money collected from fees under this subsection shall be deposited in the state
general fund.
(3)
For applications submitted to the local governmental entity, the fee shall be
five hundred dollars for class IV forest practices on lands being converted to
other uses or lands that are contained within "urban growth areas,"
designated pursuant to chapter 36.70A RCW, except as otherwise provided in this
section, unless a different fee is otherwise provided by the local governmental
entity.
(4)
Recording fees shall be as provided in chapter 36.18 RCW.
(((2))) (5) An application fee under subsection (((1)))
(2) of this section shall be refunded or credited to the applicant if
either the application or notification is disapproved by the department
or the application or notification is withdrawn by the applicant due to
restrictions imposed by the department.
Sec.
5. RCW
76.09.240 and 1975 1st ex.s. c 200 s 11 are each amended to read as follows:
(1)
By December 31, 2001, each county and each city shall adopt ordinances or
promulgate regulations setting standards for those Class IV forest practices
regulated by local government. The regulations shall: (a) Establish minimum
standards for Class IV forest practices; (b) set forth necessary administrative
provisions; and (c) establish procedures for the collection and administration
of forest practices and recording fees as set forth in this chapter.
(2)
Class IV forest practices regulations shall be administered and enforced by the
counties and cities that promulgate them.
(3)
The forest practices board shall continue to promulgate regulations and the
department shall continue to administer and enforce the regulations promulgated
by the board in each county and each city for all forest practices as provided
in this chapter until such time as, in the opinion of the department, the
county or city has promulgated forest practices regulations that meet the
requirements as set forth in this section and that meet or exceed the standards
set forth by the board in regulations in effect at the time the local
regulations are adopted. Regulations promulgated by the county or city thereafter
shall be reviewed in the usual manner set forth for county or city rules or
ordinances. Amendments to local ordinances must meet or exceed the forest
practices rules at the time the local ordinances are amended.
(a)
Department review of the initial regulations promulgated by a county or city
shall take place upon written request by the county or city. The department,
in consultation with the department of ecology, may approve or disapprove the
regulations in whole or in part.
(b)
Until January 1, 2002, the department shall provide technical assistance to all
counties or cities that have adopted forest practices regulations acceptable to
the department and that have assumed regulatory authority over all Class IV
forest practices within their jurisdiction.
(c)
Decisions by the department approving or disapproving the initial regulations
promulgated by a county or city may be appealed to the forest practices appeals
board, which has exclusive jurisdiction to review the department's approval or
disapproval of regulations promulgated by counties and cities.
(4)
For those forest practices over which the board and the department maintain
regulatory authority no county, city, municipality, or other local or
regional governmental entity shall adopt or enforce any law, ordinance, or
regulation pertaining to forest practices, except that to the extent otherwise
permitted by law, such entities may exercise any:
(((1)))
(a) Land use planning or zoning authority: PROVIDED, That exercise of
such authority may regulate forest practices only: (((a))) (i)
Where the application submitted under RCW 76.09.060 as now or hereafter amended
indicates that the lands have been or will be converted to a use other
than commercial ((timber)) forest product production; or (((b)))
(ii) on lands which have been platted after January 1, 1960, as
provided in chapter 58.17 RCW: PROVIDED, That no permit system solely for
forest practices shall be allowed; that any additional or more stringent
regulations shall not be inconsistent with the forest practices regulations
enacted under this chapter; and such local regulations shall not unreasonably
prevent timber harvesting;
(((2)))
(b) Taxing powers;
(((3)))
(c) Regulatory authority with respect to public health; and
(((4)))
(d) Authority granted by chapter 90.58 RCW, the "Shoreline
Management Act of 1971"((, except that in relation to
"shorelines" as defined in RCW 90.58.030, the following shall apply:
(a)
The forest practice regulations adopted pursuant to this chapter shall be the
sole rules applicable to the performance of forest practices, and enforcement
thereof shall be solely as provided in chapter 76.09 RCW;
(b)
As to that road construction which constitutes a substantial development, no
permit shall be required under chapter 90.58 RCW for the construction of up to
five hundred feet of one and only one road or segment of a road provided such
road does not enter the shoreline more than once. Such exemption from said
permit requirements shall be limited to a single road or road segment for each
forest practice and such road construction shall be subject to the requirements
of chapter 76.09 RCW and regulations adopted pursuant thereto and to the
prohibitions or restrictions of any master program in effect under the
provisions of chapter 90.58 RCW. Nothing in this subsection shall add to or
diminish the authority of the shoreline management act regarding road
construction except as specifically provided herein. The provisions of this
subsection shall not relate to any road which crosses over or through a stream,
lake, or other water body subject to chapter 90.58 RCW;
(c)
Nothing in this section shall create, add to, or diminish the authority of
local government to prohibit or restrict forest practices within the shorelines
through master programs adopted and approved pursuant to chapter 90.58 RCW
except as provided in (a) and (b) above.
Any
powers granted by chapter 90.58 RCW pertaining to forest practices, as amended
herein, are expressly limited to lands located within "shorelines of the
state" as defined in RCW 90.58.030)).
Sec.
6. RCW
43.21C.037 and 1983 c 117 s 2 are each amended to read as follows:
(1)
Decisions pertaining to applications for Class I, II, and III forest practices,
as defined by rule of the forest practices board under RCW 76.09.050, are not
subject to the requirements of RCW 43.21C.030(2)(c) as now or hereafter
amended.
(2)
When the applicable county, city, or town requires a license in connection with
any proposal involving forest practices (a) on lands platted after January 1,
1960, as provided in chapter 58.17 RCW, (b) on lands that have or are
being converted to another use, or (c) on lands which, pursuant to RCW
76.09.070 as now or hereafter amended, are not to be reforested because of the
likelihood of future conversion to urban development, then the local
government, rather than the department of natural resources, is responsible for
any detailed statement required under RCW 43.21C.030(2)(c).
(3)
Those forest practices determined by rule of the forest practices board to have
a potential for a substantial impact on the environment, and thus to be Class
IV practices, require an evaluation by the department of natural resources as
to whether or not a detailed statement must be prepared pursuant to this
chapter. The evaluation shall be made within ten days from the date the
department receives the application. A Class IV forest practice application
must be approved or disapproved by the department within thirty calendar days
from the date the department receives the application, unless the department
determines that a detailed statement must be made, in which case the
application must be approved or disapproved by the department within sixty days
from the date the department receives the application, unless the commissioner
of public lands, through the promulgation of a formal order, determines that
the process cannot be completed within such period. This section shall not be
construed to prevent any local or regional governmental entity from determining
that a detailed statement must be prepared for an action regarding a Class IV
forest practice taken by that governmental entity concerning the land on which
forest practices will be conducted.
