57th Legislature

2001 Regular Session


Passed by the Senate March 6, 2001

  YEAS 46   NAYS 0




President of the Senate


Passed by the House April 11, 2001

  YEAS 89   NAYS 0




Speaker of the House of Representatives




Speaker of the House of Representatives








I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5108 as passed by the Senate and the House of Representatives on the dates hereon set forth.

















Governor of the State of Washington











Secretary of State

State of Washington








Passed Legislature ‑ 2001 Regular Session


State of Washington      57th Legislature     2001 Regular Session


By Senators T. Sheldon, Benton, Snyder, Hargrove, Sheahan, Gardner, Rasmussen and Stevens


Read first time 01/12/2001.  Referred to Committee on Agriculture & International Trade. Modifying provisions relating to the growing of short‑rotation hardwood trees on agricultural land. 

_1      AN ACT Relating to the growing of short-rotation hardwood trees

_2  on agricultural land; and amending RCW 84.33.035, 76.09.020, and

_3  82.04.213.




_5      Sec. 1.  RCW 84.33.035 and 1995 c 165 s 1 are each amended to read

_6  as follows:

_7      Unless the context clearly requires otherwise, the definitions

_8  in this section apply throughout this chapter.

_9      (1) "Agricultural methods" means the cultivation of trees that

10  are grown on land prepared by intensive cultivation and tilling,

11  such as irrigating, plowing, or turning over the soil, and on

12  which all unwanted plant growth is controlled continuously for the

13  exclusive purpose of raising trees such as Christmas trees and

14  short-rotation hardwoods.

15      (2) "Composite property tax rate" for a county means the total

16  amount of property taxes levied upon forest lands by all taxing

17  districts in the county other than the state, divided by the total

18  assessed value of all forest land in the county.

                               p. 1                    SB 5108.PL


_1      (3) "Forest land" means forest land which is classified or

_2  designated forest land under this chapter.

_3      (4) "Harvested" means the time when in the ordinary course of

_4  business the quantity of timber by species is first definitely

_5  determined.  The amount harvested shall be determined by the

_6  Scribner Decimal C Scale or other prevalent measuring practice

_7  adjusted to arrive at substantially equivalent measurements, as

_8  approved by the department of revenue.

_9      (5) "Harvester" means every person who from the person's own

10  land or from the land of another under a right or license granted

11  by lease or contract, either directly or by contracting with

12  others for the necessary labor or mechanical services, fells,

13  cuts, or takes timber for sale or for commercial or industrial

14  use:  PROVIDED, That whenever the United States or any

15  instrumentality thereof, the state, including its departments and

16  institutions and political subdivisions, or any municipal

17  corporation therein so fells, cuts, or takes timber for sale or

18  for commercial or industrial use, the harvester is the first

19  person other than the United States or any instrumentality

20  thereof, the state, including its departments and institutions and

21  political subdivisions, or any municipal corporation therein, who

22  acquires title to or a possessory interest in such timber.  The

23  term "harvester" does not include persons performing under

24  contract the necessary labor or mechanical services for a

25  harvester.

26      (6) "Short-rotation hardwoods" means hardwood trees, such as

27  but not limited to hybrid cottonwoods, cultivated by agricultural

28  methods in growing cycles shorter than ((ten)) fifteen years.

29      (7) "Stumpage value of timber" means the appropriate stumpage

30  value shown on tables prepared by the department of revenue under

31  RCW 84.33.091, provided that for timber harvested from public land

32  and sold under a competitive bidding process, stumpage value shall

33  mean that actual amount paid to the seller in cash or other

34  consideration.  Whenever payment for the stumpage includes

35  considerations other than cash, the value shall be the fair market

36  value of the other consideration, provided that if the other

37  consideration is permanent roads, the value of the roads shall be

38  the appraised value as appraised by the seller.

SB 5108.PL                     p. 2


_1      (8) "Timber" means forest trees, standing or down, on privately

_2  or publicly owned land, and except as provided in RCW 84.33.170

_3  includes Christmas trees and short-rotation hardwoods.

_4      (9) "Timber assessed value" for a county means a value,

_5  calculated by the department of revenue before October 1 of each

_6  year, equal to the total stumpage value of timber harvested from

_7  privately owned land in the county during the most recent four

_8  calendar quarters for which the information is available

_9  multiplied by a ratio.  The numerator of the ratio is the rate of

10  tax imposed by the county under RCW 84.33.051 for the year of the

11  calculation.  The denominator of the ratio is the composite

12  property tax rate for the county for taxes due in the year of the

13  calculation, expressed as a percentage of assessed value.

14      (10) "Timber assessed value" for a taxing district means the

15  timber assessed value for the county multiplied by a ratio.  The

16  numerator of the ratio is the total assessed value of forest land

17  in the taxing district.  The denominator is the total assessed

18  value of forest land in the county.  As used in this section,

19  "assessed value of forest land" means the assessed value of forest

20  land for taxes due in the year the timber assessed value for the

21  county is calculated.


22      Sec. 2.  RCW 76.09.020 and 1999 sp.s. c 4 s 301 are each amended to

23  read as follows:

24      For purposes of this chapter:

25      (1) "Adaptive management" means reliance on scientific methods

26  to test the results of actions taken so that the management and

27  related policy can be changed promptly and appropriately.

28      (2) "Appeals board" means the forest practices appeals board

29  created by RCW 76.09.210.

30      (3) "Aquatic resources" includes water quality, salmon, other

31  species of the vertebrate classes Cephalaspidomorphi and

32  Osteichthyes identified in the forests and fish report, the

33  Columbia torrent salamander (Rhyacotriton kezeri), the Cascade

34  torrent salamander (Rhyacotriton cascadae), the Olympic torrent

35  salamander (Rhyacotriton olympian), the Dunn's salamander

36  (Plethodon dunni), the Van Dyke's salamander (Plethodon vandyke),

37  the tailed frog (Ascaphus truei), and their respective habitats.

                               p. 3                    SB 5108.PL


_1      (4) "Commissioner" means the commissioner of public lands.

_2      (5) "Contiguous" means land adjoining or touching by common

_3  corner or otherwise.  Land having common ownership divided by a

_4  road or other right of way shall be considered contiguous.

_5      (6) "Conversion to a use other than commercial timber

_6  operation" means a bona fide conversion to an active use which is

_7  incompatible with timber growing and as may be defined by forest

_8  practices rules.

_9      (7) "Department" means the department of natural resources.

10      (8) "Forest land" means all land which is capable of supporting

11  a merchantable stand of timber and is not being actively used for

12  a use which is incompatible with timber growing.

13      (9) "Forest landowner" means any person in actual control of

14  forest land, whether such control is based either on legal or

15  equitable title, or on any other interest entitling the holder to

16  sell or otherwise dispose of any or all of the timber on such land

17  in any manner:  PROVIDED, That any lessee or other person in

18  possession of forest land without legal or equitable title to such

19  land shall be excluded from the definition of "forest landowner"

20  unless such lessee or other person has the right to sell or

21  otherwise dispose of any or all of the timber located on such

22  forest land.

23      (10) "Forest practice" means any activity conducted on or

24  directly pertaining to forest land and relating to growing,

25  harvesting, or processing timber, including but not limited to:

26      (a) Road and trail construction;

27      (b) Harvesting, final and intermediate;

28      (c) Precommercial thinning;

29      (d) Reforestation;

30      (e) Fertilization;

31      (f) Prevention and suppression of diseases and insects;

32      (g) Salvage of trees; and

33      (h) Brush control.

34  "Forest practice" shall not include preparatory work such as tree

35  marking, surveying and road flagging, and removal or harvesting of

36  incidental vegetation from forest lands such as berries, ferns,

37  greenery, mistletoe, herbs, mushrooms, and other products which

SB 5108.PL                     p. 4

_1  cannot normally be expected to result in damage to forest soils,

_2  timber, or public resources.

_3      (11) "Forest practices rules" means any rules adopted pursuant

_4  to RCW 76.09.040.

_5      (12) "Forest trees" does not include hardwood trees cultivated

_6  by agricultural methods in growing cycles shorter than fifteen

_7  years if the trees were planted on land that was not in forest use

_8  immediately before the trees were planted and before the land was

_9  prepared for planting the trees.  "Forest trees" includes

10  Christmas trees.

11      (13) "Forests and fish report" means the forests and fish

12  report to the board dated April 29, 1999.

13      (((13))) (14) "Application" means the application required

14  pursuant to RCW 76.09.050.

15      (((14))) (15) "Operator" means any person engaging in forest

16  practices except an employee with wages as his or her sole

17  compensation.

18      (((15))) (16) "Person" means any individual, partnership,

19  private, public, or municipal corporation, county, the department

20  or other state or local governmental entity, or association of

21  individuals of whatever nature.

22      (((16))) (17) "Public resources" means water, fish and

23  wildlife, and in addition shall mean capital improvements of the

24  state or its political subdivisions.

25      (((17))) (18) "Timber" means forest trees, standing or down, of

26  a commercial species, including Christmas trees.

27      (((18))) (19) "Timber owner" means any person having all or any

28  part of the legal interest in timber.  Where such timber is

29  subject to a contract of sale, "timber owner" shall mean the

30  contract purchaser.

31      (((19))) (20) "Board" means the forest practices board created

32  in RCW 76.09.030.

33      (((20))) (21) "Unconfined avulsing channel migration zone"

34  means the area within which the active channel of an unconfined

35  avulsing stream is prone to move and where the movement would

36  result in a potential near-term loss of riparian forest adjacent

37  to the stream.  Sizeable islands with productive timber may exist

38  within the zone.

                               p. 5                    SB 5108.PL


_1      (((21))) (22) "Unconfined avulsing stream" means generally

_2  fifth order or larger waters that experience abrupt shifts in

_3  channel location, creating a complex flood plain characterized by

_4  extensive gravel bars, disturbance species of vegetation of

_5  variable age, numerous side channels, wall-based channels, oxbow

_6  lakes, and wetland complexes.  Many of these streams have dikes

_7  and levees that may temporarily or permanently restrict channel

_8  movement.


_9      Sec. 3.  RCW 82.04.213 and 1993 sp.s. c 25 s 302 are each amended

10  to read as follows:

11      (1) "Agricultural product" means any product of plant

12  cultivation or animal husbandry including, but not limited to:  A

13  product of horticulture, grain cultivation, vermiculture,

14  viticulture, or aquaculture as defined in RCW 15.85.020;

15  plantation Christmas trees; short-rotation hardwoods as defined in

16  RCW 84.33.035; turf; or any animal including but not limited to an

17  animal that is a private sector cultured aquatic product as

18  defined in RCW 15.85.020, or a bird, or insect, or the substances

19  obtained from such an animal.  "Agricultural product" does not

20  include animals intended to be pets.

21      (2) "Farmer" means any person engaged in the business of

22  growing or producing, upon the person's own lands or upon the

23  lands in which the person has a present right of possession, any

24  agricultural product whatsoever for sale.  "Farmer" does not

25  include a person using such products as ingredients in a

26  manufacturing process, or a person growing or producing such

27  products for the person's own consumption.  "Farmer" does not

28  include a person selling any animal or substance obtained

29  therefrom in connection with the person's business of operating a

30  stockyard or a slaughter or packing house.  "Farmer" does not

31  include any person in respect to the business of taking,

32  cultivating, or raising timber.


‑‑‑ END ‑‑‑


SB 5108.PL                     p. 6