PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Reasonable use exception.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 36.70A.370 and 76.09.040.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Forest Practices Board is considering a reasonable use exception to the forest practices rules. This exception would be available to landowners that can demonstrate that application of the forest practices rules would deny all or substantially all reasonable economic uses of the property. The reasonable use exception would be classified as Class IV-Special and would be subject to SEPA review. Approval of a reasonable use exception could result in allowing forest practices to proceed that would otherwise be prohibited.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Forest Practices Board is charged with establishing rules to protect the state's public resources while maintaining a viable forest products industry.
Process for Developing New Rule: The Forest Practices Board recognizes and encourages collaborative efforts to build solutions to pressing forest practices issues. Participants who would help in the rule development process would consist of representation by timber interests, environmental interests, state agencies, local government, federal agencies, tribal governments and other interested parties.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by mailing, faxing, or e-mailing comments to Patricia Anderson, Rules Coordinator, Forest Practices Board, Department of Natural Resources, Forest Practices Division, 1111 Washington Street, 4th Floor, P.O. Box 47012, Olympia, WA 98504-4701, fax (360) 902-1428, e-mail forest.practicesboard@wadnr.gov.
August 20, 2001
Pay McElroy
Executive Director of
Regulatory Programs