FINAL BILL REPORT
SHB 2105
C 280 L 01
Synopsis as Enacted
Brief Description: Modifying provisions related to small forest landowners.
Sponsors: By House Committee on Natural Resources (originally sponsored by Representatives Sump, Doumit, Pearson, Rockefeller and Woods).
House Committee on Natural Resources
Senate Committee on Natural Resources, Parks & Shorelines
Background:
The small forest landowner office was established within the Department of Natural Resources by the Legislature in 1999 as part of the Forests and Fish legislation. This legislation was developed to allow landowners to harvest timber in compliance with the federal Endangered Species Act. The office is required to work with small forest landowners on the development of alternate management plans and alternate harvest restrictions for riparian buffers and is required to develop criteria for adoption by the Forest Practices Board in a manual for these alternate management plans and harvest restrictions. The board is not required to adopt the criteria on alternate management plans and harvest restrictions by rule.
The forestry riparian easement program authorizes the state to accept riparian easements from certain small forest landowners. A forest landowner must obtain an approved forest practices application for timber harvest on his or her property as a prerequisite for participating in the forest riparian easement program. The office determines the amount of compensation to be offered to the small forest landowner for the easement. Those landowners who are unable to cut any timber on their property because of restrictions under the forest practices rules are ineligible to participate in this program.
The amount of compensation the office offers for a riparian easement is an amount equal to 50 percent of the value of the timber that was covered in a forest practices application that is required to be left unharvested. Small forest landowners who wish to participate in the easement program are subject to costs that were not anticipated in the development of the Forests and Fish legislation.
The office is authorized to contract with private consultants to conduct timber cruises of forestry riparian easements, but is not authorized to contract with private consultants for laying out streamside buffers or other regulatory requirements associated with the forest riparian easement program.
The office made an initial report to the Legislature and the board on December 1, 2000, on the estimated amounts of nonindustrial forests in various sizes of acreage and the estimated number of forest practices applications filed each year. This report also included recommendations on ways the Legislature and the board could provide more effective incentives to encourage the continued management of nonindustrial forests in ways which best protect salmon, fish and other wildlife, water quality, and environmental values. This report is to be updated on December 1, 2002, and every four years thereafter with a description of trends in the holdings of forest lands and how they are managed. The creation of the office was delayed, so there was little information available for the initial report.
Summary:
The Forest Practices Board must adopt by rule, as well as in a manual, the criteria developed by the small forest landowner office on alternate management plans and alternate harvest restrictions.
A landowner who is unable to obtain an approved forest practices application for timber harvest on his or her land because of restrictions under the forest practices rules may still qualify as a small forest landowner for purposes of participating in the forest riparian easement program. The board must adopt criteria by rule for these forest landowners to enter into forest riparian easements. The small forest landowner office determines the amount of compensation to be offered for a riparian easement to a small forest landowner who is unable to obtain approval for a forest practices application for timber harvest because of forest practice rules restrictions.
The amount of compensation offered to small forest landowners for a riparian easement must include the compliance costs for participating in the riparian easement program. Compliance costs include the cost of preparing and recording the easement, and any business and occupation tax and real estate excise tax imposed because of entering into the easement.
The office may contract with private consultants for laying out streamside buffers or other regulatory requirements associated with the forest riparian easement program.
The office must submit a report to the Legislature and the board by December 1, 2002, on estimated amounts of nonindustrial forests in various sizes of acreage, the estimated number of forest practices applications filed, as well as recommendations on ways to provide more effective incentives to encourage the continued management of nonindustrial forests in ways which best protect salmon, fish and other wildlife, water quality, and environmental values. This report is to be updated on December 1, 2004, and every four years thereafter with a description of trends in the holdings of forest lands and how they are managed.
Votes on Final Passage:
House930
Senate470(Senate amended)
House940(House concurred)
Effective: July 22, 2001