AN
ACT Relating to Class IV forest practices in urbanizing areas; and amending
RCW 76.09.050 and 76.09.240.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
76.09.050 and 1997 c 173 s 2 are each amended to read as follows:
(1)
The board shall establish by rule which forest practices shall be included
within each of the following classes:
Class
I: Minimal or specific forest practices that have no direct potential for
damaging a public resource and that may be conducted without submitting an
application or a notification except that when the regulating authority is
transferred to a local governmental entity, those Class I forest practices that
involve timber harvesting or road construction within "urban growth
areas," designated pursuant to chapter 36.70A RCW, are processed as Class
IV forest practices, but are not subject to environmental review under chapter
43.21C RCW;
Class
II: Forest practices which have a less than ordinary potential for damaging a
public resource that may be conducted without submitting an application and may
begin five calendar days, or such lesser time as the department may determine,
after written notification by the operator, in the manner, content, and form as
prescribed by the department, is received by the department. However, the work
may not begin until all forest practice fees required under RCW 76.09.065 have
been received by the department. Class II shall not include forest practices:
(a)
On lands platted after January 1, 1960, as provided in chapter 58.17 RCW or on
lands that have or are being converted to another use;
(b)
Which require approvals under the provisions of the hydraulics act, RCW ((75.20.100))
77.55.100;
(c)
Within "shorelines of the state" as defined in RCW 90.58.030;
(d)
Excluded from Class II by the board; or
(e)
Including timber harvesting or road construction within "urban growth
areas," designated pursuant to chapter 36.70A RCW, which are Class IV;
Class
III: Forest practices other than those contained in Class I, II, or IV. A
Class III application must be approved or disapproved by the department within
thirty calendar days from the date the department receives the application.
However, the applicant may not begin work on that forest practice until all
forest practice fees required under RCW 76.09.065 have been received by the
department;
Class
IV: Forest practices other than those contained in Class I or II: (a) On
lands platted after January 1, 1960, as provided in chapter 58.17 RCW, (b) on
lands that have or are being converted to another use, (c) on lands which,
pursuant to RCW 76.09.070 as now or hereafter amended, are not to be reforested
because of the likelihood of future conversion to urban development, (d) ((except
on those lands)) 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: (i)
A written statement of intent signed by the forest landowner not to convert to
a use other than commercial forest product operations for ten years,
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 RCW; or (ii) a conversion option harvest plan approved by the
local governmental entity and submitted to the department as part of the
application, and/or (e) which have a potential for a substantial impact on the
environment and therefore require an evaluation by the department as to whether
or not a detailed statement must be prepared pursuant to the state
environmental policy act, chapter 43.21C RCW. Such evaluation shall be made
within ten days from the date the department receives the application:
PROVIDED, That nothing herein shall be construed to prevent any local or
regional governmental entity from determining that a detailed statement must be
prepared for an action pursuant to a Class IV forest practice taken by that
governmental entity concerning the land on which forest practices will be
conducted. A Class IV application must be approved or disapproved by the
department within thirty calendar days from the date the department receives
the application, unless the department determines that a detailed statement
must be made, in which case the application must be approved or disapproved by
the department within sixty calendar days from the date the department receives
the application, unless the commissioner of public lands, through the
promulgation of a formal order, determines that the process cannot be completed
within such period. However, the applicant may not begin work on that forest
practice until all forest practice fees required under RCW 76.09.065 have been
received by the department.
Forest
practices under Classes I, II, and III are exempt from the requirements for
preparation of a detailed statement under the state environmental policy act.
(2)
Except for those forest practices being regulated by local governmental
entities as provided elsewhere in this chapter, no Class II, Class III, or
Class IV forest practice shall be commenced or continued after January 1, 1975,
unless the department has received a notification with regard to a Class II
forest practice or approved an application with regard to a Class III or Class
IV forest practice containing all information required by RCW 76.09.060 as now
or hereafter amended. However, in the event forest practices regulations
necessary for the scheduled implementation of this chapter and RCW 90.48.420
have not been adopted in time to meet such schedules, the department shall have
the authority to regulate forest practices and approve applications on such
terms and conditions consistent with this chapter and RCW 90.48.420 and the
purposes and policies of RCW 76.09.010 until applicable forest practices
regulations are in effect.
(3)
Except for those forest practices being regulated by local governmental
entities as provided elsewhere in this chapter, if a notification or
application is delivered in person to the department by the operator or the
operator's agent, the department shall immediately provide a dated receipt
thereof. In all other cases, the department shall immediately mail a dated receipt
to the operator.
(4)
Except for those forest practices being regulated by local governmental
entities as provided elsewhere in this chapter, forest practices shall be
conducted in accordance with the forest practices regulations, orders and
directives as authorized by this chapter or the forest practices regulations,
and the terms and conditions of any approved applications.
(5)
Except for those forest practices being regulated by local governmental
entities as provided elsewhere in this chapter, the department of natural
resources shall notify the applicant in writing of either its approval of the
application or its disapproval of the application and the specific manner in
which the application fails to comply with the provisions of this section or
with the forest practices regulations. Except as provided otherwise in this
section, if the department fails to either approve or disapprove an application
or any portion thereof within the applicable time limit, the application shall
be deemed approved and the operation may be commenced: PROVIDED, That this
provision shall not apply to applications which are neither approved nor
disapproved pursuant to the provisions of subsection (7) of this section:
PROVIDED, FURTHER, That if seasonal field conditions prevent the department
from being able to properly evaluate the application, the department may issue
an approval conditional upon further review within sixty days: PROVIDED,
FURTHER, That the department shall have until April 1, 1975, to approve or disapprove
an application involving forest practices allowed to continue to April 1, 1975,
under the provisions of subsection (2) of this section. Upon receipt of any
notification or any satisfactorily completed application the department shall
in any event no later than two business days after such receipt transmit a copy
to the departments of ecology and fish and wildlife, and to the county, city,
or town in whose jurisdiction the forest practice is to be commenced. Any
comments by such agencies shall be directed to the department of natural
resources.
(6)
For those forest practices regulated by the board and the department, if the
county, city, or town believes that an application is inconsistent with this
chapter, the forest practices regulations, or any local authority consistent
with RCW 76.09.240 as now or hereafter amended, it may so notify the department
and the applicant, specifying its objections.
(7)
For those forest practices regulated by the board and the department, the
department shall not approve portions of applications to which a county, city,
or town objects if:
(a)
The department receives written notice from the county, city, or town of such
objections within fourteen business days from the time of transmittal of the
application to the county, city, or town, or one day before the department acts
on the application, whichever is later; and
(b)
The objections relate to lands either:
(i)
Platted after January 1, 1960, as provided in chapter 58.17 RCW; or
(ii)
On lands that have or are being converted to another use.
The
department shall either disapprove those portions of such application or appeal
the county, city, or town objections to the appeals board. If the objections
related to subparagraphs (b)(i) and (ii) of this subsection are based on local
authority consistent with RCW 76.09.240 as now or hereafter amended, the
department shall disapprove the application until such time as the county,
city, or town consents to its approval or such disapproval is reversed on
appeal. The applicant shall be a party to all department appeals of county,
city, or town objections. Unless the county, city, or town either consents or
has waived its rights under this subsection, the department shall not approve
portions of an application affecting such lands until the minimum time for
county, city, or town objections has expired.
(8)
For those forest practices regulated by the board and the department, in
addition to any rights under the above paragraph, the county, city, or town may
appeal any department approval of an application with respect to any lands
within its jurisdiction. The appeals board may suspend the department's
approval in whole or in part pending such appeal where there exists potential
for immediate and material damage to a public resource.
(9)
For those forest practices regulated by the board and the department, appeals
under this section shall be made to the appeals board in the manner and time
provided in RCW 76.09.220(8). In such appeals there shall be no presumption of
correctness of either the county, city, or town or the department position.
(10)
For those forest practices regulated by the board and the department, the
department shall, within four business days notify the county, city, or town of
all notifications, approvals, and disapprovals of an application affecting
lands within the county, city, or town, except to the extent the county, city,
or town has waived its right to such notice.
(11)
For those forest practices regulated by the board and the department, a county,
city, or town may waive in whole or in part its rights under this section, and
may withdraw or modify any such waiver, at any time by written notice to the
department.
Sec.
2. RCW
76.09.240 and 1997 c 173 s 5 are each amended to read as follows:
(1)
By December 31, ((2001)) 2005, each county and each city shall
adopt ordinances or promulgate regulations setting standards for those Class IV
forest practices regulated by local government. The regulations shall: (a)
Establish minimum standards for Class IV forest practices; (b) set forth necessary
administrative provisions; and (c) establish procedures for the collection and
administration of forest practices and recording fees as set forth in this
chapter.
(2)
Class IV forest practices regulations shall be administered and enforced by the
counties and cities that promulgate them.
(3)
The forest practices board shall continue to promulgate regulations and the
department shall continue to administer and enforce the regulations promulgated
by the board in each county and each city for all forest practices as provided
in this chapter until such time as, in the opinion of the department, the
county or city has promulgated forest practices regulations that meet the
requirements as set forth in this section and that meet or exceed the standards
set forth by the board in regulations in effect at the time the local
regulations are adopted. Regulations promulgated by the county or city
thereafter shall be reviewed in the usual manner set forth for county or city
rules or ordinances. Amendments to local ordinances must meet or exceed the
forest practices rules at the time the local ordinances are amended.
(a)
Department review of the initial regulations promulgated by a county or city
shall take place upon written request by the county or city. The department,
in consultation with the department of ecology, may approve or disapprove the
regulations in whole or in part.
(b)
Until January 1, ((2002)) 2006, the department shall provide
technical assistance to all counties or cities that have adopted forest
practices regulations acceptable to the department and that have assumed
regulatory authority over all Class IV forest practices within their
jurisdiction.
(c)
Decisions by the department approving or disapproving the initial regulations
promulgated by a county or city may be appealed to the forest practices appeals
board, which has exclusive jurisdiction to review the department's approval or
disapproval of regulations promulgated by counties and cities.
(4)
For those forest practices over which the board and the department maintain
regulatory authority no county, city, municipality, or other local or regional
governmental entity shall adopt or enforce any law, ordinance, or regulation
pertaining to forest practices, except that to the extent otherwise permitted
by law, such entities may exercise any:
(a)
Land use planning or zoning authority: PROVIDED, That exercise of such
authority may regulate forest practices only: (i) Where the application
submitted under RCW 76.09.060 as now or hereafter amended indicates that the
lands have been or will be converted to a use other than commercial forest
product production; or (ii) on lands which have been platted after January 1,
1960, as provided in chapter 58.17 RCW: PROVIDED, That no permit system solely
for forest practices shall be allowed; that any additional or more stringent
regulations shall not be inconsistent with the forest practices regulations
enacted under this chapter; and such local regulations shall not unreasonably
prevent timber harvesting;
(b)
Taxing powers;
(c)
Regulatory authority with respect to public health; and
(d)
Authority granted by chapter 90.58 RCW, the "Shoreline Management Act of
1971".
