AN ACT Relating to the establishment of forest practices preapplication review; and adding a new section to chapter 76.09 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1.  A new section is added to chapter 76.09 RCW to read as follows:

(1) The board shall establish by rule a process by which applicants may submit preapplications for department review of proposed forest practices activities. A preapplication is not an application to conduct forest practices activities under RCW 76.09.050 and forest landowners who submit a preapplication for review are not required to pay a forest practices fee. Voluntary use of this process is encouraged to help ensure applicants develop complete applications for later submission under RCW 76.09.050.

(2)(a) A preapplication review is required for all proposed forest practices activities involving: (i) Timber harvest or road construction in or around potentially unstable slopes and landforms; or (ii) timber harvest or road construction in or around snow avalanche slopes.

(b) If an application submitted pursuant to RCW 76.09.050 is determined by the department to have forest practices activities that are required to have a preapplication review under this section, the department shall terminate review of the application and initiate the preapplication review process required in this section.

(3)(a) Completion of the preapplication review must provide the preapplicant the department's determination that the reviewed information regarding the proposed forest practices activities is deemed sufficiently complete to be appropriately classified and processed pursuant to RCW 76.09.050.

(b) Applicants may not be required to submit additional information with applications submitted under RCW 76.09.050 for information the department has deemed complete under this subsection.

(4) The department has up to thirty days from the date of receipt of the preapplication to review and request additional information from the applicant. When additional information is requested by the department, the response time taken by the applicant to prepare and submit the information does not count against the department's thirty-day preapplication review period.

(5) Within forty-five days of completion of the preapplication review, a forest landowner may submit the complete forest practices application pursuant to RCW 76.09.050, which includes the department's completed preapplication review of proposed forest practices activities. An application that has not been submitted within forty-five days after being deemed complete may be required to be resubmitted for preapplication review under this section. After the department has approved or denied the application under RCW 76.09.050(5), the department's decision may be reviewed under RCW 76.09.205.

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