WSR 02-04-074



[ Filed February 1, 2002, 3:35 p.m. ]

Rule Development Agenda

February-July 2002

The board's mandate is to adopt rules to protect the state's public resources while maintaining a viable forest products industry. The following rule proposals are under development:

1. Chapter 222-21 WAC, Small landowner forestry riparian easement permanent rules. The board has initiated permanent rule making designed to implement changes to the small forest landowner forestry riparian easement program contained in SHB 2105 passed by the 2001 legislature in the regular session. Other changes included in this permanent rule making that the board will consider include a change to the title of the "Postharvest Questionnaire" to "Harvest Status Questionnaire," RCW references that were incorrect and clarification on board manual references. The board will consider permanent rule adoption at its February 13, 2002, meeting. Public hearings were held on this proposal on January 15, 2002, in Olympia and January 17, 2002, in Spokane.

2. Procedural and Ethics Rules. At the November 14, 2001, board meeting the board directed staff to develop a rule proposal to update the board's administrative procedures and provide new rules on public record requests and executive ethics rules.

3. Reasonable Use Rule. At the August 8, 2001, meeting, the board decided to solicit comments from the public on a proposal that creates a reasonable use exception to the forest practices rules. The board will determine whether to proceed with rule making at the February 13, 2002, meeting.

4. Modification to Notice Rule. In May 2000, the board denied a rule-making petition regarding scenic trail corridors. The governor's office agreed the denial was appropriate but suggested the board consider a rule that would require reasonable notice of proposed harvest applications on a particular piece of property to local media outlets, advocacy groups, and nearby landowners who have registered with the department. This recommendation will be reviewed at the February 13, 2002, meeting and could result in a rule proposal.

5. Editorial and Minor Rule Changes. The current permanent rules are being reviewed for editorial and minor clarification changes which may result in a rule proposal.

6. Salvage Logging Rule Change. The board will consider an emergency rule proposal at its February 13, 2002, meeting. The emergency rule will clarify how salvage logging is interpreted. A permanent rule proposal will also be considered.

7. SEPA Wildlife Rule. The board decided to develop a SEPA wildlife rule proposal using negotiated rule making at its August 8, 2001, meeting. This rule proposal is designed to exempt forest practices activities under a wildlife conservation agreement from standard SEPA guidelines if the agreement has already been through public review and comment under National Environmental Policy Act, State Environmental Policy Act, or Endangered Species Act. The board will consider whether to proceed with rule making on the negotiated proposal at the February 13, 2002, meeting.

Contact Person: Patricia Anderson, Forest Practices Board, Rules Coordinator, DNR-Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-7012, phone (360) 902-1413, fax (360) 902-1428, e-mail

Washington State Code Reviser's Office