Brief Description: Requiring certain local governments to regulate forest practices.

Sponsors: Representatives B. Sullivan, Hinkle, Kretz, Upthegrove and Buck.

Hearing Date: 2/10/05

Staff: Jason Callahan (786-7117).

Background:

Classes of forest practices (RCW 76.09.050)

Prior to conducting a harvest or most other silvicultural treatments on forest land, a forest landowner must apply to the Department of Natural Resources (DNR) for approval for the proposed forest practice. The application process and application fee required varies depending on what class of forest practice is proposed. A forest practice can fall into one of four classes:

• Class I forest practices have a minimal direct potential for damaging a public resource.       Most class I practices do not require pre-approval by the DNR.

• Class II forest practices have a less than ordinary potential for damaging a public          resource. Class II practices require notification to be given to the DNR, but does not          require a formal approval.

• Class III forest practices are silvicultural treatments that do not fit into the definition of       the other classes of forest practices. They have a higher potential to damage a public          resource than class II practices, but a lesser potential than class IV practices. Class III       forest practices do require pre-approval from the DNR.

• Class IV forest practices have a potential for substantial impact on the environment.       This includes harvesting within an urban growth area and harvesting in an area that is       likely to be developed into a non-forestry use. Class IV practices require pre-approval by       the DNR in some cases, and by local governments in other cases.

The role of local governments in forest practices approvals (RCW 76.09.240)

Counties and cities have the authority to approve or disapprove certain class IV forest practices applications. In order to assume approval authority, the county or city must adopt ordinances that establish minimum standards for class IV forest practices, establish the necessary administrative provisions, and set procedures for the collection of fees. All cities and counties are required to adopt the necessary ordinances for class IV forest practices approval by December 31, 2005.

The authority to approve or disapprove class IV forest practices applications does not pass from the DNR to the city or county until the DNR has granted final approval of the city or county's ordinances. In conducting a review of the local government's proposed ordinances, the DNR is required to consult with the Department of Ecology, and may disapprove the ordinance wholly, or in part. Local governments that believe a disapproval of their ordinances was improper may appeal the DNR's decision to the Forest Practices Appeal Board.

Counties and cities that adopt the necessary ordinances to obtain control over class IV forest practices approvals, and have those ordinances approved by the DNR, are eligible for technical assistance from the DNR until January 1, 2006.

Summary of Bill:

The process for transferring authority to approve or disapprove forest practices applications is repealed. A new mechanism with new dates is established. Some counties and cities are required to adopt forest practices approval ordinances by the end of 2007, while the other counties and cities retain the discretion to not assume the responsibility for approving forest practices. The requirements on local governments vary depending on whether a county plans under the Growth Management ACT (GMA), although the path for transferring jurisdiction remains constant across all counties.

Mandatory vs. discretionary

Some counties and cities are required to adopt and enforce ordinances or regulations for the approval of forest practices applications, while the assumption of this responsibility is optional for other local governments. The trigger for determining if a county or city is required to adopt these ordinances is the number of forest practices applications that have been submitted within the county for the time period between January 1, 2000 and December 31, 2002.

If more than 25 class IV applications had been filed to the DNR between those dates for properties within a specific county, then that county, and the cities within it, are required to adopt forest practices approval ordinances. If the number is less than 25, then the transfer of jurisdiction for approvals is optional for the county and its cities.

In determining the number of class IV applications filed within a county, only certain applications are counted. Those counted are limited to applications for class IV practices on lands platted in 1960 or later, lands that have been converted to a non-forestry use, lands that will not be replanted because of a likelihood of conversion to a non-forestry use, and lands within an urban growth area.

GMA counties vs. Non-GMA counties

Although the 25-application trigger for mandatory assumption of jurisdiction over forest practices approvals is consistent for all counties, the requirements for counties differ depending on a particular county's participation under the GMA.

Counties not planning under the GMA, and the cities with them, only are required to assume the jurisdiction for approving class IV forest practices on lands platted later than 1959, lands that are not to be reforested because of the likelihood of future urban development, and lands that are already in the process of being converted to a non-forestry use.

Counties that do plan under the GMA, and their cities, are required to adopt ordinances covering class IV forest practices applications on the same lands that non-GMA counties must address, as well as ordinances for the approval or all four class types of forest practices when those applications are submitted for land located within an urban growth area.

The only land that GMA-planning counties and cities are not required to assume the jurisdiction over are ownerships of 20 contigious acres or more. However, the 20-acre exception only applies if the owner of the property submits a written statement to the county and the DNR that he or she does not intend to convert the property to a non-forestry use for the coming decade. The owner' s written statement must be accompanied by both a written forest management plan that is acceptable to the DNR, and documentation that the land is enrolled, for the purposes of property taxes, as forest land of long-term significance.

Pre-requisites for a transfer of jurisdiction

The ordinances adopted by the counties and cities must require appropriate approvals for all phases of forest land conversion and procedures for the collection of all administrative and permit fees.

A county or city can not assume the jurisdiction for forest practices approvals without bringing their critical areas and development regulations in compliance with the current requirements and notifying both the DNR and the Department of Ecology at least 60 days before adoption of the necessary ordinances. However, neither department must approve of the ordinances before the jurisdictional transfer occurs.

Role of the DNR

Exclusive jurisdiction over forest practices approvals remains with the DNR until a county or city satisfies all requirements for the jurisdictional transfer, even after the date by which all counties must have the appropriate ordinances adopted. The DNR is also required to provide technical assistance to the cities and counties during and after the process of ordinance adoption.

Appropriation: None.

Fiscal Note: Requested on 2/1/05.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.