AN ACT Relating to forest practice regulations; amending RCW 76.09.010; and adding new sections to chapter 76.09 RCW.

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

Sec. 1. Section 1, chapter 137, Laws of 1974 ex. sess. as amended by section 1, chapter 95, Laws of 1987 and RCW 76.09.010 are each amended to read as follows:

(1) The legislature hereby finds and declares that the forest land resources are among the most valuable of all resources in the state; that a viable forest products industry is of prime importance to the state's economy; that it is in the public interest for public and private commercial forest lands to be managed consistent with sound policies of natural resource protection; that coincident with maintenance of a viable forest products industry, it is important to afford protection to forest soils, fisheries, wildlife, water quantity and quality, air quality, recreation, and scenic beauty.

(2) The legislature further finds and declares it to be in the public interest of this state to create and maintain through the adoption of this chapter a comprehensive state-wide system of laws and forest practices regulations which will achieve the following purposes and policies:

(a) Afford protection to, promote, foster and encourage timber growth, and require such minimum reforestation of commercial tree species on forest lands as will reasonably utilize the timber growing capacity of the soil following current timber harvest;

(b) Afford protection to forest soils and public resources by utilizing all reasonable methods of technology in conducting forest practices;

(d) Promote efficiency by permitting maximum operating freedom consistent with the other purposes and policies stated herein;

(e) Provide for regulation of forest practices so as to avoid unnecessary duplication in such regulation;

(f) Provide for interagency input and intergovernmental and tribal coordination and cooperation;

(g) Achieve compliance with all applicable requirements of federal and state law with respect to nonpoint sources of water pollution from forest practices;

(h) To consider reasonable land use planning goals and concepts contained in local comprehensive plans and zoning regulations; ((~~and~~))

(i) Foster cooperation among managers of public resources, forest landowners, Indian tribes and the citizens of the state; and

(j) Coordinate timber harvesting among landowners, limiting such harvesting as necessary, in order to protect the state's public resources.

(3) The legislature further finds and declares that it is also in the public interest of the state to encourage forest landowners to undertake corrective and remedial action to reduce the impact of mass earth movements and fluvial processes.

NEW SECTION. Sec. 2. In order to protect public resources the forest practices board shall adopt rules that:

(1) Limit the size of any clearcut to no more than eighty acres. The size may vary according to slope topography, soil type, and other factors as the board may specify. For purposes of this section a clearcut shall exist when more than ninety percent of the basal area is harvested from a parcel. This subsection shall not apply to conversions of forest lands to a nonforestry use;

(2) Determine the criterion that must be met prior to allowing the clearcutting of adjoining parcels. Factors considered may include age of the vegetation, minimum tree size, and the condition of surrounding land;

(3) Determine the amount of forest land in a drainage that may be harvested in a time period without risk to public resources. The board shall consider topography, soils, aspect, forest type, climate, special habitat need, and other factors.

NEW SECTION. Sec. 3. The department shall deny a forest practice application where it has reason to believe the application poses an unacceptable risk to public resources because of the quantity of timber previously harvested in a drainage.

NEW SECTION. Sec. 4. The department is authorized to enter into agreements with private, federal, and tribal entities to develop a demonstration project or projects that allow for an evaluation of the impacts of scheduling forest practice activities in a manner that allows for:

(1) Recognition of each landowner's proprietary interests;

(2) Diminishing the impacts on public resources by jointly scheduling silvicultural practices;

(3) Maintaining relatively stable harvest levels within the project boundary;

(4) Providing for coordinated management of wildlife habitat; and

(5) Promoting joint planning and sharing information.

When entering into any such agreements, the department is encouraged to work closely with affected communities and interest groups.

NEW SECTION. Sec. 5. Each owner of forest land who owns more than ten thousand contiguous acres shall develop a forest management plan for the contiguous acreage by January 1, 1991. An owner of more than one parcel of more than ten thousand acres may, with the permission of the department, submit a management plan that consolidates several parcels into one forest management plan. Each preparer of a forest management plan shall coordinate the preparation of the plan with any adjoining landowner preparing a forest management plan.

Each forest management plan shall contain a wildlife element, a road element, a harvest method element, a harvest schedule element, a sensitive area element, a reforestation element, a riparian zone element, a public access element, a land base retention element, and a forest protection element.

The department shall review the forest management plan, which shall be prepared and updated at least each tenth year after 1991. The board shall establish standards and criterion for the content of the various elements of the forest management plan.

NEW SECTION. Sec. 6. Sections 2 through 5 of this act are each added to chapter 76.09 RCW.