BILL REQ. #:  H-1115.2 

Read first time 01/28/09.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to directing the forest practices board to develop a single-tier buffer rule for small acreage timber harvests; and amending RCW 76.09.368.

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

Sec. 1   RCW 76.09.368 and 2002 c 120 s 4 are each amended to read as follows:
     (1) The legislature intends that small forest landowners have access to alternate plan processes or alternate harvest restrictions, or both if necessary, that meet the public resource protection standard set forth in RCW 76.09.370(3), but which also lowers the overall cost of regulation to small forest landowners including, but not limited to, timber value forgone, layout costs, and operating costs. The forest practices board shall consult with the small forest landowner office advisory committee in developing these alternate approaches. ((By July 1, 2003, the forest practices board shall provide the legislature with a written report that describes the board's progress in developing alternate plan processes or alternate harvest restrictions, or both if necessary, that meet legislative intent.
     As used in this section,)) (2)(a) In addition to the site-specific alternative plans authorized by this section, the board shall develop a single-tier riparian buffer rule that, when inconsistent with the default forest practices rules, provides a harvest alternative to the default provisions of the forest practices rules. The single-tier riparian buffer rule will reduce the demand on staff time and overall cost to state agencies charged with implementing the forest riparian easement program, alternative plans, and compliance monitoring, while providing environmental protection that is equal to or greater than the forest practices rules.
     (b) At a minimum, the single-tier riparian buffer rule must allow the following alternative harvest options for harvests occurring on harvest sites that are twenty acres or less:
     (i) A single seventy-five foot wide buffer on both sides of the stream for any final no entry harvest located near a stream identified by the forest practices rules as water type F that has a bankfull width of ten feet or less.
     (ii) A single one hundred foot wide buffer on both sides of the stream for any final no entry harvest located near a stream identified by the forest practices rules as water type F that has a bankfull width of more than ten feet.     
     (c) Harvests utilizing the alternative harvest option outlined in this subsection are, in addition to the conditions of this subsection, also subject to the provisions of WAC 222-30-025(4)(a), (b), and (c), relating to the unit size and timing of timber harvesting by even-aged methods, as the WAC existed on the effective date of this section.
     (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Small forest landowner" has the same meaning as defined in RCW 76.13.120(2).
     (b) "Bankfull width" has the same meaning as provided in WAC 222-16-010(a) as it existed on the effective date of this section.