S-860                 _______________________________________________

                                                   SENATE BILL NO. 5388

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Metcalf and Barr

Read first time 1/23/89 and referred to Committee on   Environment & Natural Resources.

AN ACT Relating to forest practices; and amending RCW 76.09.240.

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

        Sec. 1.  Section 24, chapter 137, Laws of 1974 ex. sess. as amended by section 11, chapter 200, Laws of 1975 1st ex. sess. and RCW 76.09.240 are each amended to read as follows:

          No county, city, municipality, or other local or regional governmental  entity shall adopt or enforce any law, ordinance, or regulation pertaining to forest practices, except that to the extent otherwise permitted by law, such entities may exercise any:

          (1) Land use planning or zoning authority:  PROVIDED, That exercise of such authority may regulate forest practices only:  (a) Where the application submitted under RCW 76.09.060 as now or hereafter amended indicates that the lands will be converted to a use other than commercial timber production; or (b) on lands which have been platted after January 1, 1960:  PROVIDED, That no permit system solely for forest practices shall be allowed; that any additional or more stringent regulations shall not be inconsistent with the forest practices regulations enacted under this chapter; and such local regulations shall not unreasonably prevent timber harvesting;

          (2) Taxing powers;

          (3) Regulatory authority with respect to public health; ((and))

          (4) Authority granted by chapter 90.58 RCW, the "Shoreline Management Act of 1971", except that in relation to "shorelines" as defined in RCW 90.58.030, the following shall apply:

          (a) The forest practice regulations adopted pursuant to this chapter shall be the sole rules applicable to the performance of forest practices, and enforcement thereof shall be solely as provided in chapter 76.09 RCW;

          (b) As to that road construction which constitutes a substantial development, no permit shall be required under chapter 90.58 RCW for the construction of up to five hundred feet of one and only one road or segment of a road provided such road does not enter the shoreline more than once.  Such exemption from said permit requirements shall be limited to a single road or road segment for each forest practice and such road construction shall be subject to the requirements of chapter 76.09 RCW and regulations adopted pursuant thereto and to the prohibitions or restrictions of any master program in effect under the provisions of chapter 90.58 RCW.  Nothing in this subsection shall add to or diminish the authority of the shoreline management act regarding road construction except as specifically provided herein.  The provisions of this subsection shall not relate to any road which crosses over or through a stream, lake, or other water body subject to chapter 90.58 RCW;

          (c) Nothing in this section shall create, add to, or diminish the authority  of local government to prohibit or restrict forest practices within the shorelines through master programs adopted and approved pursuant to chapter 90.58 RCW except as provided in (a) and (b) above; and

(5) Authority to adopt ordinances or other provisions pertaining to wetlands.  Any additional or more stringent rule must not be inconsistent with the forest practice regulations adopted under this chapter.

          Any powers granted by chapter 90.58 RCW pertaining to forest practices, as amended herein, are expressly limited to lands located within "shorelines of the state" as defined in RCW 90.58.030.