WSR 06-17-127

PREPROPOSAL STATEMENT OF INQUIRY

FOREST PRACTICES BOARD


[ Filed August 21, 2006, 3:18 p.m. ]

Subject of Possible Rule Making: Amend Title 222 WAC, Forest practices to (1) provide a mechanism for documenting permit amendments and (2) clarify rule language regarding historic sites.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 76.09.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: (1) The department of natural resources needs a tool that would provide an appropriate mechanism for field personnel to document permit amendments. Currently, the department uses an enforcement document, the notice to comply, for this documentation. Developing a more appropriate tool would alleviate landowners' concerns that their authorized permit amendments may be misconstrued as an enforcement action. (2) The department of natural resources has implementation concerns surrounding ambiguities in the current rule language regarding forest practices proposals containing historic sites. Clarifying the language related to historic sites would resolve the ambiguities.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The board will request input from interested stakeholders to develop rule language. Also, prior to filing the CR-102 Proposed rule making for public review, the board will also solicit input from counties of the state and the Washington department of fish and wildlife per RCW 76.09.040(2), and tribes.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Patricia Anderson, Forest Practices Board Rules Coordinator, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-7012, fax (360) 902-1428, e-mail forestpracticesboard@wadnr.gov.

August 21, 2006

Pat McElroy

Chair

Washington State Code Reviser's Office