Bull Trout Overlay Map
PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-05-084 and 12-11-112.
Title of Rule and Other Identifying Information: Conversions and forest practices applications rule making incorporates portions of several amendments to chapter 76.09 RCW, Forest practices into TITLE 222 WAC, Forest practices board; and includes several minor corrections and clarifications.
Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Room 172, Olympia, WA, on October 10, 2012, at 4:00 p.m.
Date of Intended Adoption: November 13, 2012.
Submit Written Comments to: Patricia Anderson, DNR, P.O. Box 47012, Olympia, WA 98504-7012, e-mail forest.practicesboard@dnr.wa.gov, fax (360) 902-1428, by October 10, 2012.
Assistance for Persons with Disabilities: Contact forest practices division at (360) 902-1400 by September 28, 2012, TTY (360) 902-1125.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to incorporate amendments and additions to chapter 76.09 RCW that occurred in 2007, 2011, and 2012, into the forest practices rules and to make minor corrections and clarifications.
Reasons Supporting Proposal: Several changes in chapter 76.09 RCW that occurred in 2007, 2011, and 2012 created inconsistencies between forest practices laws and forest practices rules.
| • | The pertinent laws are RCW 76.09.050 (amended in 2011), 76.09.060 (amended in 2007 and 2012), 76.09.240 (amended in 2007), and 76.09.470 (new in 2007). |
| • | The affected rules are in chapters 222-12, 222-16, and 222-20 WAC. |
Statutory Authority for Adoption: RCW 76.09.040.
Statute Being Implemented: RCW 76.09.050, 76.09.060, 76.09.240, and 76.09.470.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Forest practices board, governmental.
Name of Agency Personnel Responsible for Drafting: Gretchen Robinson, 1111 Washington Street S.E., Olympia, (360) 902-1705; Implementation: Marc Engel, 1111 Washington Street S.E., Olympia, (360) 902-1390; and Enforcement: Donelle Mahan, 1111 Washington Street S.E., Olympia, (360) 902-1405.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business impact statement is not required because it does not impose costs on businesses.
A cost-benefit analysis is not required under RCW 34.05.328. This rule proposal is exempt from requirements in RCW 34.05.328 (5)(b)(iii) and (iv) because it incorporates state statutes without material change, corrects certain references to laws and rules, and clarifies language of rules without changing their effect.
August 15, 2012
L. S. Young
Chair
OTS-4935.1
AMENDATORY SECTION(Amending WSR 08-24-011, filed 11/21/08,
effective 12/22/08)
WAC 222-08-032
Function, organization, and office.
(1)
The forest practices board was created by chapter 76.09 RCW to
adopt forest practices rules as described in WAC 222-12-010.
(2) The board's membership as described in RCW 76.09.030(1), consists of thirteen members to include:
(a) The commissioner of public lands or the commissioner's designee;
(b) The director of the department of ((community, trade,
and economic development)) commerce or the director's
designee;
(c) The director of the department of agriculture or the director's designee;
(d) The director of the department of ecology or the director's designee;
(e) The director of the department of fish and wildlife or the director's designee;
(f) An elected member of a county legislative authority appointed by the governor so long as that member serves as an elected official;
(g) A member representing a timber products union, appointed by the governor from a list of three names submitted by a timber labor coalition affiliated with a statewide labor organization that represents a majority of the timber product unions in the state; and
(h) Six members of the general public appointed by the governor, one of whom shall be a small forest landowner who actively manages his or her land, and one of whom shall be an independent logging contractor.
(3) The governor-appointed members are appointed to four-year terms.
(4) The commissioner of public lands or designee shall chair the board.
(5) General public members of the board, except public employees and elected officials, shall be compensated in accordance with RCW 43.03.250. Each member shall be entitled to reimbursement for travel expenses incurred in the performance of their duties as provided in RCW 43.03.050 and 43.03.060.
(6) Staff support is provided to the board as provided in RCW 76.09.030(6). Staff shall perform the following duties under the general authority and supervision of the board:
(a) Act as administrative arm of the board;
(b) Act as records officer to the board;
(c) Coordinate the policies and activities of the board; and
(d) Act as liaison between the board and other public agencies and stakeholders.
(7) The administrative office of the board is located at 1111 Washington Street S.E., Olympia, Washington. The board may sit or hold hearings anywhere in the state. The office hours are 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday, except legal holidays and during board meetings. The board may be contacted at:
Forest Practices Board
c/o Department of Natural Resources
Forest Practices Division
P.O. Box 47012
Olympia, WA 98504-7012
Phone: 360-902-1400
Fax: 360-902-1428
E-mail: forest.practicesboard@dnr.wa.gov
(8) Any person may contact the board as indicated in
subsection (7) of this section to obtain information on board
activities.
[Statutory Authority: RCW 76.09.040. 08-24-011, amended and recodified as § 222-08-032, filed 11/21/08, effective 12/22/08. Statutory Authority: RCW 34.05.220, 42.17.250, 42.17.260, and 76.09.040. 04-05-122, amended and recodified as § 222-08-150, filed 2/18/04, effective 3/20/04. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-08-030, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-08-030, filed 12/20/93, effective 1/1/94; Order 263, § 222-08-030, filed 6/16/76.]
OTS-4936.1
AMENDATORY SECTION(Amending WSR 07-20-044, filed 9/26/07,
effective 10/27/07)
WAC 222-12-035
*Small forest landowner long-term
applications.
In order to facilitate flexibility for small
forest landowners in the timing of their forest practices
activities, the department will receive, and approve or
disapprove, long-term forest practices applications. Small
forest landowners ((as defined in WAC 222-21-010(13))) are
eligible to submit long-term applications unless proposing a
conversion to a use other than commercial timber production.
An approved long-term application will be effective for a term
of ((three)) four to fifteen years at the discretion of the
landowner. These applications may contain alternate plans for
all or portions of the forest land area included in the
long-term application. Alternate plan portions of long-term
applications will be reviewed according to the alternate plan
process described in WAC 222-12-0401. The process for small
forest landowner long-term applications is described in WAC 222-20-016.
[Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-12-035, filed 9/26/07, effective 10/27/07.]
OTS-4937.1
AMENDATORY SECTION(Amending WSR 07-20-044, filed 9/26/07,
effective 10/27/07)
WAC 222-12-0401
*Alternate plans -- Process.
(1)
Application. A landowner may submit an alternate plan that
departs from the specific provisions of chapters 222-22
through 222-38 WAC for any or all of the activities described
in the application. Alternate plans must be submitted with a
((two-year)) three-year, multiyear, or small forest landowner
long-term application. Alternate plans may support a single
forest practices application or multiple applications if the
sites included in the plan have sufficient common physical
characteristics and elements to justify being considered
together. See board manual section 21.
(2) Plan preparation. The landowner is responsible for preparing and submitting an alternate plan. Small forest landowners may wish to seek the assistance of the small forest landowner office. See WAC 222-12-0402.
(3) Contents of alternate plans. Alternate plans must contain all of the following:
(a) A map of the area covered, at a scale acceptable to the department showing the location of any affected streams and other waters, wetlands, unstable slopes, and existing roads. The map must also show the location of proposed road construction, timber harvest, and other forest practices;
(b) A description of how the alternate plan provides public resource protection to meet the approval standard, including a description of the proposed alternate management strategy, prescriptions, and where applicable, aquatic resource enhancements;
(c) A list of the forest practices rules that the alternate management plan is intended to replace;
(d) Where applicable, descriptions of monitoring and adaptive management strategies, including landowner plans for annual performance reviews;
(e) Where applicable, descriptions of an implementation schedule; and
(f) When multiple forest practices applications are submitted with the same alternate plan or when an alternate plan has been used for previous applications, justification that the sites included in the plan share sufficient common physical characteristics and elements to be considered together.
(4) Review of proposed plan. Upon receipt of a forest practices application together with an alternate plan, the department will do all of the following:
(a) Appoint an interdisciplinary team((.));
(b) Establish a deadline for completion of the interdisciplinary team review that is consistent with the requirements of subsection (5) of this rule; and
(c) Within five business days of receipt of an
application with an alternate plan, provide copies of the
application and alternate plan to the departments of ecology
and fish and wildlife, affected Indian tribes, the National
Marine Fisheries Service, the United States Fish and Wildlife
Service, and other parties that have expressed an interest in
alternate plans in the area of the application. If the
landowner is a small forest landowner ((under WAC 222-21-010(13))), copies should also be provided to the small
forest landowners office.
(5) Interdisciplinary team.
(a) The department will determine the members invited to participate on an interdisciplinary team. Teams will include members with the qualifications necessary to evaluate the alternate plan. A representative of any affected Indian tribe, and departments of ecology and fish and wildlife will be invited to participate. Each team will include a representative of the landowner and a professional forester employed by the department and shall be led by a department employee.
(b) The interdisciplinary team will conduct a site visit
and submit a recommendation to the department at least three
days prior to the expiration of the application time limit in
WAC 222-20-020. The interdisciplinary team may submit a
recommendation without a site visit if a small forest
landowner ((under WAC 222-21-010(13))) submitted the alternate
plan using a template contained in board manual section 21 and
is a low impact alternate plan and the team determines a visit
is not necessary to evaluate the site specific application of
a template or a low impact alternate plan.
(c) The recommendation of the interdisciplinary team shall indicate whether the alternate plan meets the approval standard, or what revisions are necessary to meet the approval standard. The team is intended to work with the landowner in an attempt to reach consensus on the efficacy of the alternate plan. In the absence of consensus, the team will forward reports reflecting the majority and minority opinions, or the landowner may elect to withdraw or revise the proposal.
(6) Approval standard. An alternate plan must provide protection for public resources at least equal in overall effectiveness to the protection provided in the act and rules.
(7) Approval, conditions, or disapproval. Upon receipt of the interdisciplinary team's recommendation, the department shall determine whether to approve, disapprove, or condition the application based on the approval standard. The department shall give substantial weight to the recommendations of the interdisciplinary team in cases where a consensus recommendation is forwarded. If the department disapproves or conditions a forest practices application with an alternate plan, the department will provide a written statement to the landowner explaining why the application was conditioned or denied.
[Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-12-0401, filed 9/26/07, effective 10/27/07. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-12-0401, filed 5/30/01, effective 7/1/01.]
OTS-4938.1
AMENDATORY SECTION(Amending WSR 07-20-044, filed 9/26/07,
effective 10/27/07)
WAC 222-12-0402
*Assistance available for small forest
landowners.
(1) The small forest landowner office has been
established within the department to be a resource and focal
point for small forest landowner concerns and policies. ((A
small forest landowner is defined in WAC 222-21-010(13).)) The legislature recognized that the further reduction in
harvestable timber owned by small forest landowners would
further erode small forest landowner's economic viability and
willingness or ability to keep the lands in forestry use, and,
therefore, reduced the amount of habitat available for salmon
recovery and conservation of other aquatic resources. The
legislature has directed that office to assist small forest
landowners in preparing alternate plans appropriate to small
forest landowners. See RCW 76.13.100 and 76.13.110(3).
(2) Small forest landowners interested in alternate plans are encouraged to contact the small forest landowner office for assistance in preparing an alternate plan. The office may provide technical assistance in understanding and using board manual section 21 for alternate plans, assistance in developing an individualized alternate plan for the small forest landowner and facilitation of small forest landowner interactions with the department, other state agencies, federal agencies, affected Indian tribes and the interdisciplinary team that may review the small forest landowner's alternate plan.
[Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-12-0402, filed 9/26/07, effective 10/27/07. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-12-0402, filed 5/30/01, effective 7/1/01.]
OTS-4940.2
AMENDATORY SECTION(Amending WSR 11-12-009, filed 5/20/11,
effective 6/20/11)
WAC 222-16-010
*General definitions.
Unless otherwise
required by context, as used in these rules:
"Act" means the Forest Practices Act, chapter 76.09 RCW.
"Affected Indian tribe" means any federally recognized Indian tribe that requests in writing from the department information on forest practices applications and notification filed on specified areas.
"Alluvial fan" see "sensitive sites" definition.
"Appeals board" means the pollution control hearings board established in RCW 43.21B.010.
"Aquatic resources" means water quality, fish, the Columbia torrent salamander (Rhyacotriton kezeri), the Cascade torrent salamander (Rhyacotriton cascadae), the Olympic torrent salamander (Rhyacotriton olympian), the Dunn's salamander (Plethodon dunni), the Van Dyke's salamander (Plethodon vandyke), the tailed frog (Ascaphus truei) and their respective habitats.
"Area of resource sensitivity" means areas identified in accordance with WAC 222-22-050 (2)(d), 222-22-060(2), or 222-22-090.
"Bankfull depth" means the average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the flood plain or intersect a terrace or hillslope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross-section. (See board manual section 2.)
"Bankfull width" means:
(a) For streams - The measurement of the lateral extent of the water surface elevation perpendicular to the channel at bankfull depth. In cases where multiple channels exist, bankfull width is the sum of the individual channel widths along the cross-section (see board manual section 2).
(b) For lakes, ponds, and impoundments - Line of mean high water.
(c) For tidal water - Line of mean high tide.
(d) For periodically inundated areas of associated wetlands - Line of periodic inundation, which will be found by examining the edge of inundation to ascertain where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland.
"Basal area" means the area in square feet of the cross section of a tree bole measured at 4 1/2 feet above the ground.
"Bedrock hollows" (colluvium-filled bedrock hollows, or hollows; also referred to as zero-order basins, swales, or bedrock depressions) means landforms that are commonly spoon-shaped areas of convergent topography within unchannelled valleys on hillslopes. (See board manual section 16 for identification criteria.)
"Board" means the forest practices board established by the act.
"Bog" means wetlands which have the following characteristics: Hydric organic soils (peat and/or muck) typically 16 inches or more in depth (except over bedrock or hardpan); and vegetation such as sphagnum moss, Labrador tea, bog laurel, bog rosemary, sundews, and sedges; bogs may have an overstory of spruce, western hemlock, lodgepole pine, western red cedar, western white pine, Oregon crabapple, or quaking aspen, and may be associated with open water. This includes nutrient-poor fens. (See board manual section 8.)
"Borrow pit" means an excavation site outside the limits of construction to provide material necessary to that construction, such as fill material for the embankments.
"Bull trout habitat overlay" means those portions of Eastern Washington streams containing bull trout habitat as identified on the department of fish and wildlife's bull trout map. Prior to the development of a bull trout field protocol and the habitat-based predictive model, the "bull trout habitat overlay" map may be modified to allow for locally based corrections using current data, field knowledge, and best professional judgment. A landowner may meet with the departments of natural resources, fish and wildlife and, in consultation with affected tribes and federal biologists, determine whether certain stream reaches have habitat conditions that are unsuitable for supporting bull trout. If such a determination is mutually agreed upon, documentation submitted to the department will result in the applicable stream reaches no longer being included within the definition of bull trout habitat overlay. Conversely, if suitable bull trout habitat is discovered outside the current mapped range, those waters will be included within the definition of "bull trout habitat overlay" by a similar process.
|
"Chemicals" means substances applied to forest lands or timber including pesticides, fertilizers, and other forest chemicals.
"Clearcut" means a harvest method in which the entire stand of trees is removed in one timber harvesting operation. Except as provided in WAC 222-30-110, an area remains clearcut until:
It meets the minimum stocking requirements under WAC 222-34-010(2) or 222-34-020(2); and
The largest trees qualifying for the minimum stocking levels have survived on the area for five growing seasons or, if not, they have reached an average height of four feet.
"Columbia River Gorge National Scenic Area or CRGNSA" means the area established pursuant to the Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544b(a).
"CRGNSA special management area" means the areas designated in the Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544b(b) or revised pursuant to 16 U.S.C. § 544b(c). For purposes of this rule, the special management area shall not include any parcels excluded by 16 U.S.C. § 544f(o).
"CRGNSA special management area guidelines" means the guidelines and land use designations for forest practices developed pursuant to 16 U.S.C. § 544f contained in the CRGNSA management plan developed pursuant to 15 U.S.C. § 544d.
"Commercial tree species" means any species which is capable of producing a merchantable stand of timber on the particular site, or which is being grown as part of a Christmas tree or ornamental tree-growing operation.
"Completion of harvest" means the latest of:
Completion of removal of timber from the portions of forest lands harvested in the smallest logical unit that will not be disturbed by continued logging or an approved slash disposal plan for adjacent areas; or
Scheduled completion of any slash disposal operations where the department and the applicant agree within 6 months of completion of yarding that slash disposal is necessary or desirable to facilitate reforestation and agree to a time schedule for such slash disposal; or
Scheduled completion of any site preparation or rehabilitation of adjoining lands approved at the time of approval of the application or receipt of a notification: Provided, That delay of reforestation under this paragraph is permitted only to the extent reforestation would prevent or unreasonably hinder such site preparation or rehabilitation of adjoining lands.
"Constructed wetlands" means those wetlands voluntarily developed by the landowner. Constructed wetlands do not include wetlands created, restored, or enhanced as part of a mitigation procedure or wetlands inadvertently created as a result of current or past practices including, but not limited to: Road construction, landing construction, railroad construction, or surface mining.
"Contamination" means introducing into the atmosphere, soil, or water, sufficient quantities of substances as may be injurious to public health, safety or welfare, or to domestic, commercial, industrial, agriculture or recreational uses, or to livestock, wildlife, fish or other aquatic life.
"Convergent headwalls" (or headwalls) means teardrop-shaped landforms, broad at the ridgetop and terminating where headwaters converge into a single channel; they are broadly concave both longitudinally and across the slope, but may contain sharp ridges separating the headwater channels. (See board manual section 16 for identification criteria.)
"Conversion activities" means activities associated with conversions of forest land to land uses other than commercial timber operation. These activities may be occurring during or after timber harvest on forest land. They may include but are not limited to the following:
• Preparation for, or installation of, utilities on the forest practices activity site. The development or maintenance of existing rights of way providing utilities exclusively for other ownerships shall not be considered conversions of forest land (see WAC 222-20-010(5)).
• Any of, or any combination of, the following activities in preparation for nonforestry use of the land: Grading, filling, or stump removal.
• Preparation for, or construction of, any structure requiring local government approval.
• Construction of, or improvement of, roads to a standard greater than needed to conduct forest practices activities.
• Clearing for, or expansion of, rock pits for nonforest practices uses or developing surface mines.
"Conversion option harvest plan" means a voluntary plan developed by the landowner and approved by the local governmental entity indicating the limits of harvest areas, road locations, and open space.
"Conversion to a use other than commercial timber operation" means a bona fide conversion to an active use which is incompatible with timber growing.
"Cooperative habitat enhancement agreement (CHEA)" see WAC 222-16-105.
"Critical habitat (federal)" means the habitat of any threatened or endangered species designated as critical habitat by the United States Secretary of the Interior or Commerce under Sections 3 (5)(A) and 4 (a)(3) of the Federal Endangered Species Act.
"Critical habitat (state)" means those habitats designated by the board in accordance with WAC 222-16-080.
"Critical nesting season" means for marbled murrelets - April 1 to August 31.
"Cultural resources" means archaeological and historic sites and artifacts, and traditional religious, ceremonial and social uses and activities of affected Indian tribes.
"Cumulative effects" means the changes to the environment caused by the interaction of natural ecosystem processes with the effects of two or more forest practices.
"Daily peak activity" means for marbled murrelets - One hour before official sunrise to two hours after official sunrise and one hour before official sunset to one hour after official sunset.
"Date of receipt," as that term is defined in RCW 43.21B.001, means:
(a) Five business days after the date of mailing; or
(b) The date of actual receipt, when the actual receipt date can be proven by a preponderance of the evidence. The recipient's sworn affidavit or declaration indicating the date of receipt, which is unchallenged by the department, shall constitute sufficient evidence of actual receipt. The date of actual receipt, however, may not exceed forty-five days from the date of mailing.
"Debris" means woody vegetative residue less than 3 cubic feet in size resulting from forest practices activities which would reasonably be expected to cause significant damage to a public resource.
"Deep-seated landslides" means landslides in which most of the area of the slide plane or zone lies below the maximum rooting depth of forest trees, to depths of tens to hundreds of feet. (See board manual section 16 for identification criteria.)
"Demographic support" means providing sufficient suitable spotted owl habitat within the SOSEA to maintain the viability of northern spotted owl sites identified as necessary to meet the SOSEA goals.
"Department" means the department of natural resources.
"Desired future condition (DFC)" is a reference point on a pathway and not an endpoint for stands. DFC means the stand conditions of a mature riparian forest at 140 years of age, the midpoint between 80 and 200 years. Where basal area is the only stand attribute used to describe 140-year old stands, these are referred to as the "Target Basal Area."
"Diameter at breast height (dbh)" means the diameter of a tree at 4 1/2 feet above the ground measured from the uphill side.
"Dispersal habitat" see WAC 222-16-085(2).
"Dispersal support" means providing sufficient dispersal habitat for the interchange of northern spotted owls within or across the SOSEA, as necessary to meet SOSEA goals. Dispersal support is provided by a landscape consisting of stands of dispersal habitat interspersed with areas of higher quality habitat, such as suitable spotted owl habitat found within RMZs, WMZs or other required and voluntary leave areas.
"Drainage structure" means a construction technique or feature that is built to relieve surface runoff and/or intercepted ground water from roadside ditches to prevent excessive buildup in water volume and velocity. A drainage structure is not intended to carry any typed water. Drainage structures include structures such as: Cross drains, relief culverts, ditch diversions, water bars, or other such structures demonstrated to be equally effective.
"Eastern Washington" means the geographic area in Washington east of the crest of the Cascade Mountains from the international border to the top of Mt. Adams, then east of the ridge line dividing the White Salmon River drainage from the Lewis River drainage and east of the ridge line dividing the Little White Salmon River drainage from the Wind River drainage to the Washington-Oregon state line.
 |
| Timber Habitat Types | Elevation Ranges |
| ponderosa pine | 0 - 2500 feet |
| mixed conifer | 2501 - 5000 feet |
| high elevation | above 5000 feet |
"End hauling" means the removal and transportation of excavated material, pit or quarry overburden, or landing or road cut material from the excavation site to a deposit site not adjacent to the point of removal.
"Equipment limitation zone" means a 30-foot wide zone measured horizontally from the outer edge of the bankfull width of a Type Np or Ns Water. It applies to all perennial and seasonal nonfish bearing streams.
"Erodible soils" means those soils that, when exposed or displaced by a forest practices operation, would be readily moved by water.
"Even-aged harvest methods" means the following harvest methods:
Clearcuts;
Seed tree harvests in which twenty or fewer trees per acre remain after harvest;
Shelterwood regeneration harvests in which twenty or fewer trees per acre remain after harvest;
Group or strip shelterwood harvests creating openings wider than two tree heights, based on dominant trees;
Shelterwood removal harvests which leave fewer than one hundred fifty trees per acre which are at least five years old or four feet in average height;
Partial cutting in which fewer than fifty trees per acre remain after harvest;
Overstory removal when more than five thousand board feet per acre is removed and fewer than fifty trees per acre at least ten feet in height remain after harvest; and
Other harvesting methods designed to manage for multiple age classes in which six or fewer trees per acre remain after harvest.
Except as provided above for shelterwood removal harvests and overstory removal, trees counted as remaining after harvest shall be at least ten inches in diameter at breast height and have at least the top one-third of the stem supporting green, live crowns. Except as provided in WAC 222-30-110, an area remains harvested by even-aged methods until it meets the minimum stocking requirements under WAC 222-34-010(2) or 222-34-020(2) and the largest trees qualifying for the minimum stocking levels have survived on the area for five growing seasons or, if not, they have reached an average height of four feet.
"Fen" means wetlands which have the following characteristics: Peat soils 16 inches or more in depth (except over bedrock); and vegetation such as certain sedges, hardstem bulrush and cattails; fens may have an overstory of spruce and may be associated with open water.
"Fertilizers" means any substance or any combination or mixture of substances used principally as a source of plant food or soil amendment.
"Fill" means the placement of earth material or aggregate for road or landing construction or other similar activities.
"Fish" means for purposes of these rules, species of the vertebrate taxonomic groups of Cephalospidomorphi and Osteichthyes.
"Fish habitat" means habitat, which is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish, which could be recovered by restoration or management and includes off-channel habitat.
"Fish passage barrier" means any artificial in-stream structure that impedes the free passage of fish.
"Flood level - 100 year" means a calculated flood event flow based on an engineering computation of flood magnitude that has a 1 percent chance of occurring in any given year. For purposes of field interpretation, landowners may use the following methods:
Flow information from gauging stations;
Field estimate of water level based on guidance for "Determining the 100-Year Flood Level" in the forest practices board manual section 2.
The 100-year flood level shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or under license from the federal government, the state, or a political subdivision of the state.
"Forest land" means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing. Forest land does not include agricultural land that is or was enrolled in the conservation reserve enhancement program by contract if such agricultural land was historically used for agricultural purposes and the landowner intends to continue to use the land for agricultural purposes in the future. For small forest landowner road maintenance and abandonment planning only, the term "forest land" excludes the following:
(a) Residential home sites. A residential home site may be up to five acres in size, and must have an existing structure in use as a residence;
(b) Cropfields, orchards, vineyards, pastures, feedlots, fish pens, and the land on which appurtenances necessary to the production, preparation, or sale of crops, fruit, dairy products, fish, and livestock exist.
"Forest landowner" means any person in actual control of
forest land, whether such control is based either on legal or
equitable title, or on any other interest entitling the holder
to sell or otherwise dispose of any or all of the timber on
such land in any manner. However, any lessee or other person
in possession of forest land without legal or equitable title
to such land shall be excluded from the definition of "forest
landowner" unless such lessee or other person has the right to
sell or otherwise dispose of any or all of the timber located
on such forest land. ((The following definitions apply only
to road maintenance and abandonment planning:
(1) "Large forest landowner" is a forest landowner who is not a small forest landowner.
(2) "Small forest landowner" is a forest landowner who at the time of submitting a forest practices application or notification meets all of the following conditions:
• Has an average annual timber harvest level of two million board feet or less from their own forest lands in Washington state;
• Did not exceed this annual average harvest level in the three year period before submitting a forest practices application or notification;
• Certifies to the department that they will not exceed this annual harvest level in the ten years after submitting the forest practices application or notification.
However, the department will agree that an applicant is a small forest landowner if the landowner can demonstrate that the harvest levels were exceeded in order to raise funds to pay estate taxes or to meet equally compelling and unexpected obligations such as court-ordered judgments and extraordinary medical expenses.))
"Forest practice" means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber or forest biomass, including but not limited to:
Road and trail construction;
Harvesting, final and intermediate;
Precommercial thinning;
Reforestation;
Fertilization;
Prevention and suppression of diseases and insects;
Salvage of trees; and
Brush control.
"Forest practice" shall not include: Forest species seed orchard operations and intensive forest nursery operations; or preparatory work such as tree marking, surveying and road flagging; or removal or harvest of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber or public resources.
"Forest road" means ways, lanes, roads, or driveways on forest land used since 1974 for forest practices. "Forest road" does not include skid trails, highways, or local government roads except where the local governmental entity is a forest landowner. For road maintenance and abandonment planning purposes only, "forest road" does not include forest roads used exclusively for residential access located on a small forest landowner's forest land.
"Forest trees" does not include hardwood trees cultivated by agricultural methods in growing cycles shorter than 15 years if the trees were planted on land that was not in forest use immediately before the trees were planted and before the land was prepared for planting the trees. "Forest trees" includes Christmas trees but does not include Christmas trees that are cultivated by agricultural methods, as that term is defined in RCW 84.33.035.
"Full bench road" means a road constructed on a side hill without using any of the material removed from the hillside as a part of the road. This construction technique is usually used on steep or unstable slopes.
"Green recruitment trees" means those trees left after harvest for the purpose of becoming future wildlife reserve trees under WAC 222-30-020(11).
"Ground water recharge areas for glacial deep-seated slides" means the area upgradient that can contribute water to the landslide, assuming that there is an impermeable perching layer in or under a deep-seated landslide in glacial deposits. (See board manual section 16 for identification criteria.)
"Headwater spring" means a permanent spring at the head of a perennial channel. Where a headwater spring can be found, it will coincide with the uppermost extent of Type Np Water.
"Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any tree, bush, weed or algae and other aquatic weeds.
"Horizontal distance" means the distance between two points measured at a zero percent slope.
"Hyporheic" means an area adjacent to and below channels where interstitial water is exchanged with channel water and water movement is mainly in the downstream direction.
"Identified watershed processes" means the following components of natural ecological processes that may in some instances be altered by forest practices in a watershed:
Mass wasting;
Surface and road erosion;
Seasonal flows including hydrologic peak and low flows and annual yields (volume and timing);
Large organic debris;
Shading; and
Stream bank and bed stability.
"Inner gorges" means canyons created by a combination of the downcutting action of a stream and mass movement on the slope walls; they commonly show evidence of recent movement, such as obvious landslides, vertical tracks of disturbance vegetation, or areas that are concave in contour and/or profile. (See board manual section 16 for identification criteria.)
"Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insect, other arthropods or mollusk pests.
"Interdisciplinary team" (ID Team) means a group of varying size comprised of individuals having specialized expertise, assembled by the department to respond to technical questions associated with a proposed forest practices activity.
"Islands" means any island surrounded by salt water in Kitsap, Mason, Jefferson, Pierce, King, Snohomish, Skagit, Whatcom, Island, or San Juan counties.
"Limits of construction" means the area occupied by the completed roadway or landing, including the cut bank, fill slope, and the area cleared for the purpose of constructing the roadway or landing.
"Load bearing portion" means that part of the road, landing, etc., which is supportive soil, earth, rock or other material directly below the working surface and only the associated earth structure necessary for support.
"Local governmental entity" means the governments of counties and the governments of cities and towns as defined in chapter 35.01 RCW.
"Low impact harvest" means use of any logging equipment, methods, or systems that minimize compaction or disturbance of soils and vegetation during the yarding process. The department shall determine such equipment, methods or systems in consultation with the department of ecology.
"Marbled murrelet detection area" means an area of land associated with a visual or audible detection of a marbled murrelet, made by a qualified surveyor which is documented and recorded in the department of fish and wildlife data base. The marbled murrelet detection area shall be comprised of the section of land in which the marbled murrelet detection was made and the eight sections of land immediately adjacent to that section.
 |
"Median home range circle" means a circle, with a specified radius, centered on a spotted owl site center. The radius for the median home range circle in the Hoh-Clearwater/Coastal Link SOSEA is 2.7 miles; for all other SOSEAs the radius is 1.8 miles.
"Merchantable stand of timber" means a stand of trees that will yield logs and/or fiber:
Suitable in size and quality for the production of lumber, plywood, pulp or other forest products;
Of sufficient value at least to cover all the costs of harvest and transportation to available markets.
"Multiyear permit" means a permit to conduct forest
practices which is effective for longer than ((two)) three
years but no longer than five years.
"Northern spotted owl site center" means the location of status 1, 2 or 3 northern spotted owls based on the following definitions:
| Status 1: | Pair or reproductive - A male and female heard and/or observed in close proximity to each other on the same visit, a female detected on a nest, or one or both adults observed with young. |
| Status 2: | Two birds, pair status unknown - The presence or response of two birds of opposite sex where pair status cannot be determined and where at least one member meets the resident territorial single requirements. |
| Status 3: | Resident territorial single - The presence or response of a single owl within the same general area on three or more occasions within a breeding season with no response by an owl of the opposite sex after a complete survey; or three or more responses over several years (i.e., two responses in year one and one response in year two, for the same general area). |
"Notice of a conversion to a nonforestry use" means a notice issued by the department pursuant to RCW 76.09.060 (3)(b). A landowner who receives such notice is subject to the actions and requirements described in RCW 76.09.460 and 76.09.470.
"Notice to comply" means a notice issued by the department pursuant to RCW 76.09.090 of the act and may require initiation and/or completion of action necessary to prevent, correct and/or compensate for material damage to public resources which resulted from forest practices.
"Occupied marbled murrelet site" means:
(1) A contiguous area of suitable marbled murrelet habitat where at least one of the following marbled murrelet behaviors or conditions occur:
(a) A nest is located; or
(b) Downy chicks or eggs or egg shells are found; or
(c) Marbled murrelets are detected flying below, through, into or out of the forest canopy; or
(d) Birds calling from a stationary location within the area; or
(e) Birds circling above a timber stand within one tree height of the top of the canopy; or
(2) A contiguous forested area, which does not meet the definition of suitable marbled murrelet habitat, in which any of the behaviors or conditions listed above has been documented by the department of fish and wildlife and which is distinguishable from the adjacent forest based on vegetative characteristics important to nesting marbled murrelets.
(3) For sites defined in (1) and (2) above, the sites will be presumed to be occupied based upon observation of circling described in (1)(e), unless a two-year survey following the 2003 Pacific Seabird Group (PSG) protocol has been completed and an additional third-year of survey following a method listed below is completed and none of the behaviors or conditions listed in (1)(a) through (d) of this definition are observed. The landowner may choose one of the following methods for the third-year survey:
(a) Conduct a third-year survey with a minimum of nine visits conducted in compliance with 2003 PSG protocol. If one or more marbled murrelets are detected during any of these nine visits, three additional visits conducted in compliance with the protocol of the first nine visits shall be added to the third-year survey. Department of fish and wildlife shall be consulted prior to initiating third-year surveys; or
(b) Conduct a third-year survey designed in consultation with the department of fish and wildlife to meet site specific conditions.
(4) For sites defined in (1) above, the outer perimeter of the occupied site shall be presumed to be the closer, measured from the point where the observed behaviors or conditions listed in (1) above occurred, of the following:
(a) 1.5 miles from the point where the observed behaviors or conditions listed in (1) above occurred; or
(b) The beginning of any gap greater than 300 feet wide lacking one or more of the vegetative characteristics listed under "suitable marbled murrelet habitat"; or
(c) The beginning of any narrow area of "suitable marbled murrelet habitat" less than 300 feet in width and more than 300 feet in length.
(5) For sites defined under (2) above, the outer perimeter of the occupied site shall be presumed to be the closer, measured from the point where the observed behaviors or conditions listed in (1) above occurred, of the following:
(a) 1.5 miles from the point where the observed behaviors or conditions listed in (1) above occurred; or
(b) The beginning of any gap greater than 300 feet wide lacking one or more of the distinguishing vegetative characteristics important to murrelets; or
(c) The beginning of any narrow area of suitable marbled murrelet habitat, comparable to the area where the observed behaviors or conditions listed in (1) above occurred, less than 300 feet in width and more than 300 feet in length.
(6) In determining the existence, location and status of occupied marbled murrelet sites, the department shall consult with the department of fish and wildlife and use only those sites documented in substantial compliance with guidelines or protocols and quality control methods established by and available from the department of fish and wildlife.
"Old forest habitat" see WAC 222-16-085 (1)(a).
"Operator" means any person engaging in forest practices except an employee with wages as his/her sole compensation.
"Ordinary high-water mark" means the mark on the shores of all waters, which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation: Provided, That in any area where the ordinary high-water mark cannot be found, the ordinary high-water mark adjoining saltwater shall be the line of mean high tide and the ordinary high-water mark adjoining freshwater shall be the line of mean high-water.
"Other forest chemicals" means fire retardants when used to control burning (other than water), nontoxic repellents, oil, dust-control agents (other than water), salt, and other chemicals used in forest management, except pesticides and fertilizers, that may present hazards to the environment.
"Park" means any park included on the parks register maintained by the department pursuant to WAC 222-20-100(2). Developed park recreation area means any park area developed for high density outdoor recreation use.
"Partial cutting" means the removal of a portion of the merchantable volume in a stand of timber so as to leave an uneven-aged stand of well-distributed residual, healthy trees that will reasonably utilize the productivity of the soil. Partial cutting does not include seedtree or shelterwood or other types of regeneration cutting.
"Pesticide" means any insecticide, herbicide, fungicide, or rodenticide, but does not include nontoxic repellents or other forest chemicals.
"Plantable area" is an area capable of supporting a commercial stand of timber excluding lands devoted to permanent roads, utility rights of way, that portion of riparian management zones where scarification is not permitted, and any other area devoted to a use incompatible with commercial timber growing.
"Power equipment" means all machinery operated with fuel burning or electrical motors, including heavy machinery, chain saws, portable generators, pumps, and powered backpack devices.
"Preferred tree species" means the following species listed in descending order of priority for each timber habitat type:
| Ponderosa pine habitat type |
Mixed conifer habitat type |
| all hardwoods | all hardwoods |
| ponderosa pine | western larch |
| western larch | ponderosa pine |
| Douglas-fir | western red cedar |
| western red cedar | western white pine |
| Douglas-fir | |
| lodgepole pine |
"Qualified surveyor" means an individual who has successfully completed the marbled murrelet field training course offered by the department of fish and wildlife or its equivalent.
"Rehabilitation" means the act of renewing, or making usable and reforesting forest land which was poorly stocked or previously nonstocked with commercial species.
"Resource characteristics" means the following specific measurable characteristics of fish, water, and capital improvements of the state or its political subdivisions:
For fish and water:
Physical fish habitat, including temperature and turbidity;
Turbidity in hatchery water supplies; and
Turbidity and volume for areas of water supply.
For capital improvements of the state or its political subdivisions:
Physical or structural integrity.
If the methodology is developed and added to the manual to analyze the cumulative effects of forest practices on other characteristics of fish, water, and capital improvements of the state or its subdivisions, the board shall amend this list to include these characteristics.
"Riparian function" includes bank stability, the recruitment of woody debris, leaf litter fall, nutrients, sediment filtering, shade, and other riparian features that are important to both riparian forest and aquatic system conditions.
"Riparian management zone (RMZ)" means:
(1) For Western Washington
(a) The area protected on each side of a Type S or F Water measured horizontally from the outer edge of the bankfull width or the outer edge of the CMZ, whichever is greater (see table below); and
| Site Class | Western Washington Total RMZ Width |
| I | 200' |
| II | 170' |
| III | 140' |
| IV | 110' |
| V | 90' |
(2) For Eastern Washington
(a) The area protected on each side of a Type S or F Water measured horizontally from the outer edge of the bankfull width or the outer edge of the CMZ, whichever is greater (see table below); and
| Site Class | Eastern Washington Total RMZ Width |
| I | 130' |
| II | 110' |
| III | 90' or 100'* |
| IV | 75' or 100'* |
| V | 75' or 100'* |
| * | Dependent upon stream size. (See WAC 222-30-022.) |
(3) For exempt 20 acre parcels, a specified area alongside Type S and F Waters where specific measures are taken to protect water quality and fish and wildlife habitat.
"RMZ core zone" means:
(1) For Western Washington, the 50 foot buffer of a Type S or F Water, measured horizontally from the outer edge of the bankfull width or the outer edge of the channel migration zone, whichever is greater. (See WAC 222-30-021.)
(2) For Eastern Washington, the thirty foot buffer of a Type S or F Water, measured horizontally from the outer edge of the bankfull width or the outer edge of the channel migration zone, whichever is greater. (See WAC 222-30-022.)
"RMZ inner zone" means:
(1) For Western Washington, the area measured horizontally from the outer boundary of the core zone of a Type S or F Water to the outer limit of the inner zone. The outer limit of the inner zone is determined based on the width of the affected water, site class and the management option chosen for timber harvest within the inner zone. (See WAC 222-30-021.)
(2) For Eastern Washington, the area measured horizontally from the outer boundary of the core zone 45 feet (for streams less than 15 feet wide) or 70 feet (for streams more than 15 feet wide) from the outer boundary of the core zone. (See WAC 222-30-022.)
"RMZ outer zone" means the area measured horizontally between the outer boundary of the inner zone and the RMZ width as specified in the riparian management zone definition above. RMZ width is measured from the outer edge of the bankfull width or the outer edge of the channel migration zone, whichever is greater. (See WAC 222-30-021 and 222-30-022.)
"Road construction" means either of the following:
(a) Establishing any new forest road;
(b) Road work located outside an existing forest road prism, except for road maintenance.
"Road maintenance" means either of the following:
(a) All road work located within an existing forest road prism;
(b) Road work located outside an existing forest road prism specifically related to maintaining water control, road safety, or visibility, such as:
• Maintaining, replacing, and installing drainage structures;
• Controlling road-side vegetation;
• Abandoning forest roads according to the process outlined in WAC 222-24-052(3).
"Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents or any other vertebrate animal which the director of the state department of agriculture may declare by regulation to be a pest.
"Salvage" means the removal of snags, down logs, windthrow, or dead and dying material.
"Scarification" means loosening the topsoil and/or disrupting the forest floor in preparation for regeneration.
"Sensitive sites" are areas near or adjacent to Type Np Water and have one or more of the following:
(1) Headwall seep is a seep located at the toe of a cliff or other steep topographical feature and at the head of a Type Np Water which connects to the stream channel network via overland flow, and is characterized by loose substrate and/or fractured bedrock with perennial water at or near the surface throughout the year.
(2) Side-slope seep is a seep within 100 feet of a Type Np Water located on side-slopes which are greater than 20 percent, connected to the stream channel network via overland flow, and characterized by loose substrate and fractured bedrock, excluding muck with perennial water at or near the surface throughout the year. Water delivery to the Type Np channel is visible by someone standing in or near the stream.
(3) Type Np intersection is the intersection of two or more Type Np Waters.
(4) Headwater spring means a permanent spring at the head of a perennial channel. Where a headwater spring can be found, it will coincide with the uppermost extent of Type Np Water.
(5) Alluvial fan means a depositional land form consisting of cone-shaped deposit of water-borne, often coarse-sized sediments.
(a) The upstream end of the fan (cone apex) is typically characterized by a distinct increase in channel width where a stream emerges from a narrow valley;
(b) The downstream edge of the fan is defined as the sediment confluence with a higher order channel; and
(c) The lateral margins of a fan are characterized by distinct local changes in sediment elevation and often show disturbed vegetation.
Alluvial fan does not include features that were formed under climatic or geologic conditions which are not currently present or that are no longer dynamic.
"Shorelines of the state" shall have the same meaning as in RCW 90.58.030 (Shoreline Management Act).
"Side casting" means the act of moving excavated material to the side and depositing such material within the limits of construction or dumping over the side and outside the limits of construction.
"Site class" means a grouping of site indices that are used to determine the 50-year or 100-year site class. In order to determine site class, the landowner will obtain the site class index from the state soil survey, place it in the correct index range shown in the two tables provided in this definition, and select the corresponding site class. The site class will then drive the RMZ width. (See WAC 222-30-021 and 222-30-022.)
(1) For Western Washington
| Site class | 50-year site index range (state soil survey) |
| I | 137+ |
| II | 119-136 |
| III | 97-118 |
| IV | 76-96 |
| V | <75 |
| Site class | 100-year site
index range (state soil survey) |
50-year site index range (state soil survey) |
| I | 120+ | 86+ |
| II | 101-120 | 72-85 |
| III | 81-100 | 58-71 |
| IV | 61-80 | 44-57 |
| V | ≤60 | <44 |
(a) If the site index in the soil survey is for red alder, and the whole RMZ width is within that site index, then use site class V. If the red alder site index is only for a portion of the RMZ width, or there is on-site evidence that the site has historically supported conifer, then use the site class for conifer in the most physiographically similar adjacent soil polygon.
(b) In Western Washington, if no site index is reported in the soil survey, use the site class for conifer in the most physiographically similar adjacent soil polygon.
(c) In Eastern Washington, if no site index is reported in the soil survey, assume site class III, unless site specific information indicates otherwise.
(d) If the site index is noncommercial or marginally commercial, then use site class V.
See also section 7 of the board manual.
"Site preparation" means those activities associated with the removal of slash in preparing a site for planting and shall include scarification and/or slash burning.
"Skid trail" means a route used by tracked or wheeled skidders to move logs to a landing or road.
"Slash" means pieces of woody material containing more than 3 cubic feet resulting from forest practices activities.
"Small forest landowner" means an owner of forest land who, at the time of submission of required documentation to the department:
• Has harvested no more than an average timber volume of two million board feet per year from their own forest lands in Washington state during the three years prior to submitting required documentation; and
• Certifies they do not expect to exceed that average timber volume for ten years after the department receives the required documentation.
However, a landowner who exceeded or expects to exceed those harvest limits may still be deemed a small forest landowner under circumstances described in RCW 76.09.450.
"Small forest landowner long-term application" means a
proposal from a small forest landowner to conduct forest
practices activities for terms of ((three)) four to fifteen
years. Small forest landowners ((as defined in WAC 222-21-010(13))) are eligible to submit long-term applications
if they meet the definition of "small forest landowner."
"SOSEA goals" means the goals specified for a spotted owl special emphasis area as identified on the SOSEA maps (see WAC 222-16-086). SOSEA goals provide for demographic and/or dispersal support as necessary to complement the northern spotted owl protection strategies on federal land within or adjacent to the SOSEA.
"Spoil" means excess material removed as overburden or generated during road or landing construction which is not used within limits of construction.
"Spotted owl conservation advisory group" means a three-person advisory group designated by the board as follows: One person shall be a representative of Washington's forest products industry, one person shall be a representative of a Washington-based conservation organization actively involved with spotted owl conservation, and one person shall be a representative of the department's forest practices program. Members of the group shall have a detailed working knowledge of spotted owl habitat relationships and factors affecting northern spotted owl conservation. On an annual basis, beginning November 2010, the board will determine whether this group's function continues to be needed for spotted owl conservation.
"Spotted owl dispersal habitat" see WAC 222-16-085(2).
"Spotted owl special emphasis areas (SOSEA)" means the geographic areas as mapped in WAC 222-16-086. Detailed maps of the SOSEAs indicating the boundaries and goals are available from the department at its regional offices.
"Stop work order" means the "stop work order" defined in RCW 76.09.080 of the act and may be issued by the department to stop violations of the forest practices chapter or to prevent damage and/or to correct and/or compensate for damages to public resources resulting from forest practices.
"Stream-adjacent parallel roads" means roads (including associated right of way clearing) in a riparian management zone on a property that have an alignment that is parallel to the general alignment of the stream, including roads used by others under easements or cooperative road agreements. Also included are stream crossings where the alignment of the road continues to parallel the stream for more than 250 feet on either side of the stream. Not included are federal, state, county or municipal roads that are not subject to forest practices rules, or roads of another adjacent landowner.
"Sub-mature habitat" see WAC 222-16-085 (1)(b).
"Suitable marbled murrelet habitat" means a contiguous forested area containing trees capable of providing nesting opportunities:
(1) With all of the following indicators unless the department, in consultation with the department of fish and wildlife, has determined that the habitat is not likely to be occupied by marbled murrelets:
(a) Within 50 miles of marine waters;
(b) At least forty percent of the dominant and codominant trees are Douglas-fir, western hemlock, western red cedar or sitka spruce;
(c) Two or more nesting platforms per acre;
(d) At least 7 acres in size, including the contiguous forested area within 300 feet of nesting platforms, with similar forest stand characteristics (age, species composition, forest structure) to the forested area in which the nesting platforms occur.
"Suitable spotted owl habitat" see WAC 222-16-085(1).
"Temporary road" means a forest road that is constructed and intended for use during the life of an approved forest practices application/notification. All temporary roads must be abandoned in accordance to WAC 222-24-052(3).
"Threaten public safety" means to increase the risk to the public at large from snow avalanches, identified in consultation with the department of transportation or a local government, or landslides or debris torrents caused or triggered by forest practices.
"Threatened or endangered species" means all species of wildlife listed as "threatened" or "endangered" by the United States Secretary of the Interior or Commerce, and all species of wildlife designated as "threatened" or "endangered" by the Washington fish and wildlife commission.
"Timber" means forest trees, standing or down, of a commercial species, including Christmas trees. However, timber does not include Christmas trees that are cultivated by agricultural methods, as that term is defined in RCW 84.33.035.
"Unconfined stream" see WAC 222-23-010(2).
"Validation," as used in WAC 222-20-016, means the department's agreement that a small forest landowner has correctly identified and classified resources, and satisfactorily completed a roads assessment for the geographic area described in Step 1 of a long-term application.
"Water bar" means a diversion ditch and/or hump in a trail or road for the purpose of carrying surface water runoff into the vegetation duff, ditch, or other dispersion area so that it does not gain the volume and velocity which causes soil movement and erosion.
"Watershed administrative unit (WAU)" means an area shown on the map specified in WAC 222-22-020(1).
"Watershed analysis" means, for a given WAU, the resource assessment completed under WAC 222-22-050 or 222-22-060 together with the prescriptions selected under WAC 222-22-080 and shall include resource assessments completed under WAC 222-22-050 where there are no areas of resource sensitivity and the ongoing reviews and reanalyses completed under WAC 222-22-090.
"Weed" is any plant which tends to overgrow or choke out more desirable vegetation.
"Western Washington" means the geographic area of Washington west of the Cascade crest and the drainages defined in Eastern Washington.
"Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, such as swamps, bogs, fens, and similar areas. This includes wetlands created, restored, or enhanced as part of a mitigation procedure. This does not include constructed wetlands or the following surface waters of the state intentionally constructed from wetland sites: Irrigation and drainage ditches, grass lined swales, canals, agricultural detention facilities, farm ponds, and landscape amenities.
"Wetland functions" include the protection of water quality and quantity, providing fish and wildlife habitat, and the production of timber.
"Wetland management zone" means a specified area adjacent to Type A and B Wetlands where specific measures are taken to protect the wetland functions.
"Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. The term "wildlife" includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development. The term "wildlife" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).
"Wildlife reserve trees" means those defective, dead, damaged, or dying trees which provide or have the potential to provide habitat for those wildlife species dependent on standing trees. Wildlife reserve trees are categorized as follows:
Type 1 wildlife reserve trees are defective or deformed live trees that have observably sound tops, limbs, trunks, and roots. They may have part of the top broken out or have evidence of other severe defects that include: "Cat face," animal chewing, old logging wounds, weather injury, insect attack, or lightning strike. Unless approved by the landowner, only green trees with visible cavities, nests, or obvious severe defects capable of supporting cavity dependent species shall be considered as Type 1 wildlife reserve trees. These trees must be stable and pose the least hazard for workers.
Type 2 wildlife reserve trees are dead Type 1 trees with sound tops, limbs, trunks, and roots.
Type 3 wildlife reserve trees are live or dead trees with unstable tops or upper portions. Unless approved by the landowner, only green trees with visible cavities, nests, or obvious severe defects capable of supporting cavity dependent species shall be considered as Type 3 wildlife reserve trees. Although the roots and main portion of the trunk are sound, these reserve trees pose high hazard because of the defect in live or dead wood higher up in the tree.
Type 4 wildlife reserve trees are live or dead trees with unstable trunks or roots, with or without bark. This includes "soft snags" as well as live trees with unstable roots caused by root rot or fire. These trees are unstable and pose a high hazard to workers.
"Windthrow" means a natural process by which trees are uprooted or sustain severe trunk damage by the wind.
"Yarding corridor" means a narrow, linear path through a riparian management zone to allow suspended cables necessary to support cable logging methods or suspended or partially suspended logs to be transported through these areas by cable logging methods.
"Young forest marginal habitat" see WAC 222-16-085 (1)(b).
[Statutory Authority: RCW 76.09.040. 11-12-009, § 222-16-010, filed 5/20/11, effective 6/20/11; 10-23-077, § 222-16-010, filed 11/15/10, effective 12/16/10; 10-11-081, § 222-16-010, filed 5/17/10, effective 6/17/10; 08-17-092, § 222-16-010, filed 8/19/08, effective 9/19/08; 08-06-039, § 222-16-010, filed 2/27/08, effective 3/29/08. Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-16-010, filed 9/26/07, effective 10/27/07. Statutory Authority: [RCW 76.09.040]. 06-17-128, § 222-16-010, filed 8/21/06, effective 9/21/06; 06-11-112, § 222-16-010, filed 5/18/06, effective 6/18/06; 05-12-119, § 222-16-010, filed 5/31/05, effective 7/1/05; 04-05-087, § 222-16-010, filed 2/17/04, effective 3/19/04. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-16-010, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 98-07-047, § 222-16-010, filed 3/13/98, effective 5/1/98; 97-24-091, § 222-16-010, filed 12/3/97, effective 1/3/98; 97-15-105, § 222-16-010, filed 7/21/97, effective 8/21/97. Statutory Authority: Chapters 76.09 and 34.05 RCW. 96-12-038, § 222-16-010, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 94-17-033, § 222-16-010, filed 8/10/94, effective 8/13/94; 93-12-001, § 222-16-010, filed 5/19/93, effective 6/19/93. Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW. 92-15-011, § 222-16-010, filed 7/2/92, effective 8/2/92. Statutory Authority: RCW 76.09.040, 76.09.050 and 34.05.350. 92-03-028, § 222-16-010, filed 1/8/92, effective 2/8/92; 91-23-052, § 222-16-010, filed 11/15/91, effective 12/16/91. Statutory Authority: RCW 76.09.040. 88-19-112 (Order 551, Resolution No. 88-1), § 222-16-010, filed 9/21/88, effective 11/1/88; 87-23-036 (Order 535), § 222-16-010, filed 11/16/87, effective 1/1/88. Statutory Authority: RCW 76.09.040 and 76.09.050. 82-16-077 (Resolution No. 82-1), § 222-16-010, filed 8/3/82, effective 10/1/82; Order 263, § 222-16-010, filed 6/16/76.]
OTS-4939.3
AMENDATORY SECTION(Amending WSR 11-12-009, filed 5/20/11,
effective 6/20/11)
WAC 222-16-050
*Classes of forest practices.
There are
four classes of forest practices created by the act. All
forest practices (including those in Classes I and II) on
nonfederal lands must be conducted in accordance with the
forest practices rules. The department determines the
classification of each forest practices proposal.
(1) "Class IV(( - ))-special." Except as provided in WAC 222-16-051, application to conduct forest practices involving
the following circumstances requires an environmental
checklist in compliance with the State Environmental Policy
Act (SEPA), and SEPA guidelines, as they have been determined
to have potential for a substantial impact on the environment.
It may be determined that additional information or a
detailed environmental statement is required before these
forest practices may be conducted.
*(a) Aerial application of pesticides in a manner identified as having the potential for a substantial impact on the environment under WAC 222-16-070 or ground application of a pesticide within a Type A or B wetland.
(b) Specific forest practices listed in WAC 222-16-080 on lands designated as critical habitat (state) of threatened or endangered species.
(c) Harvesting, road construction, aerial application of pesticides and site preparation on all lands within the boundaries of any national park, state park, or any park of a local governmental entity, except harvest of less than five MBF within any developed park recreation area and park managed salvage of merchantable forest products.
*(d) Timber harvest, or construction of roads, landings, gravel pits, rock quarries, or spoil disposal areas, on potentially unstable slopes or landforms described in (i) below that has the potential to deliver sediment or debris to a public resource or that has the potential to threaten public safety, and which has been field verified by the department (see WAC 222-10-030 SEPA policies for potential unstable slopes and landforms).
(i) For the purpose of this rule, potentially unstable slopes or landforms are one of the following: (See board manual section 16 for more descriptive definitions.)
(A) Inner gorges, convergent headwalls, or bedrock hollows with slopes steeper than thirty-five degrees (seventy percent);
(B) Toes of deep-seated landslides, with slopes steeper than thirty-three degrees (sixty-five percent);
(C) Groundwater recharge areas for glacial deep-seated landslides;
(D) Outer edges of meander bends along valley walls or high terraces of an unconfined meandering stream; or
(E) Any areas containing features indicating the presence of potential slope instability which cumulatively indicate the presence of unstable slopes.
(ii) The department will base its classification of the application or notification on professional knowledge of the area, information such as soils, geologic or hazard zonation maps and reports, review of approved watershed analysis mass wasting prescriptions according to WAC 222-22-090(6) or other information provided by the applicant.
(iii) An application would not be classified as Class IV-special for potentially unstable slopes or landforms under this subsection if:
(A) The proposed forest practice is located within a watershed administrative unit (WAU) that is subject to an approved watershed analysis;
(B) The forest practices are to be conducted in accordance with approved prescriptions from the watershed analysis; and
(C) The applicable prescriptions are specific to the site or situation, as opposed to a prescription that calls for additional analysis. The need for an expert to determine whether the site contains specific landforms will not be considered "additional analysis," as long as specific prescriptions are established for such landforms.
*(e) Timber harvest, in a ((watershed administrative
unit)) WAU not subject to an approved watershed analysis under
chapter 222-22 WAC, construction of roads, landings, rock
quarries, gravel pits, borrow pits, and spoil disposal areas
on snow avalanche slopes within those areas designated by the
department, in consultation with department of transportation
and local government, as high avalanche hazard where there is
the potential to deliver sediment or debris to a public
resource, or the potential to threaten public safety.
(f) Timber harvest or construction of roads, landings, rock quarries, gravel pits, borrow pits, and spoil disposal areas on the following except in (f)(iv) of this subsection:
(i) Archaeological sites or historic archaeological resources as defined in RCW 27.53.030; or
(ii) Historic sites eligible for listing on the National Register of Historic Places or the Washington Heritage Register as determined by the Washington state department of archaeology and historic preservation; or
(iii) Sites containing evidence of Native American cairns, graves, or glyptic records as provided for in chapters 27.44 and 27.53 RCW. The department of archaeology and historic preservation shall consult with affected Indian tribes in identifying such sites.
(iv) A forest practice would not be classified as Class IV-special under this subsection if:
(A) Cultural resources management strategies from an approved watershed analysis conducted under chapter 222-22 WAC are part of the proposed forest practices, and the landowner states this in the application; or
(B) A management plan agreed to by the landowner, the affected Indian tribe, and the department of archaeology and historic preservation is part of the proposed application, and the landowner states this in the application.
*(g) Forest practices subject to an approved watershed analysis conducted under chapter 222-22 WAC in an area of resource sensitivity identified in that analysis which deviates from the prescriptions (which may include an alternate plan).
*(h) Filling or draining of more than 0.5 acre of a wetland.
(2) "Class IV(( - ))-general." Applications involving
the following circumstances are (("))Class IV(( - ))-general((")) forest practices unless they are listed in
(("))Class IV(( - ))-special.((")) Forest practices
applications classified Class IV-general are subject to the
SEPA review process described in subsection (1) of this
section.
(a) ((Forest practices (other than those in Class I) on
lands platted after January 1, 1960, as provided in chapter 58.17 RCW;
(b))) Forest practices (other than those in Class I) on
lands that ((have been or)) are being converted to another
use;
(((c))) (b) Forest practices ((which)) that would
otherwise be Class III, but ((which)) are taking place on
lands ((which)) that are not to be reforested because of
likelihood of future conversion to urban development (see WAC 222-16-060 and 222-34-050); or
(((d))) (c) Where the regulatory authority for forest
practices has not been transferred from the department to the
local governmental entity pursuant to RCW 76.09.240(1), forest
practices involving timber harvesting or road construction on
lands that are contained within urban growth areas, designated
pursuant to chapter 36.70A RCW, except where the forest
landowner provides one of the following:
(i) A written statement of intent signed by the forest
landowner not to convert to a use other than commercial
((forest products)) timber operations for ten years. This
statement must be accompanied by either a written forest
management plan acceptable to the department or documentation
that the land is enrolled under the provisions of chapter
84.33 or 84.34 RCW; or
(ii) A conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the application.
Upon receipt of an application, the department will
determine the lead agency for purposes of compliance with
((the)) SEPA pursuant to WAC 197-11-924 and 197-11-938(4) and
RCW 43.21C.037(2). Such applications are subject to a
thirty-day period for approval unless the lead agency
determines a detailed statement under RCW 43.21C.030 (2)(c) is
required. Upon receipt, if the department determines the
application is for a proposal that will require a ((license))
permit from a ((county/city)) local governmental entity acting
under the powers enumerated in RCW 76.09.240, the department
shall notify the applicable ((county/city)) local governmental
entity under WAC 197-11-924 that the department has determined
according to WAC 197-11-938(4) that the ((county/city)) local
governmental entity is the lead agency for purposes of
compliance with the SEPA.
(3) "Class I." ((Those)) Operations that have been
determined to have no direct potential for damaging a public
resource are Class I forest practices. When the conditions
listed in (("))Class IV(( - ))-special((")) are not present,
these operations may be commenced without notification or
application.
(a) Culture and harvest of Christmas trees and seedlings.
*(b) Road maintenance except: Replacement of bridges and culverts across Type S, F or flowing Type Np Waters; or movement of material that has a direct potential for entering Type S, F or flowing Type Np Waters or Type A or B Wetlands.
*(c) Construction of landings less than one acre in size, if not within a shoreline area of a Type S Water, the riparian management zone of a Type F Water, the bankfull width of a Type Np Water, a wetland management zone, a wetland, or the CRGNSA special management area.
*(d) Construction of less than six hundred feet of road on a sideslope of forty percent or less if the limits of construction are not within the shoreline area of a Type S Water, the riparian management zone of a Type F Water, the bankfull width of a Type Np Water, a wetland management zone, a wetland, or the CRGNSA special management area.
*(e) Installation or removal of a portable water crossing structure where such installation does not take place within the shoreline area of a Type S Water and does not involve disturbance of the beds or banks of any waters.
*(f) Initial installation and replacement of relief culverts and other drainage control facilities not requiring a hydraulic permit.
(g) Rocking an existing road.
(h) Loading and hauling timber from landings or decks.
(i) Precommercial thinning and pruning, if not within the CRGNSA special management area.
(j) Tree planting and seeding.
(k) Cutting and/or removal of less than five thousand board feet of timber (including live, dead and down material) for personal use (i.e., firewood, fence posts, etc.) in any twelve-month period, if not within the CRGNSA special management area.
(l) Emergency fire control and suppression.
(m) Slash burning pursuant to a burning permit (RCW 76.04.205).
*(n) Other slash control and site preparation not involving either off-road use of tractors on slopes exceeding forty percent or off-road use of tractors within the shorelines of a Type S Water, the riparian management zone of any Type F Water, or the bankfull width of a Type Np Water, a wetland management zone, a wetland, or the CRGNSA special management area.
*(o) Ground application of chemicals, if not within the
CRGNSA special management area. ((())See WAC 222-38-020 and
222-38-030.(()))
*(p) Aerial application of chemicals (except insecticides), outside of the CRGNSA special management area when applied to not more than forty contiguous acres if the application is part of a combined or cooperative project with another landowner and where the application does not take place within one hundred feet of lands used for farming, or within two hundred feet of a residence, unless such farmland or residence is owned by the forest landowner. Provisions of chapter 222-38 WAC shall apply.
(q) Forestry research studies and evaluation tests by an established research organization.
*(r) Any of the following if none of the operation or limits of construction takes place within the shoreline area of a Type S Water or the riparian management zone of a Type F Water, the bankfull width of a Type Np Water or flowing Type Ns Water, or within the CRGNSA special management area and the operation does not involve off-road use of tractor or wheeled skidding systems on a sideslope of greater than forty percent:
(i) Any forest practices within the boundaries of existing golf courses.
(ii) Any forest practices within the boundaries of existing cemeteries which are approved by the cemetery board.
(iii) Any forest practices involving a single landowner where contiguous ownership is less than two acres in size.
(s) Removal of beaver structures from culverts on forest roads. A hydraulics project approval from the Washington department of fish and wildlife may be required.
(4) "Class II." Certain forest practices have been
determined to have a less than ordinary potential to damage a
public resource and may be conducted as Class II forest
practices: Provided, That no forest practice enumerated below
may be conducted as a Class II forest practice if the
operation requires a hydraulic project approval (RCW
((77.55.100)) 77.55.021) or is within a "shorelines of the
state," or involves owner of perpetual timber rights subject
to RCW 76.09.067 (other than renewals). Such forest practices
require an application. No forest practice enumerated below
may be conducted as a (("))Class II((")) forest practice if it
takes place on lands ((platted after January 1, 1960, as
provided in chapter 58.17 RCW, or on lands)) that ((have been
or)) are being converted to another use. Unless the
conditions described in (f) or (g) of this subsection are met,
no forest practice enumerated below involving timber harvest
or road construction may be conducted as a (("))Class II(("))
if it takes place within urban growth areas designated
pursuant to chapter 37.70A RCW. Such forest practices require
a Class IV application. Class II forest practices are the
following:
(a) Renewal of a prior Class II notification where no change in the nature and extent of the forest practices is required under rules effective at the time of renewal.
(b) Renewal of a previously approved Class III or IV forest practices application where:
(i) No modification of the uncompleted operation is proposed;
(ii) No notices to comply, stop work orders or other enforcement actions are outstanding with respect to the prior application;
(iii) No change in the nature and extent of the forest practice is required under rules effective at the time of renewal; and
(iv) The application is not a multiyear permit that is located within an area subject to reanalysis of a watershed analysis under WAC 222-22-090(6).
*(c) Any of the following if none of the operation or limits of construction takes place within the riparian management zone of a Type F Water, within the bankfull width of a Type Np Water, within a wetland management zone, within a wetland, or within the CRGNSA special management area:
(i) Construction of advance fire trails.
(ii) Opening a new pit of, or extending an existing pit by, less than one acre.
*(d) Salvage of logging residue if none of the operation or limits of construction takes place within the riparian management zone of a Type F Water, within the bankfull width of a Type Np Water, within a wetland management zone or within a wetland; and if none of the operations involve off-road use of tractor or wheeled skidding systems on a sideslope of greater than forty percent.
*(e) Any of the following if none of the operation or limits of construction takes place within the riparian management zone of a Type F Water, within the bankfull width of a Type Np Water, within a wetland management zone, within a wetland, or within the CRGNSA special management area, and if none of the operations involve off-road use of tractor or wheeled skidding systems on a sideslope of greater than forty percent, and if none of the operations are located on lands with a likelihood of future conversion (see WAC 222-16-060):
(i) West of the Cascade summit, partial cutting of forty percent or less of the live timber volume.
(ii) East of the Cascade summit, partial cutting of five thousand board feet per acre or less.
(iii) Salvage of dead, down, or dying timber if less than forty percent of the total timber volume is removed in any twelve-month period.
(iv) Any harvest on less than forty acres.
(v) Construction of six hundred or more feet of road, provided that the department shall be notified at least two business days before commencement of the construction.
*(f) Within urban growth areas designated pursuant to chapter 36.70A RCW, forest practices listed in (a) through (e) of this subsection may be Class II if the landowner provides the following:
(i) A written statement of intent signed by the forest landowner not to convert to a use other than commercial timber operations for ten years. This statement must be accompanied by either a written forest management plan acceptable to the department, or documentation that the land is enrolled under the provisions of chapter 84.33 or 84.34 RCW; or
(ii) A conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the application.
*(g) Within urban growth areas designated pursuant to chapter 36.70A RCW, and where the regulatory authority for forest practices has been transferred to the local governmental entity pursuant to RCW 76.09.240(1), forest practices listed in (a) through (e) of this subsection may nonetheless be Class II and regulated by the department, if:
(i) The proposed forest practice is on a landowner's ownership of contiguous forest land equal to or greater than twenty acres; and
(ii) The landowner provides:
(A) A written statement of intent signed by the forest landowner not to convert to a use other than commercial timber operations for ten years. This statement must be accompanied by either a written forest management plan acceptable to the department, or documentation that the land is enrolled under the provisions of chapter 84.33 or 84.34 RCW; or
(B) A conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the application.
(5) "Class III." Forest practices not listed under
Classes IV, I or II above are (("))Class III((")) forest
practices. Among Class III forest practices are the
following:
(a) Those requiring hydraulic project approval (RCW
((77.55.100)) 77.55.021).
*(b) Those within the shorelines of the state other than those in a Class I forest practice.
*(c) Aerial application of insecticides, except where classified as a Class IV forest practice.
*(d) Aerial application of chemicals (except insecticides), except where classified as Class I or IV forest practices.
*(e) Harvest or salvage of timber except where classed as Class I, II or IV forest practices.
*(f) All road construction except as listed in Classes I, II and IV forest practices.
(g) Opening of new pits or extensions of existing pits over one acre.
*(h) Road maintenance involving:
(i) Replacement of bridges or culverts across Type S, F or flowing Type Np Waters; or
(ii) Movement of material that has a direct potential for entering Type S, F or flowing Type Np Waters or Type A or B Wetlands.
(i) Operations involving owner of perpetual timber rights subject to RCW 76.09.067.
(j) Site preparation or slash abatement not listed in Classes I or IV forest practices.
(k) Harvesting, road construction, site preparation or aerial application of pesticides on lands which contain cultural, historic or archaeological resources which, at the time the application or notification is filed, have been identified to the department as being of interest to an affected Indian tribe.
(l) Harvesting exceeding nineteen acres in a designated difficult regeneration area.
(m) Utilization of an alternate plan. See WAC 222-12-040.
*(n) Any filling of wetlands, except where classified as Class IV forest practices.
*(o) Multiyear permits.
*(p) Small forest landowner long-term applications that
are not classified Class IV(( - ))-special or Class IV(( - ))-general, or renewals of previously approved Class III or IV
long-term applications.
*(q) Within urban growth areas designated pursuant to chapter 36.70A RCW, forest practices listed in (a) through (p) of this subsection may be Class III if the landowner provides one of the following:
(i) A written statement of intent signed by the forest landowner not to convert to a use other than commercial timber operations for ten years. This statement must be accompanied by either a written forest management plan acceptable to the department, or documentation that the land is enrolled under the provisions of chapter 84.33 or 84.34 RCW; or
(ii) A conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the application.
*(r) Within urban growth areas designated pursuant to chapter 36.70A RCW, and where the regulatory authority for forest practices has been transferred to the local governmental entity pursuant to RCW 76.09.240(1), forest practices listed in (a) through (p) of this subsection may nonetheless be Class III and regulated by the department, if:
(i) The proposed forest practice is on a landowner's ownership of contiguous forest land equal to or greater than twenty acres; and
(ii) The landowner provides:
(A) A written statement of intent signed by the forest landowner not to convert to a use other than commercial timber operations for ten years. This statement must be accompanied by either a written forest management plan acceptable to the department, or documentation that the land is enrolled under the provisions of chapter 84.33 or 84.34 RCW; or
(B) A conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the application.
[Statutory Authority: RCW 76.09.040. 11-12-009, § 222-16-050, filed 5/20/11, effective 6/20/11; 08-17-092, § 222-16-050, filed 8/19/08, effective 9/19/08. Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-16-050, filed 9/26/07, effective 10/27/07. Statutory Authority: RCW 76.09.040. 06-11-112, § 222-16-050, filed 5/18/06, effective 6/18/06; 05-12-119, § 222-16-050, filed 5/31/05, effective 7/1/05. Statutory Authority: RCW 76.09.040, 76.09.050, 76.09.370, and 34.05.350. 02-17-099, § 222-16-050, filed 8/20/02, effective 9/20/02. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-16-050, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 98-07-047, § 222-16-050, filed 3/13/98, effective 5/1/98; 97-24-091, § 222-16-050, filed 12/3/97, effective 1/3/98; 93-12-001, § 222-16-050, filed 5/19/93, effective 6/19/93. Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW. 92-15-011, § 222-16-050, filed 7/2/92, effective 8/2/92. Statutory Authority: RCW 76.09.040, 76.09.050 and 34.05.350. 91-23-052, § 222-16-050, filed 11/15/91, effective 12/16/91. Statutory Authority: RCW 76.09.040. 88-19-112 (Order 551, Resolution No. 88-1), § 222-16-050, filed 9/21/88, effective 11/1/88; 87-23-036 (Order 535), § 222-16-050, filed 11/16/87, effective 1/1/88. Statutory Authority: RCW 76.09.040 and 76.09.050. 82-16-077 (Resolution No. 82-1), § 222-16-050, filed 8/3/82, effective 10/1/82; Order 263, § 222-16-050, filed 6/16/76.]
OTS-4941.1
AMENDATORY SECTION(Amending WSR 07-20-044, filed 9/26/07,
effective 10/27/07)
WAC 222-20-010
Applications and notifications -- Policy.
(1) No Class II, III or IV forest practices shall be commenced
or continued unless the department has received a notification
for Class II forest practices, or approved an application for
Class III or IV forest practices pursuant to the act. Where
the time limit for the department to act on the application
has expired, and none of the conditions in WAC 222-20-020(1)
exist, the operation may commence. (NOTE: OTHER LAWS AND RULES AND/OR
PERMIT REQUIREMENTS MAY APPLY. SEE CHAPTER 222-50 WAC.)
(2) The department shall prescribe the form and contents of the notification and application, which shall specify what information is needed for a notification, and the information required for the department to approve or disapprove the application.
(3) Except as provided in ((subpart)) subsection (4)
((below)) of this section, applications and notifications
shall be signed by the landowner, the timber owner and the
operator, or the operator and accompanied by a consent form
signed by the timber owner and the landowner. A consent form
may be another document if it is signed by the landowner(s)
and it contains a statement acknowledging that he/she is
familiar with the Forest Practices Act, including the
provisions dealing with conversion to another use (RCW 76.09.060(3)).
(4) In lieu of a landowner's signature, where the timber rights have been transferred by deed to a perpetual owner who is different from the forest landowner, the owner of perpetual timber rights may sign a forest practices application or notification for operations not converting to another use and the statement of intent not to convert for a set period of time. The holder of perpetual timber rights shall serve the signed forest practices application or notification and the signed statement of intent on the forest landowner. The forest practices application shall not be considered complete until the holder of perpetual timber rights has submitted evidence acceptable to the department that such service has occurred.
(5) Where an application for a conversion is not signed by the landowner or accompanied by a consent form, as outlined in subsection (3) of this section, the department shall not approve the application. Applications and notifications for the development or maintenance of utility rights of way shall not be considered to be conversions.
(6) Transfer of the approved application or notification to a new landowner, timber owner or operator requires written notice by the former landowner or timber owner to the department and should include the original application or notification number. This written notice shall be in a form acceptable to the department and shall contain an affirmation signed by the new landowner, timber owner, or operator, as applicable, that he/she agrees to be bound by all conditions on the approved application or notification. In the case of a transfer of an application previously approved without the landowner's signature the new timber owner or operator must submit a bond securing compliance with the requirements of the forest practices rules as determined necessary by the department. If an application or notification indicates that the landowner or timber owner is also the operator, or an operator signed the application, no notice need be given regarding any change in subcontractors or similar independent contractors working under the supervision of the operator of record.
(7) Applications and notifications, if complete, will be considered officially received on the date and time shown on any registered or certified mail receipt, or the written receipt given at the time of personal delivery, or at the time of receipt by general mail delivery. The department will immediately provide a dated receipt to the applicant. Applications or notifications that are not complete, or are inaccurate will not be considered officially received until the applicant furnishes the necessary information to complete the application.
(a) A review statement from the U.S. Forest Service that evaluates compliance of the forest practices with the Columbia River Gorge National Scenic Area Act (CRGNSA) special management area guidelines is necessary information for an application or notification within the CRGNSA special management area. The review statement requirement shall be waived if the applicant can demonstrate the U.S. Forest Service received a complete plan application and failed to act within forty-five days.
(b) ((An)) A complete environmental checklist (WAC 197-11-315) is necessary information for all Class IV
applications.
(c) A local governmental entity clearing and/or grading
permit is necessary information for all Class IV applications
on lands that ((have been or)) will be converted to a use
other than commercial timber ((production or on lands which
have been platted after January 1, 1960, as provided in
chapter 58.17 RCW,)) operations if the local governmental
entity has jurisdiction and has an ordinance requiring such
permit.
(d) A checklist road maintenance and abandonment plan is necessary information for all small forest landowners' applications or notifications for timber harvest (including salvage), unless exempt under WAC 222-24-0511, or unless the application is a small forest landowner long-term application which requires a roads assessment.
(8) An operator's name, if known, must be included on any forest practices application or notification. The landowner or timber owner must provide notice of hiring or change of operator to the department within forty-eight hours. The department shall promptly notify the landowner if the operator is subject to a notice of intent to disapprove under WAC 222-46-070. Once notified, the landowner will not permit the operator, who is subject to a notice of intent to disapprove, to conduct the forest practices specified in the application or notification, or any other forest practices until such notice of intent to disapprove is removed by the department.
(9) Financial assurances may be required by the department prior to the approval of any future forest practices application or notification to an operator or landowner under the provisions of WAC 222-46-090.
[Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-20-010, filed 9/26/07, effective 10/27/07. Statutory Authority: RCW 76.09.040. 06-11-112, § 222-20-010, filed 5/18/06, effective 6/18/06; 05-12-119, § 222-20-010, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-20-010, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 98-07-047, § 222-20-010, filed 3/13/98, effective 5/1/98; 93-12-001, § 222-20-010, filed 5/19/93, effective 6/19/93. Statutory Authority: RCW 76.09.040, 76.09.050 and 34.05.350. 91-23-052, § 222-20-010, filed 11/15/91, effective 12/16/91. Statutory Authority: RCW 76.09.040. 87-23-036 (Order 535), § 222-20-010, filed 11/16/87, effective 1/1/88; 82-18-053 (Resolution No. 82-2), § 222-20-010, filed 8/31/82. Statutory Authority: RCW 76.09.040 and 76.09.050. 82-16-077 (Resolution No. 82-1), § 222-20-010, filed 8/3/82, effective 10/1/82; Order 263, § 222-20-010, filed 6/16/76.]
OTS-4942.1
AMENDATORY SECTION(Amending WSR 07-20-044, filed 9/26/07,
effective 10/27/07)
WAC 222-20-015
Multiyear permits.
Landowners may apply
for multiyear permits to conduct forest practices for four or
five years in the following situations:
(1) Where a watershed analysis has been approved for a
WAU under WAC 222-22-080((,)) a landowner(((s))) may apply for
a multiyear permit. The information provided and level of
detail for the application must be comparable to that required
for a ((two-year)) three-year permit. At a minimum, the
applications for these permits must include:
(a) A description of the forest practices to be conducted during the period requested for the permit, and a map(s) showing their locations; and
(b) Prescriptions must be identified where operations are proposed within or include areas of resource sensitivity.
(2) ((A landowner with an approved)) Where a road
maintenance and abandonment plan (other than a checklist(()))
road maintenance and abandonment plan) has been approved under
WAC 222-24-051, a landowner may apply for a multiyear permit
to perform road maintenance, road abandonment, and/or
associated right of way timber harvest, if the schedule for
implementing the plan is longer than ((two)) three years.
(3) Where an alternate plan has been approved under WAC 222-12-0401, a landowner may apply for a multiyear permit to
perform ((an approved)) the activities in the alternate plan.
[Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-20-015, filed 9/26/07, effective 10/27/07. Statutory Authority: RCW 76.09.040. 06-11-112, § 222-20-015, filed 5/18/06, effective 6/18/06. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-20-015, filed 5/30/01, effective 7/1/01.]
OTS-4943.1
AMENDATORY SECTION(Amending WSR 07-20-044, filed 9/26/07,
effective 10/27/07)
WAC 222-20-016
Small forest landowner long-term
applications.
(1) Application. A small forest landowner may
submit a forest practices application that includes planned
forest practices activities on all or part of a landowner's
ownership within one of the department's geographic region
boundaries. The application can be for terms of ((three))
four to fifteen years at the discretion of the landowner. The
landowner will submit the application to the department in two
steps.
(2) Review of proposed application.
(a) Step 1: Resource and roads assessment review. The landowner will submit the resource and roads assessment portion of the application. As part of the review, the department will determine any additional known resources or threats to public safety and initiate one or more site reviews in consultation with the department of ecology, the department of fish and wildlife, and the affected Indian tribes. The department will notify the landowner and the landowner's representative to attend the site review(s). Within forty-five days of receiving the complete assessment, the department will notify the landowner in writing of its validation or rejection of the assessment. If rejected, the department will provide a written statement to the landowner explaining why the assessment was rejected.
(b) Step 2: Resource protection strategies review. The department will accept for review the resource protection strategies portion of the long-term application after the department validates Step 1. The required elements of Step 2 will include a description of proposed forest practices activities and strategies for protection of all resources identified in Step 1. The department will approve, condition, or disapprove Step 2 within forty-five days of receiving the complete Step 2 portion, except if a detailed environmental statement is necessary, additional time for approval or disapproval as specified in RCW 76.09.050 will be required. If disapproved, the department will provide a written statement to the landowner explaining why the proposed strategies were disapproved.
(3) Activity notice. At least five business days before a landowner starts an approved forest practices activity the landowner will submit to the department an activity notice in a format acceptable to the department.
(4) Amendments to long-term applications.
(a) The department may authorize nonsubstantial amendments as authorized in WAC 222-20-060.
(b) If the board considers new or amended rules to achieve resource protection objectives, the department and the board will do the following regarding existing approved long-term applications:
(i) The department, in consultation with the departments of ecology, fish and wildlife, and affected Indian tribes will review, and if necessary analyze the effects of approved long-term applications on the public resources the proposed rules are intended to protect.
(ii) The department will report the results of its review and/or analysis to the board prior to rule adoption.
(iii) Upon rule adoption, the board may direct the department to condition existing approved long-term applications to protect resources.
(iv) The department will notify impacted landowners in writing of the board's decision.
[Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-20-016, filed 9/26/07, effective 10/27/07.]
OTS-4944.2
AMENDATORY SECTION(Amending WSR 07-20-044, filed 9/26/07,
effective 10/27/07)
WAC 222-20-020
Application time limits.
(1) When the
department officially receives an application, the department
will approve, condition or disapprove it within thirty
calendar days for Class III and Class IV forest practices,
except:
(a) To the extent the department is prohibited from approving the application by the act.
(b) For (("))Class IV((")) applications when the
department or the lead agency has determined that a detailed
environmental statement must be made, the application must be
approved, conditioned or disapproved within sixty days, unless
the commissioner of public lands promulgates a formal order
specifying a later date for completion of the detailed
environmental statement and final action on the application. At least ten days before promulgation of such an order
extending the time, the applicant shall be given written
notice that the department is requesting such extension;
giving the reasons the process cannot be completed within such
period; and stating that the applicant may comment in writing
to the commissioner of public lands or obtain an informal
conference with the department regarding the proposed
extension.
(c) When they involve lands described in (c)(i) ((through
(iv))), (ii) or (iii) of this subsection, the applicable time
limit shall be no less than fourteen business days from
transmittal to the local governmental entity unless the local
governmental entity has waived its right to object or has
consented to approval of the application:
(i) ((Lands platted after January 1, 1960, as provided in
chapter 58.17 RCW;
(ii))) Lands that ((have been or)) are being converted to
another use;
(((iii))) (ii) Lands ((which are)) that will not ((to))
be reforested because of likelihood of future conversion to
urban development (see WAC 222-16-060 and ((222-24-050))
222-20-050); or
(((iv))) (iii) Forest practices involving timber
harvesting or road construction on lands that are contained
within urban growth areas, designated pursuant to chapter 36.70A RCW.
(d) Applications for multiyear permits will be approved, conditioned, or disapproved within forty-five days of the department receiving a complete application, except if a detailed environmental statement is necessary, additional time for approval or disapproval as specified in RCW 76.09.050 will be required.
(e) Small forest landowner long-term applications will be reviewed in two steps as described in WAC 222-20-016. The department will review Step 1 and issue a decision within forty-five days of receiving a complete resource and roads assessment. The department will review and approve, condition, or disapprove Step 2 within forty-five days of receiving a complete resource protection strategies portion of the long-term application, except if a detailed environmental statement is necessary, additional time for approval or disapproval as specified in RCW 76.09.050 will be required.
(2) ((Unless the local governmental entity has waived its
rights under the act or consents to approval, the department
shall not approve an application involving lands platted after
January 1, 1960, as provided in chapter 58.17 RCW, or lands
that have been or are being converted to another use until at
least fourteen business days from the date of transmittal to
the local governmental entity.
(3))) Where a notification is submitted for operations which the department determines involve Class III or IV forest practices, the department shall issue a stop work order or take other appropriate action. If the operations were otherwise in compliance with the act and forest practices rules, no penalty should be imposed for those operations which occurred prior to the enforcement action: Provided, That no damage to a public resource resulted from such operations, and the operations commenced more than five days from receipt by the department of the notification.
(((4))) (3) If the department fails to approve or
disapprove an application or any portion thereof within the
applicable time limit, the application shall be deemed
approved and the operation may commence except that this
provision shall not apply where:
(a) The local governmental entity objects and the
application involves lands ((platted after January 1, 1960, as
provided in chapter 58.17 RCW, or lands)) that ((have been
or)) are being converted to a use other than commercial timber
operations where the ((county's)) local governmental entity's
right of objection is fourteen business days which may be
longer than the approval time limit.
(b) The department is prohibited from approving the application by the act.
(c) Compliance with the State Environmental Policy Act requires additional time.
(((5))) (4) If seasonal field conditions prevent the
department from being able to properly evaluate the
application, the department may disapprove the application
until field conditions allow for an on-site review.
[Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-20-020, filed 9/26/07, effective 10/27/07. Statutory Authority: RCW 76.09.040. 05-12-119, § 222-20-020, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-20-020, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040. 87-23-036 (Order 535), § 222-20-020, filed 11/16/87, effective 1/1/88. Statutory Authority: RCW 76.09.040 and 76.09.050. 82-16-077 (Resolution No. 82-1), § 222-20-020, filed 8/3/82, effective 10/1/82; Order 263, § 222-20-020, filed 6/16/76.]
OTS-4972.3
AMENDATORY SECTION(Amending WSR 07-20-044, filed 9/26/07,
effective 10/27/07)
WAC 222-20-040
Approval conditions.
(1) Whenever an
approved application authorizes a forest practice which,
because of soil condition, proximity to a water course or
other unusual factor, has a potential for causing material
damage to a public resource, as determined by the department,
the applicant shall, when requested on the approved
application, notify the department two business days before
the commencement of actual operations.
(2) All approvals are subject to any conditions stipulated on the approved application and to any subsequent additional requirements set forth in a stop work order or a notice to comply.
(3) Local governmental entity conditions -- Class IV-general applications.
(a) RCW 76.09.240(((4))) (6) allows a local governmental
entity to exercise limited land use planning or zoning
authority on certain types of forest practices. This
subsection is designed to ensure that local governmental
entities exercise this authority consistent with chapter 76.09 RCW and the rules in TITLE 222 WAC. The system provided for
in this subsection is optional.
(b) This subsection only applies to ((Class IV general))
applications on lands that ((have been or)) are being
converted to a use other than commercial timber ((production
or to Class IV general applications on lands which have been
platted after January 1, 1960, as provided in chapter 58.17 RCW)) operations.
(c) After determining that an application is Class IV-general, the department shall transmit the applications to the appropriate local governmental entity within two business days from the date the department officially receives the application.
(d) The department shall condition the application consistent with the request of the local governmental entity if:
(i) The local governmental entity has adopted a clearing and/or grading ordinance that addresses the items listed in (e) of this subsection and requires a permit;
(ii) The local governmental entity has issued a permit under the ordinance in (i) that contains the requested conditions; and
(iii) The local governmental entity has entered into an interagency agreement with the department consistent with WAC 222-50-030 addressing enforcement of forest practices.
(e) The local governmental entity conditions may only cover:
(i) The location and character of open space and/or vegetative buffers;
(ii) The location and design of roads;
(iii) The retention of trees for bank stabilization, erosion prevention, and/or storm water management; or
(iv) The protection of critical areas designated pursuant to chapter 36.70A RCW.
(f) The local governmental entity ((conditions)) shall
((be filed)) file its conditions with the department within
twenty-nine days of the department's official receipt of the
application or within fourteen business days of the
transmittal of the application to the local governmental
entity or one day before the department acts on the
application, whichever is later.
(g) The department shall incorporate local governmental entity conditions consistent with this subsection as conditions of the forest practices approval.
(h) Any exercise of local governmental entity authority consistent with this subsection shall be considered consistent with the forest practices rules in this chapter.
(4) Lead agency mitigation measures.
(a) This subsection is designed to specify procedures for a mitigated DNS process that are consistent with chapters 76.09 and 43.21C RCW and the rules in TITLE 222 WAC and chapter 197-11 WAC.
(b) This subsection applies to all Class IV applications in which the department is not the lead agency under the State Environmental Policy Act. (See WAC 197-11-758.)
(c) The department shall transmit the application to the lead agency within two business days from the date the department officially receives the application.
(d) The lead agency may specify mitigation measures pursuant to WAC 197-11-350.
(e) The lead agency threshold determination and any mitigation measures must be filed with the department within the later of twenty-nine days of the official receipt of the application by the department, fourteen business days of the transmittal of the application to the lead agency if the lead agency is a local governmental entity; or one day before the department acts on the application.
(f) Unless the applicant clarifies or changes the application to include mitigation measures specified by the lead agency, the department must disapprove the application or require an environmental impact statement. (See WAC 197-11-738.)
(g) If the department does not receive a threshold determination from the lead agency by the time it must act on the application, the department shall disapprove the application.
(5) Small forest landowner approval conditions. The department shall not disapprove a small forest landowner's application or notification on the basis that fish passage barriers have not been removed or replaced if the landowner has committed to participate in the department's family forest fish passage program for:
(a) Any barriers on their forest roads located within the boundaries of their application or notification; and
(b) Any barriers on their forest roads needed for their proposed forest practice, but located outside the boundaries of the application or notification.
(6) CRGNSA special management area.
(a) Policy. The states of Oregon and Washington have entered into a Compact preauthorized by Congress to implement the CRGNSA Act, 16 U.S.C. §§ 544, et seq. chapter 43.97 RCW, 16 U.S.C. § 544c. The purposes of the CRGNSA Act are:
(i) To establish a national scenic area to protect and provide for the enhancement of the scenic, cultural, recreational, and natural resources of the Columbia River Gorge; and
(ii) To protect and support the economy of the Columbia River Gorge area by encouraging growth to occur in existing urban areas and by allowing future economic development in a manner that is consistent with paragraph (1). 16 U.S.C. § 544a.
The forest practices rules addressing forest practices in the CRGNSA special management area recognize the intent of Congress and the states expressed in the CRGNSA Act and Compact and the intent of the Washington state legislature in the Forest Practices Act. These rules are designed to recognize the public interest in sound natural resource protection provided by the Act and the Compact, including the protection to public resources, recreation, and scenic beauty. These rules are designed to achieve a comprehensive system of laws and rules for forest practices in the CRGNSA special management area which avoids unnecessary duplication, provides for interagency input and intergovernmental and tribal coordination and cooperation, considers reasonable land use planning goals contained in the CRGNSA management plan, and fosters cooperation among public resources managers, forest landowners, tribes and the citizens.
(b) The CRGNSA special management area guidelines shall apply to all forest practices within the CRGNSA special management area. Other forest practices rules also apply to these forest practices. To the extent these other rules are inconsistent with the guidelines, the more restrictive requirement controls. To the extent there is an incompatibility between the guidelines and another rule, the guidelines control. Copies of the guidelines can be obtained from the department's Southeast and Pacific Cascade regional offices and Olympia office, as well as from the Columbia River Gorge commission and the U.S. Forest Service.
(c) The department shall review and consider the U.S. Forest Service review statement and shall consult with the U.S. Forest Service and the Columbia River Gorge commission prior to making any determination on conditioning an application or notification within the CRGNSA special management area.
[Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-20-040, filed 9/26/07, effective 10/27/07. Statutory Authority: RCW 76.09.040. 06-11-112, § 222-20-040, filed 5/18/06, effective 6/18/06; 05-12-119, § 222-20-040, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-20-040, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 98-07-047, § 222-20-040, filed 3/13/98, effective 5/1/98. Statutory Authority: RCW 76.09.040, 76.09.050 and 34.05.350. 91-23-052, § 222-20-040, filed 11/15/91, effective 12/16/91. Statutory Authority: RCW 76.09.040. 87-23-036 (Order 535), § 222-20-040, filed 11/16/87, effective 1/1/88; Order 263, § 222-20-040, filed 6/16/76.]
OTS-4945.3
AMENDATORY SECTION(Amending WSR 10-23-077, filed 11/15/10,
effective 12/16/10)
WAC 222-20-050
Conversion of forest land to nonforest
use.
(1) If an application to harvest signed by the landowner
indicates that within three years after completion, the forest
land will be converted to a specified active use ((which))
that is incompatible with a use other than commercial timber
((growing)) operations, the reforestation requirements of
((these rules)) chapter 222-34 WAC shall not apply, and the
information relating to reforestation on the application form
need not be supplied. However, if ((such)) the specified
active use is not initiated within three years after ((such))
the harvest is completed, the reforestation requirements
(((see chapter 222-34 WAC))) shall apply and ((such))
reforestation shall be completed within one additional year.
(2) ((For Class II, III, and IV special forest practices,
if a landowner wishes to maintain the option for conversion to
a use other than commercial timber growing, the landowner may
request the appropriate local governmental entity to approve a
conversion option harvest plan. This plan, if approved by the
local governmental entity and followed by the landowner, shall
release the landowner from the six-year moratorium on future
development, but does not create any other rights. The
conversion option harvest plan shall be attached to the
application or notification as a condition. Violation of the
conversion option harvest plan will result in the
reinstatement of the local governmental entity's right to the
six-year moratorium. Reforestation requirements will not be
waived in the conversion option harvest plan. Reforestation
rules shall apply at the completion of the harvest operation
as required in chapter 222-34 WAC. Nothing herein shall
preclude the local governmental entity from charging a fee to
approve such a plan. (See RCW 76.09.060 (3)(b)(i).)
(3) If the application or notification does not state that any land covered by the application or notification will be or is intended to be converted to a specified active use incompatible with commercial timber growing, or if the forest practice takes place without a required application or notification, then the provisions of RCW 76.09.060 (3)(b)(i) regarding the six-year moratorium apply.
(4) A notice of a conversion to a nonforestry use issued by the department under the provisions of RCW 76.09.060 (3)(b) may be appealed to the appeals board in accordance with RCW 43.21B.110 and 43.21B.230.)) If a landowner who did not state an intent to convert decides to convert to a nonforestry use within six years of receiving an approved forest practices application or notification, the landowner must:
(a) Stop all forest practices activities on the parcels subject to conversion;
(b) Contact the department of ecology and the applicable local governmental entity to begin the permitting process; and
(c) Notify the department and withdraw any related applications or notifications, or request a new application for conversion.
Upon request from the local governmental entity, the department will provide the status of the landowner's related applications and notifications, and any final orders or decisions.
[Statutory Authority: RCW 76.09.040. 10-23-077, § 222-20-050, filed 11/15/10, effective 12/16/10. Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-20-050, filed 9/26/07, effective 10/27/07. Statutory Authority: RCW 76.09.040. 05-12-119, § 222-20-050, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-20-050, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040, 76.09.050 and 34.05.350. 91-23-052, § 222-20-050, filed 11/15/91, effective 12/16/91; Order 263, § 222-20-050, filed 6/16/76.]
(2) If a local governmental entity approves a plan, the landowner must attach it to the forest practices application or notification.
(3) The plan will be a condition of the approved application or notification.
(4) Violation of the plan will result in the development prohibitions or the conditions described in RCW 76.09.460.
(5) Reforestation requirements will not be waived regardless of the existence of a conversion option harvest plan.
[]
(2) When the department or local governmental entity becomes aware of conversion activities the department will send to the department of ecology and the appropriate local governmental entities the following documents:
(a) A notice of conversion to nonforestry use;
(b) A copy of the applicable forest practices application or notification, if any; and
(c) Copies of any applicable outstanding final orders or decisions issued by the department related to the forest practices application or notification.
(3) When a local governmental entity receives a notice of conversion to a nonforestry use from the department, it will follow the requirements of RCW 76.09.460.
(4) A notice of a conversion to a nonforestry use issued by the department under the provisions of RCW 76.09.060 (3)(b) and this section may be appealed to the appeals board in accordance with RCW 43.21B.110 and 43.21B.230.
[]
OTS-4946.1
AMENDATORY SECTION(Amending WSR 11-12-009, filed 5/20/11,
effective 6/20/11)
WAC 222-20-080
Application and notification expiration.
(1) The approval given by the department to an application to
conduct a forest practice shall be effective for a term of
((two)) three years from the date of approval, with the
following exceptions:
(a) Multiyear permits are effective for ((three to)) four
or five years.
(b) Small forest landowner long-term applications are
effective for terms of ((three)) four to fifteen years.
(2) A notification is effective for a term of ((two))
three years beginning five days from the date it is officially
received.
(3) An application or notification may be renewed for one additional three-year term by submitting a renewal in a form acceptable to the department.
[Statutory Authority: RCW 76.09.040. 11-12-009, § 222-20-080, filed 5/20/11, effective 6/20/11. Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-20-080, filed 9/26/07, effective 10/27/07. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-20-080, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.060, 76.09.040 and chapter 34.05 RCW. 92-23-056, § 222-20-080, filed 11/17/92, effective 12/18/92; Order 263, § 222-20-080, filed 6/16/76.]