BILL REQ. #:  H-0092.1 

Read first time 01/21/09.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to protecting the ability of forest landowners to continue active forestry operations; amending RCW 7.48.305 and 7.48.310; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   Commercial forestry produces jobs and revenue while also providing clean water and air, wildlife habitat, open space, and carbon storage. Maintaining a base of forest lands that can be utilized for commercial forestry is of utmost importance for the state.
     As the population of the state increases, forest lands are converted to residential, suburban, and urban uses. The encroachment of these other uses into neighboring forest lands often makes it more difficult for forest landowners to continue practicing commercial forestry. It is the legislature's intent that a forest landowner's right to practice commercial forestry in a manner consistent with the state forest practices laws be protected and preserved.

Sec. 2   RCW 7.48.305 and 2007 c 331 s 2 are each amended to read as follows:
     (1) Notwithstanding any other provision of this chapter, agricultural activities conducted on farmland and forest practices, if consistent with good agricultural and forest practices and established prior to surrounding nonagricultural and nonforestry activities, are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity or practice has a substantial adverse effect on public health and safety.
     ((If those)) (2) Agricultural activities and forest practices ((are)) undertaken in conformity with all applicable laws and rules((, they)) are presumed to be good agricultural and forest practices not adversely affecting the public health and safety for purposes of this section and RCW 7.48.300. An agricultural activity that is in conformity with such laws and rules shall not be restricted as to the hours of the day or day or days of the week during which it may be conducted.
     (3) The act of owning land upon which growing trees are located, even if the tree growth is being managed passively and even if the owner does not indicate the land's status as a working forest, is considered to be a forest practice occurring on the land if the trees are located on land that is capable of supporting a merchantable stand of timber that is not being actively used for a use that is incompatible with timber growing. If the growing of trees has been established prior to surrounding nonforestry activities, then the act of tree growth is considered a necessary part of any other subsequent stages of forest practices necessary to bring a tree from its planting to final harvest and is included in the provisions of this section.
     (4) Nothing in this section shall affect or impair any right to sue for damages.

Sec. 3   RCW 7.48.310 and 2007 c 331 s 3 are each amended to read as follows:
     ((As used in)) For the purposes of RCW 7.48.305 only:
     (1) "Agricultural activity" means a condition or activity which occurs on a farm in connection with the commercial production of farm products and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement, including, but not limited to, use of current county road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners, and plant protection products; keeping of bees for production of agricultural or apicultural products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of streambanks and watercourses; and conversion from one agricultural activity to another, including a change in the type of plant-related farm product being produced. The term includes use of new practices and equipment consistent with technological development within the agricultural industry.
     (2) "Farm" means the land, buildings, freshwater ponds, freshwater culturing and growing facilities, and machinery used in the commercial production of farm products.
     (3) "Farmland" means land or freshwater ponds devoted primarily to the production, for commercial purposes, of livestock, freshwater aquacultural, or other farm products.
     (4) "Farm product" means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, dairy and dairy products, poultry and poultry products, livestock, including breeding, grazing, and recreational equine use, fruits, vegetables, flowers, seeds, grasses, trees, freshwater fish and fish products, apiaries and apiary products, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.
     (5) "Forest practice" means (("forest practice" as defined in RCW 76.09.020)) any activity conducted on or directly pertaining to forest land, as that term is defined in RCW 76.09.020, and relating to growing, harvesting, or processing timber. The term "forest practices" includes, but is not limited to, road and trail construction, final and intermediate harvesting, precommercial thinning, reforestation, fertilization, prevention and suppression of diseases and insects, salvage of trees, brush control, and owning land where trees may passively grow until one of the preceding activities is deemed timely by the owner.