Table 5A
Proportionate Shares of Fish Passage Barrier Removal
Western Washington
PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-11-061.
Title of Rule and Other Identifying Information: Forest road construction and maintenance (TITLE 222 WAC), the rule making consists of forest road maintenance and abandonment planning for small forest landowners and clarifications of the definitions, "road construction" and "road maintenance."
Hearing Location(s): Sun Valley Restaurant, Omak, on November 17, 2005, at 6 p.m.; at the Community College of Spokane, Colville, on November 29, 2005, at 6 p.m.; at the Kelso Red Lion, Kelso, on December 1, 2005, at 6 p.m.; at the Walla Walla Community College of Spokane, Walla Walla, on December 14, 2005, at 6 p.m.; and at the Inn at Port Gardner, Everett, on December 15, 2005, at 6 p.m.
Date of Intended Adoption: May 10, 2006.
Submit Written Comments to: Patricia Anderson, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-7012, e-mail forest.practicesboard@wadnr.gov, fax (360) 902-1428 by 5 p.m. on December 16, 2005.
Assistance for Persons with Disabilities: Contact Forest Practices Division at (360) 902-1400 or TTY (360) 902-1125 by November 1, 2005.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 2SHB 1095 (2003 legislation) amended portions of chapter 76.09 RCW, "Forest Practices," and chapter 76.13 RCW, "Stewardship of Nonindustrial Forests and Woodlands," to limit the burden on small forest landowners from forest road maintenance and abandonment requirements. The proposed permanent rule changes pertain to those statutory amendments. Rule changes will also clarify definitions of "road construction" and "road maintenance" for all landowners subject to Washington state forest practices rules.
Statutory Authority for Adoption: RCW 76.09.040.
Statute Being Implemented: RCW 76.09.020, [76.09].410, [76.09].420, [76.09].450, and 76.13.150.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The permanent rules will replace emergency rules effective October 31, 2003.
Name of Proponent: Forest Practices Board, public.
Name of Agency Personnel Responsible for Drafting: Kathy Murray, 1111 Washington Street S.E., Olympia, (360) 902-1414; Implementation: Jed Herman, 1111 Washington Street S.E., Olympia, (360) 902-1684; and Enforcement: Lenny Young, 1111 Washington Street S.E., Olympia, (360) 902-1744.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Completion of a cost-benefit analysis (CBA) prior to rule adoption is required by the Administrative Procedure Act (chapter 34.05 RCW)1 in order to demonstrate that probable benefits of the proposed new rule exceed its probable costs and, further, to demonstrate that the proposed rule change is the most cost-effective means of achieving the goal of the rule change. Completion of a small business economic impact statement (SBEIS) is required by the Regulatory Fairness Act (chapter 19.85 RCW)2 to reduce the disproportionate impact of state administrative rules on small businesses, defined as those with fifty or fewer employees. An SBEIS compares the costs of compliance for small businesses with the cost of compliance for the 10% of businesses that are the largest businesses required to comply with the proposed rules.
This economic analysis combines the SBEIS and the CBA and complies with the legislative requirements for these analyses as part of the rule-making process.
HISTORICAL CONTEXT: The Forests and Fish Report and the 1999 Salmon Recovery Act, in November 1997, in anticipation of the federal listing of several subspecies of Washington salmon as threatened or endangered, participants in timber, fish, and wildlife (TFW) began negotiating a proposal for new forest practices rules. The goal of this proposal was to protect and restore riparian habitat on nonfederal forest lands in compliance with the Endangered Species Act and the Clean Water Act, while maintaining the economic viability of Washington's timber industry. Participants in the TFW process included the federal government, state government, tribal governments, and various interest and constituency groups. The participants agreed to a proposed concept for new forest practice rules to protect salmon habitat on nonfederal forestlands in Washington. The process became known as the "forests and fish" negotiations and the stakeholders' recommendations became known as the "forests and fish report," which is the foundation for the forestry module portion of the Washington state salmon recovery plan.
In 1999 the legislature recognized the forests and fish report by passing the 1999 Salmon Recovery Act (chapter 4, Laws of 1999, 1st sp.s.). To address salmon recovery this act directed the Forest Practices Board to adopt rules related to riparian habitat management, including the maintenance and abandonment of forest roads to prevent sedimentation and fish blockages in water bodies, and landowners' planning of related management activities.
Road Maintenance and Abandonment Plans (RMAPs): The forests and fish rules required that all forest landowners submit a detailed RMAP to the Department of Natural Resources (DNR) by December 31, 2005, or concurrent with an application for a forest practice, whichever occurs sooner, and to report work accomplishments annually (WAC 222-24-051). Subsequent to the enactment of the 1999 Salmon Recovery Act and adoption of the forests and fish rules it became apparent that RMAP requirements "may cause an unforeseen and unintended disproportionate financial hardship on small forest landowners." The legislature addressed this by enacting 2SHB 1095, which required emergency rule making by October 2003, to be followed by permanent rule making to assist small forest landowners with the forest road maintenance and abandonment plan (RMAP) elements of the forest practices rules (RCW 76.09.410). This analysis is focused on proposed permanent rules for small forest landowners' RMAPs requirements.
PROPOSED RULES SUMMARY: The proposed rules simplify small forest landowners' road maintenance and abandonment planning requirements, define "small forest landowner," revise the terms "forest road" and "forest land" for small forest landowners, and describe a cost-share program available to them for the removal or repair of fish passage barriers.
In contrast to standard RMAP requirements (WAC 222-24-051), under the proposed rules small forest landowners are allowed to file a simplified checklist RMAP upon applying for a permit to harvest or salvage timber and they are exempted from annual reporting of progress on road maintenance and fish passage barrier removal (WAC 222-24-0511).
"Small forest landowner" is generally defined as a person or entity who harvests less than two million board feet per year. The definition includes a hardship clause allowing a landowner to harvest more than two million board feet if the DNR is satisfied that the harvest limits were exceeded to raise funds for estate taxes or other unexpected obligations.
Definitions of "forest road" and "forest land" as they relate to small forest landowners are revised. "Forest road" excludes residential driveways and "forest land" excludes agricultural crop lands, pastures and orchards, ensuring RMAP exemptions in those areas.
Also, small forest landowners are relieved of continuing forest land obligations under (proposed WAC 222-20-055) and small forest landowners who own a total of eighty acres or less of forest land are not required to submit an RMAP for any tract of land that is twenty contiguous acres or less in size (proposed new section WAC 222-24-0511).
In addition to simplified planning, the proposed rules provide for state financial and technical assistance for removal of fish passage barriers through the FFFPP to small forest landowners who sign up for this DNR program. Participants are relieved of any obligation to remove a fish passage barrier until the state determines the barrier is a high priority, and a forest practices application will not be denied solely on the grounds that fish blockages have not been removed if the landowner agrees to remove the fish blockages when cost-share funding is available. The participating landowner will be able to conduct all otherwise permissible forest practices until the cost-share program provides funding for the removal of blockages.
The most a landowner must pay is 25% of project costs, or $5,000, whichever is less. The state will pay 100% of project costs if:
• A forest practices application or hydraulic project approval was provided for the existing barrier, or
• A forest practices application for timber harvest has not been submitted by the landowner between May 14, 2003, and the time the project has been selected for funding.
2SHB 1095 allowed that if a landowner corrects more than one barrier in a calendar year, the maximum required matching contribution varies according to the average annual timber volume harvested from the landowner's lands in Washington during the three preceding calendar years and whether the barrier is in eastern or western Washington. The following table shows the maximum cost-share required by a small forest landowner who corrects more than one fish barrier in the same year.
| Average Annual Board Feet Harvested | Maximum Match Required Per Calendar Year | |
| Western Washington | Eastern Washington | |
| Less than 500,000 | $8,000 | $2,000 |
| Between 500,000 and 999,999 | $16,000 | $4,000 |
| Between 1,000,000 and 1,499,999 | $24,000 | $12,000 |
| Greater than or equal to 1,500,000 | $32,000 | $16,000 |
ECONOMIC ANALYSIS: This economic analysis is in response to:
• The Administrative Procedure Act (APA), which requires agencies to assess whether probable benefits of a proposed new rule exceed its probable costs and whether the proposed rule change is the most cost-effective means of achieving the goal of the rule change; and
• The Regulatory Fairness Act (RFA), which requires that an SBEIS be prepared for proposed rules that will impose more than minor costs on businesses in an industry.
To comply with the APA and RFA this analysis identifies potentially affected industries, defines small and large businesses and determines the compliance cost for these businesses. It then estimates the total cost of compliance with the proposed rules and compares the cost of compliance for small businesses with large businesses. If there is a disproportionate economic impact on small businesses, the RFA requires that the cost imposed by the rule on small businesses be reduced where legal and feasible to meet the statute's objective. If steps are not taken to reduce the costs on small businesses, the agency must provide reasonable justification.
The proposed rules amend existing forest practices rules. Benefits and costs and their effects on small business are therefore calculated using the provisions of the forest practices rules as the base case. A CBA and an SBEIS were completed in 2001 for the forest practices rules that implemented the forests and fish report.3 This economic analysis utilizes the approach developed by Dr. John Perez-Garcia et al. for those analyses, which were based on a sample of private forest acreage identified by DNR. The methodology is discussed below.
Potentially Affected Industries: Businesses that own or control the cutting rights on forest land are the rule-complying community. Aside from the landowner, potentially affected industries include those holding timber cutting rights, so the complying community is defined broadly as those with the right to dispose of the timber. Even though forest landowners may have other aspects to their business such as agriculture, manufacturing, or other land-based businesses and maybe classified as a different type of business than forest based, they comprise the potentially affected industries in this analysis. The term "forest business" is used to define this rule-complying community.
Small Businesses Versus Large Businesses: The RFA defines a "small business" as one with fifty or fewer employees. The 2001 forests and fish SBEIS applied this definition by using the business identification number associated with a land parcel to determine the number of employees associated with that business. All others were categorized as "large businesses."
Benefits and Costs Included in the Analysis: To ensure compatibility, the benefits and costs that are analyzed in this analysis are restricted to quantified costs in the 2001 forests and fish CBA and SBEIS. RMAP reporting requirements were not quantified and are thereby not quantified in this economic analysis. Revising the definitions "forest road" and "forest land" may have some effect on benefits and costs, but they are difficult to quantify and most likely minimal on the statewide level. This analysis is focused on the costs of replacing fish passage barriers for the state and small business, particularly the cost savings accrued by small businesses eligible to receive financial assistance from the FFFPP for fish passage barriers.
There are no changes to the provisions regarding elimination of fish passage barriers under the proposed rules. This analysis assumes that all fish passage barriers on private forest land will be removed in accordance with existing statute. The proposed rules effectuate a transfer of a portion of the costs of fish passage barrier elimination from small forest landowners to the state. The cost benefit analysis therefore focuses on the dollar amount of this transfer.
Compliance Cost for Businesses: The proposed rules do not impose additional costs on small business. Small forest landowners who enroll in the FFFPP will receive financial benefits for fish passage barrier removal. Simplified RMAP reporting requirements and limiting the definitions of "forest road" and "forest land" may result in some further cost savings, but these are not analyzed in this economic analysis. By virtue of less rigorous planning requirements, it is anticipated that this translates into a cost savings.
Involvement of Concerned Stakeholders: The RFA requires the SBEIS to include a description of small business involvement in the development of the rule. The stakeholder group includes representatives from government agencies, tribes, landowner organizations and environmental organizations. Small forest landowners are represented by the Washington Farm Bureau, the Okanogan Farm Bureau, Washington Farm Forestry Association, and the Forest Practices Board's Small Forest Landowner Advisory Committee. Several meetings for permanent rule development have been held and follow-up meetings are planned subsequent to the rule-making public comment period in Fall 2005 and the SEPA public comment period in Winter 2006.
METHODS OF ANALYSIS: This analysis uses the cost per $100 of sales to estimate the effect of the rule changes on forest businesses in western and eastern Washington. The effects on small businesses are calculated using the existing forest practices rules as the base case, which require that all fish passage barriers will be replaced on privately owned forest acreage at the owner's expense. The state's contribution to fish passage barrier removal is estimated statewide and reported as a net benefit to small businesses on a percentage of revenue basis, according to the requirements of the RFA.
The state contribution to fish passage barrier elimination on small business forest acreage is based on the analysis of sample sections completed for the 2001 forests and fish SBEIS. For that analysis, DNR collected detailed spatial information for one hundred fifty-eight random sections within Washington state. Ninety-two sections were sampled in western Washington and sixty-six sections were sampled in eastern Washington. Selection criteria were that the section must include private ownership, it must contain some forest land, and it must not be entirely within a habitat conservation plan area or an urban growth area. The GIS data for the sections included section boundaries, parcel information from county assessors' offices, timber stand/land cover information from photo interpretation, buffer zones for the proposed 2001 rules and past rules, and new water type and road information.
The process to determine the costs and benefits of the proposed RMAPs rules and the net benefit to small businesses is similar to the process used in the 2001 forests and fish SBEIS, except this analysis expands on the 2001 analysis by including an estimate of the state contribution to fish passage barrier elimination on small forest landowner parcels from the FFFPP. The analysis process includes:
| Step 1. | The sample sections were photo-interpreted to determine forested acreage in the sample sections and count the number of fish passage barriers. |
| Step 2. | Data on uniform business identification (UBI) and employment from county records was collected by DNR and incorporated into the GIS database. Each parcel was assigned to one of two categories (large or small business) depending on whether or not there were more than fifty employees in the business. |
| Step 3. | Acreage and the incidence of fish passage barriers were calculated for small and large business parcels. |
| Step 4. | Forest acreage and the number of fish passage barriers on small and large business parcels were extrapolated to the statewide level based on the proportion of statewide private forest acreage in the sample sections. |
| Step 5. | Average per-unit costs of fish passage barriers (including bridges, culverts and arches) were identified, based on costs of recently replaced barriers. |
| Step 6. | The proportion of statewide small business forest acreage that meets the qualifications for "small forest landowner" was estimated. |
| Step 7. | The statewide cost of eliminating fish passage barriers on small business parcels was calculated by multiplying the estimated number of fish passage barriers (Step 4) by the average per-unit cost of fish barriers (Step 5). |
| Step 8. | The cost share of fish passage barrier elimination was determined for the state and small businesses, as well as for the subset of small forest landowners. |
| Step 9. | Net benefit to small business was calculated as a percentage of revenue and compared to large businesses. |
Total timber asset value for the sample sections was then extrapolated statewide based on the percentage of small business forest acreage contained in the sample section parcels.
ANALYSIS:
Sample Section Findings (Steps 1, 2 and 3): Table 2 summarizes the forest acreage and number of fish passage barriers included in the sample sections. Large businesses account for more than half the acreage in western Washington, but only about 20% in eastern Washington. The density of fish passage barriers is higher in western than in eastern Washington and is significantly greater on large business acreage than on small business acreage – more than double in western Washington and more than four times in eastern Washington.
| Acreage | % of Total | Fish passage barriers | Barriers per 1000 acres | |
| Western Washington | ||||
| TOTAL | 45,900 | 100 | 210 | 4.6 |
| Large Businesses | 25,860 | 58.6 | 161 | 6.0 |
| Small Businesses | 19,040 | 41.5 | 49 | 2.6 |
| Eastern Washington | ||||
| TOTAL | 28,739 | 100 | 35 | 1.2 |
| Large Businesses | 5,597 | 19.5 | 18 | 3.2 |
| Small Businesses | 23,142 | 80.5 | 17 | 0.7 |
The sources of statewide private forest acreage data are the USDA Forest Service (USFS) reports, "Timber Resource Statistics for Non-National Forest Land in Western Washington, 2001" for western Washington, and "Washington's Public and Private Forests," Resource Bulletin #PNW-RB-218; (1992 data) for eastern Washington. The USFS forest acreage data is considered the most reliable source of such data for the state of Washington. Data for western Washington has only recently been released, and an update for eastern Washington is underway but not yet available. Although data for eastern Washington dates from 1992, according to USFS staff, private forest acreage has not changed significantly since then.
Estimates of large and small private forest acreage are generated by taking the USFS data on private forest acreage - approximately 5.1 million acres in western Washington and 2.2 million acres in eastern Washington - and apportioning it between large and small businesses based on the proportions of acreage found in the sample sections. Table 3 presents the results of these calculations.
| Acreage | % of Total | Total private forest acreage | % Sampled | Survey fish passage barriers | Extrapolated total fish passage barriers | |
| Western Washington | ||||||
| Total | 45,900 | 100 | 5,122,000 | 0.9 | 210 | 23,434 |
| Large Businesses | 25,860 | 58.5 | 2,997,000 | 0.9 | 161 | 17,966 |
| Small Businesses | 19,040 | 41.5 | 2,125,000 | 0.9 | 49 | 5,468 |
| Eastern Washington | ||||||
| Total | 28,739 | 100 | 2,170,000 | 1.3 | 35 | 2,643 |
| Large Businesses | 5,597 | 19.5 | 423,000 | 1.3 | 18 | 1,359 |
| Small Businesses | 23,142 | 80.5 | 1,747,000 | 1.3 | 17 | 1,284 |
The number of fish passage barriers on small business forest acreage is calculated by extrapolating the number of barriers identified on sample parcels to western and eastern Washington. There are an estimated 5,468 fish passage barriers on small business forest acreage in western Washington and 1,284 in eastern Washington.
Estimating the Per-unit Cost of Replacing Fish Passage Barriers (Step 5): The 2001 forests and fish CBA and SBEIS estimates of the per-unit costs of replacing fish passage barriers were derived from personal communications between DNR and representatives from large and small enterprises in western and eastern Washington. For fish-bearing streams, these were $40,000 in western Washington and $41,000 in eastern Washington. Since then, more than 1,200 fish passage barriers have been replaced in Washington, providing more recent data on expected costs. The average cost for removing fish passage barriers has been $42,300 on DNR-managed lands and $41,027 for Department of Fish and Wildlife projects. The average cost for the FFFPP projects completed to date has been $33,190. The estimates used in the 2001 forests and fish SBEIS are in the range of recent projects and are retained for this analysis.
Determining the Small Forest Landowner Proportion of Small Business Forest Acreage (Step 6): Efforts are underway to establish a small forest landowner database, but at this time small forest landowner forest acreage is unknown. It is also subject to change, as forests are converted to other uses, and since the definition of a small forest landowner is based on timber harvest volume, individual owners may base their business decisions on qualifying for small forest landowner status. Under these circumstances, USFS other private lands forest acreage, defined as private forest lands not owned by forest industry firms, is considered the best proxy for small forest landowner acreage.
The proposed rules provide a revenue increase to landowners who qualify for the FFFPP by meeting the definition of small forest landowner. The proportion of small business acreage that is also small forest landowner acreage is calculated by dividing the other private lands forest acreage for western and eastern Washington (excluding Native American forest land) by the small business forest acreage calculated previously. The sources of this data are those used and mentioned in Step 4 above, and results are presented in Table 4.
| Statewide Total | Western Washington | Eastern Washington | |
| Total Private Forest Acreage | 7,292,000 | 5,122,000 | 2,170,000 |
| Small Business Acreage5 | 3,872,000 | 2,125,000 | 1,747,000 |
| Small Forest Landowner (SFL) Acreage | 2,928,000 | 1,636,000 | 1,292,000 |
| SFL % of Small Business Acreage | 75.6 | 77.0 | 73.9 |
State and Small Business Cost Share (Steps 7 and 8): The total cost of replacing fish passage barriers and the small business/state cost share are calculated based on the assumption that small forest landowners would pay 25% of project costs, or $5,000, whichever is less, for each fish passage barrier on their property. Using an average cost per barrier of $40,000 in western Washington and $41,000 in eastern Washington, the small business cost share is calculated at $5,000 per fish passage barrier for small businesses who qualify as small forest landowners and $40,000 and $41,000 (for eastern and western Washington, respectively) for small businesses that don't qualify for small forest landowner designation. The state's share is $35,000 and $36,000 per fish passage barrier in western and eastern Washington for small forest landowners, and zero for small businesses that are not small forest landowners.
| Statewide Total | Western Washington | Eastern Washington | |
| Total cost of removing fish barriers on small businesses | $271.3 | $218.7 | $52.6 |
| State contribution state portion of cost share |
$181.5 67% |
$147.4 67% |
$34.2 65% |
| Small business contribution small business portion of cost share |
$89.8 33% |
$71.4 33% |
$18.5 35% |
| Small business, not SFLs, contribution state portion of cost share small business portion of cost share |
$64.0 0% 100% |
$50.3 0% 100% |
$13.7 0% 100% |
| Small forest landowner contribution state portion of cost share small forest landowner portion of cost share |
$25.8 88% 12% |
$21.1 88% 12% |
$4.7 88% 12% |
|
 |
In eastern Washington, the total cost of replacing fish passage barriers on small business forest acreage is estimated at $52.6 million, of which $34.2 million, or 65%, will be funded by the state through the FFFPP. Small businesses contribute the remaining $18.5 million, of which $4.7 million is from small forest landowners and $13.7 million from small businesses that are not small forest landowners.
From the perspective of a small forest landowner, the FFFPP contributes a substantial portion of the costs of replacing fish passage barriers. At a minimum, the state contributes 88% on small forest landowner parcels. The state's contribution will likely be higher, as some barriers are eligible for total state funding, and some landowners may meet the maximum annual contribution levels established for the FFFPP, described on page 2.
Net Benefit to Small Business as a Percentage of Revenue and Comparison to Large Businesses (Step 9): This analysis uses the cost per $100 of sales to report the effect of the rule changes on forest businesses. The 2001 forests and fish CBA and SBEIS and this economic analysis use total timber asset value as a proxy for sales. Total timber asset value for small business parcels for western and eastern Washington was calculated by apportioning the statewide timber asset value reported in the 2001 forests and fish CBA to small and large businesses based on the proportion of small/large total asset value.
| Statewide Total | Western Washington | Eastern Washington | |
| Timber Asset Value ($millions) | $6,183.1 | $5,657.6 | $525.5 |
| Small business revenue change ($millions) | 181.5 | 147.4 | 34.2 |
| Change in revenue per $100 of sales | $2.94 | $2.60 | $6.50 |
| LARGE BUSINESS | SMALL BUSINESS | |||
| Western Washington | Eastern Washington | Western Washington | Eastern Washington | |
| Base Case6 | $6.90 | $17.00 | $5.50 | $15.20 |
| Permanent Rule | 6.90 | 17.00 | 2.90 | 8.70 |
| Change | 0 | 0 | 2.60 | 6.50 |
| % Reduction | 0 | 0 | 47% | 43% |
Conclusions: The proposed rules do not change forests and fish road maintenance and abandonment standards, and thus have no impact on the benefits of existing regulations. Impacts on costs are positive for the small forest landowner sector of the rule-complying community: (1) Planning costs are minimized by a simplified planning process; and (2) financial assistance available from the FFFPP transfers fish passage barrier repair-related costs of forest and fish RMAP compliance from small forest landowners to the state, providing a benefit to the 75% of small businesses that qualify as small forest landowners. This benefit is substantial, since the FFFPP contributes a minimum of 75% of the cost of fish passage barrier repair.
In terms of cost per $100 of revenue, the proposed rules accrue a benefit of $2.60 per $100 to western Washington small businesses and $6.50 to eastern Washington small businesses. The proposed rules have no effect on large businesses because they don't qualify for small forest landowner status.
1 For CBA requirements, see RCW 34.05.328 - The Washington State Legislature.
2 For SBEIS requirements, see RCW 19.85.040 - The Washington State Legislature.
3 The CBA can be accesses at http://www.dnr.wa.gov/sflo/publications/cba.pdf. The SBEIS can be accessed at http://www.dnr.wa.gov/sflo/publications/sbeis.pdf.
4 The FFFPP also provides technical assistance to small forest landowners, but these benefits have not been factored in to this analysis.
5 Defined as other private lands forest acreage, excluding Native American forest land.
6 Forests and fish requirements pertaining to road maintenance and stream crossings. Source: 2001 forests and fish SBEIS.
A copy of the statement may be obtained by contacting Gretchen Robinson, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504, phone (360) 902-1705, fax (360) 902-1428, e-mail gretchen.robinson@wadnr.gov.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Gretchen Robinson, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504, phone (360) 902-1705, fax (360) 902-1428, e-mail gretchen.robinson@wadnr.gov. See small business economic impact statement above. Note: The preliminary cost-benefit analysis and small business economic impact statement are combined in the attached draft economic analysis.
August 22, 2005
Pat McElroy
for Mark Kahley, Chair
OTS-8243.1
AMENDATORY SECTION(Amending WSR 05-12-119, filed 5/31/05,
effective 7/1/05)
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 forest practices appeals board established in the act.
"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) or 222-22-060(2).
"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 floodplain 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 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 nesting season" means for marbled murrelets - April 1 to August 31.
"Critical habitat (state)" means those habitats designated by the board in accordance with WAC 222-16-080.
"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.
"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 land owner" 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((: Provided, That)). 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 land owner" 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:
(a) "Large forest landowner" is a forest landowner who is not a small forest landowner.
(b) "Small forest landowner" is a forest landowner who at the time of submitting a forest practices application or notification:
• Has an average annual timber harvest level of two million board feet or less from their own forest lands in Washington state; and
• Has not exceeded this harvest level for the past three years; and
• Certifies to the department this annual harvest level will not be exceeded for the next ten years.
Except the department will agree an applicant is a small forest landowner if the landowner can demonstrate 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, 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 ((or forest
management activities such as fire control)). "Forest roads"
does not include skid trails, highways, or ((county)) local
government roads except where the ((county)) local
governmental entity is a forest landowner ((or operator)).
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.
"Historic site" includes:
Sites, areas and structures or other evidence of human activities illustrative of the origins, evolution and development of the nation, state or locality; or
Places associated with a personality important in history; or
Places where significant historical events are known to have occurred even though no physical evidence of the event remains.
"Horizontal distance" means the distance between two points measured at a 0% 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.
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"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 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 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 30 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 ((the establishment of any new
sub-grade including widening, realignment, or modification of
an existing road prism, with the exception of replacing or
installing drainage structures, for the purposes of managing
forest land under TITLE 222 WAC)):
(a) Establishing any new forest road;
(b) Road work located outside an existing forest road prism, except for road maintenance.
"Road maintenance" means ((any road work specifically
related to maintaining water control or road safety and
visibility (such as; grading, spot rocking, resurfacing,
roadside vegetation control, water barring, ditch clean out,
replacing or installing relief culverts, cleaning culvert
inlets and outlets) on existing forest roads)):
(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.
"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 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 40% 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 avulsing stream" means generally fifth order or larger waters that experience abrupt shifts in channel location, creating a complex flood plain characterized by extensive gravel bars, disturbance species of vegetation of variable age, numerous side channels, wall-based channels, oxbow lakes, and wetland complexes. Many of these streams have dikes and levees that may temporarily or permanently restrict channel movement.
"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 assessment completed under WAC 222-22-050 or 222-22-060 together with the prescriptions selected under WAC 222-22-070 and shall include assessments completed under WAC 222-22-050 where there are no areas of resource sensitivity.
"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. 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.]
(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 5 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 the board manual section 16 for more descriptive definitions.)
(A) Inner gorges, convergent headwalls, or bedrock hollows with slopes steeper than 35 degrees (70%);
(B) Toes of deep-seated landslides, with slopes steeper than 33 degrees (65%);
(C) Ground water 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/notification on professional knowledge of the area, information such as soils, geologic or hazard zonation maps and reports 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 WAU that is subject to an approved watershed analysis;
(B) The forest practices are to be conducted in accordance with an approved prescription from the watershed analysis (or as modified through the 5-year review process); and
(C) The applicable prescription is 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 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, construction of roads, landings, rock quarries, gravel pits, borrow pits, and spoil disposal areas on archaeological or historic sites registered with the Washington state office of archaeology and historic preservation, or on sites containing evidence of Native American cairns, graves, or glyptic records, as provided for in chapters 27.44 and 27.53 RCW. The department shall consult with affected Indian tribes in identifying such sites.
*(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) in the watershed analysis.
*(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."
(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) Forest practices which would otherwise be Class III, but which are taking place on lands which 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) 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 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.
Upon receipt of an application, the department will determine the lead agency for purposes of compliance with the State Environmental Policy Act pursuant to WAC 197-11-924 and 197-11-938(4) and RCW 43.21C.037(2). Such applications are subject to a 30-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 from a county/city acting under the powers enumerated in RCW 76.09.240, the department shall notify the applicable county/city under WAC 197-11-924 that the department has determined according to WAC 197-11-938(4) that the county/city is the lead agency for purposes of compliance with the State Environmental Policy Act.
(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: (i) Replacement of bridges and 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.
*(c) Construction of landings less than 1 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 600 feet of road on a sideslope of 40 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 5,000 board feet of timber (including live, dead and down material) for personal use (i.e., firewood, fence posts, etc.) in any 12-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 40 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 40 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 100 feet of lands used for farming, or within 200 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 40 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) 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. 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; and
(iii) No change in the nature and extent of the forest practice is required under rules effective at the time of renewal. Renewal of a previously approved multiyear permit for forest practices within a WAU with an approved watershed analysis requires completion of a necessary 5-year review of the watershed analysis.
*(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 1 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 40 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 40 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 40 percent or less of the live timber volume.
(ii) East of the Cascade summit, partial cutting of 5,000 board feet per acre or less.
(iii) Salvage of dead, down, or dying timber if less than 40 percent of the total timber volume is removed in any 12-month period.
(iv) Any harvest on less than 40 acres.
(v) Construction of 600 or more feet of road, provided that the department shall be notified at least 2 business days before commencement of the construction.
(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).
*(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 ((and reconstruction)) except
as listed in Classes I, II and IV forest practices.
(g) Opening of new pits or extensions of existing pits over 1 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, are:
(i) On or are eligible for listing on the National Register of Historic Places; or
(ii) Have been identified to the department as being of interest to an affected Indian tribe.
(l) Harvesting exceeding 19 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.
[Statutory Authority: RCW 76.09.040. 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-8244.1
AMENDATORY SECTION(Amending WSR 05-12-119, filed 5/31/05,
effective 7/1/05)
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 (4) below, 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 original landowner or applicant 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 must be delivered to the department at the appropriate region office. Delivery should be in person or by registered or certified mail.
(8) Applications and notifications shall be considered 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. 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 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 45 days.
(b) An 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, 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. If a notification or application is delivered in person to the department by the operator or the operator's authorized agent, the department shall immediately provide a dated receipt. In all other cases, the department shall immediately mail a dated receipt to the applicant.
(9) 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 48 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.
(10) 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. 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.]
(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 road maintenance and
abandonment plan (other than a checklist) may apply for a
multiyear permit to perform road maintenance ((or abandonment
if the landowner has an approved road maintenance and
abandonment plan where)) road abandonment, and/or associated
right of way timber harvest, if the schedule for implementing
the plan is longer than two years. ((The information provided
and level of detail must be comparable to that required for
two-year permits under WAC 222-24-050.))
(3) A landowner may apply for a multiyear permit to perform an approved alternate plan.
[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.]
(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.
(a) RCW 76.09.240(4) 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.
(c) The department shall transmit the applications to the appropriate local governmental entity within two business days from the date the department 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) Local governmental entity conditions shall be filed with the department within twenty-nine days of the filing of the application with the department 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 SEPA. (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 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 (i) twenty-nine days of the receipt of the application by the department, (ii) fourteen business days of the transmittal of the application to the lead agency if the lead agency is a local governmental entity; or (iii) 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 deny the application or require an EIS. (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 deny the application.
(5) Small forest landowner approval conditions. The department shall not disapprove a small forest landowner's application/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:
• Any barriers on their forest roads located within the boundaries of their application/notification; and
• Any barriers on their forest roads needed for their proposed forest practice, but located outside the boundaries of the application/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 ((Southwest)) 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 an application or notification within the CRGNSA special management area.
[Statutory Authority: RCW 76.09.040. 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.]
(1) Prior to the sale or transfer of land or perpetual timber rights subject to continuing forest land obligations under the Forest Practices Act and rules, the seller must notify the buyer of the existence and nature of such a continuing obligation and the buyer must sign a notice of continuing forest land obligation indicating the buyer's knowledge of the obligations. The notice must be:
(a) On a form prepared by the department;
(b) Sent to the department by the seller at the time of sale or transfer of land or perpetual timber rights; and
(c) Retained by the department.
(2) If the seller fails to notify the buyer about the continuing forest land obligation, the seller must pay the buyer's costs related to continuing forest land obligations, including all legal costs and reasonable attorneys' fees incurred by the buyer in enforcing the continuing forest land obligation against the seller.
(3) Failure by the seller to send the required notice to the department at the time of sale will be prima facie evidence in an action by the buyer against the seller for costs related to the continuing forest land obligation prior to sale.
[Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-20-055, filed 5/30/01, effective 7/1/01.]
OTS-8245.1
AMENDATORY SECTION(Amending WSR 05-12-119, filed 5/31/05,
effective 7/1/05)
WAC 222-24-010
Policy.
*(1) A well designed, located,
constructed, and maintained system of forest roads is
essential to forest management and protection of the public
resources. Riparian areas contain some of the more productive
conditions for growing timber, are heavily used by wildlife
and provide essential habitat for fish and wildlife and
essential functions in the protection of water quality. Wetland areas serve several significant functions in addition
to timber production: Providing fish and wildlife habitat,
protecting water quality, moderating and preserving water
quantity. Wetlands may also contain unique or rare ecological
systems.
*(2) To protect water quality and riparian habitat, roads must be constructed and maintained in a manner that will prevent potential or actual damage to public resources. This will be accomplished by constructing and maintaining roads so as not to result in the delivery of sediment and surface water to any typed water in amounts, at times or by means, that preclude achieving desired fish habitat and water quality by:
• Providing for fish passage at all life stages (see Washington state department of fish and wildlife hydraulic code TITLE 220 WAC);
• Preventing mass wasting;
• Limiting delivery of sediment and surface runoff to all typed waters;
• Avoiding capture and redirection of surface or ground water. This includes retaining streams in their natural drainages and routing subsurface flow captured by roads and road ditches back onto the forest floor;
• Diverting most road runoff to the forest floor;
• Providing for the passage of some woody debris;
• Protecting stream bank stability;
• Minimizing the construction of new roads; and
• Assuring ((that)) there is no net loss of wetland
function.
The road construction and maintenance rules in this
chapter must be applied in achieving these goals. Additional
guidance is identified in ((the)) board manual section 3. If
these goals are not achieved using the rules and the applied
guidance, additional management strategies must be employed.
*(3) Extra protection is required during road construction and maintenance to protect public resources and timber growing potential. Landowners and fisheries and wildlife managers are encouraged to cooperate in the development of road management and abandonment plans. Landowners are further encouraged to cooperate in sharing roads to minimize road mileage and avoid duplicative road construction.
*(4) This section covers the location, design, construction, maintenance and abandonment of forest roads, bridges, stream crossings, quarries, borrow pits, and disposal sites used for forest road construction and is intended to assist landowners in proper road planning, construction and maintenance so as to protect public resources.
| (Note: | Other laws and rules and/or permit requirements may apply. See chapter 222-50 WAC.) |
[Statutory Authority: RCW 76.09.040. 05-12-119, § 222-24-010, 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, § 222-24-010, 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, § 222-24-010, filed 12/20/93, effective 1/1/94. Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW. 92-15-011, § 222-24-010, filed 7/2/92, effective 8/2/92. Statutory Authority: RCW 76.09.040. 87-23-036 (Order 535), § 222-24-010, 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), § 222-24-010, filed 8/3/82, effective 10/1/82; Order 263, § 222-24-010, filed 6/16/76.]
The goals for road maintenance outlined in this chapter are expected to be achieved by July 1, 2016. The strategies for achieving the goals are different for large forest landowners and small forest landowners.
For large forest landowners, all forest roads must be improved and maintained to the standards of this chapter prior to July 1, 2016. Work performed toward meeting the standards must generally be even flow over the fifteen-year period with priorities for achieving the most benefit to the public resources early in the period. These goals will be achieved through the road maintenance and abandonment plan process outlined in WAC 22-24-051.
For small forest landowners, the goals will be achieved through the road maintenance and abandonment plan process outlined in WAC 222-24-0511, by participation in the state-led family forest fish passage program, and by compliance with the Forest Practices Act and rules. The purpose of the family forest fish passage program is to assist small forest landowners in providing fish passage by offering cost-share funding and prioritizing projects on a watershed basis, fixing the worst fish passage barriers first. The department, in consultation with the departments of ecology and fish and wildlife, will monitor the extent, effectiveness, and progress of checklist road maintenance and abandonment plan implementation and report to the legislature and the board by December 31, 2008, and December 31, 2013.
[Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-24-050, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-24-050, filed 12/3/97, effective 1/3/98; 93-12-001, § 222-24-050, 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, § 222-24-050, filed 7/2/92, effective 8/2/92. Statutory Authority: RCW 76.09.040. 87-23-036 (Order 535), § 222-24-050, 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), § 222-24-050, filed 8/3/82, effective 10/1/82; Order 263, § 222-24-050, filed 6/16/76.]
*(1) Landowners ((with 500 acres or more of forest land
in a DNR region)) must maintain a schedule of submitting plans
to the department that cover 20% of their roads or land base
each year.
*(2) ((Landowners with less than 500 acres of forest land
in a DNR region must submit with their first forest practices
application or notification a road maintenance and abandonment
plan covering the roads that will be used by the application.
Within one year of the date of submittal of the first forest
practices application or notification or before the end of
2005, whichever comes first, the landowner must submit a road
maintenance and abandonment plan for the rest of their
ownership in that region. Once the plan is approved, the
landowner must attach or reference the approved road
maintenance and abandonment plan when submitting subsequent
applications.
(3))) For those portions of their ownership that fall
within a watershed administrative unit covered by an approved
watershed analysis plan, chapter 222-22 WAC, landowners may
follow the watershed administrative unit-road maintenance
plan, providing the roads they own are covered by the plan. A
proposal to update the road plan to meet the current road
maintenance standards must be submitted to the department for
review on or before the next scheduled road maintenance plan
review. If annual reviews are not required as part of the
watershed analysis road plan, the plan must be updated by
October 1, 2005. All roads in the planning area must be in
compliance with the current rules by ((the end of calendar
year 2015)) July 1, 2016. See the board manual section 3 for
road maintenance and abandonment plan outline.
*(((4))) (3) Plans will be submitted by landowners on a
priority basis. Road systems or drainages in which
improvement, abandonment or maintenance have the highest
potential benefit to the public resource are the highest
priority. Based upon a "worst first" principle, work on roads
that affect the following are presumed to be the highest
priority:
(a) Basins containing, or road systems potentially affecting, waters which either contain a listed threatened or endangered fish species under the federal or state law or a water body listed on the current 303(d) water quality impaired list for road related issues.
(b) Basins containing, or road systems potentially affecting, sensitive geology/soils areas with a history of slope failures.
(c) Road systems or basins where other restoration projects are in progress or may be planned coincident to the implementation of the proposed road plan.
(d) Road systems or basins likely to have the highest use in connection with future forest practices.
*(((5))) (4) Based upon a "worst first" principle, road
maintenance and abandonment plans must pay particular
attention to:
(a) Roads that block fish passage;
(b) Roads that deliver sediment to typed water;
(c) Roads with evidence of existing or potential instability that could adversely affect public resources;
(d) Roads or ditchlines that intercept ground water; and
(e) Roads or ditches that deliver surface water to any typed waters.
*(((6))) (5) Road maintenance and abandonment plans must
include:
(a) Ownership maps showing all forest roads, including orphan roads; planned and potential abandonment, all typed water, Type A and B Wetlands that are adjacent to or crossed by roads, stream adjacent parallel roads and an inventory of the existing condition; and
(b) Detailed description of the first years work with a schedule to complete the entire plan within fifteen years; and
(c) Standard practices for routine road maintenance; and
(d) Storm maintenance strategy that includes prestorm planning, emergency maintenance and post storm recovery; and
(e) Inventory and assessment of the risk to public resources or public safety of orphaned roads; and
(f) The landowner or landowner representative's signature.
*(((7))) (6) Priorities for road maintenance work within
plans are:
(a) Removing blockages to fish passage beginning on roads affecting the most habitat first, generally starting at the bottom of the basin and working upstream;
(b) Preventing or limiting sediment delivery (areas where sediment delivery or mass wasting will most likely affect bull trout habitat will be given the highest priority);
(c) Correcting drainage or unstable sidecast in areas where mass wasting could deliver to public resources or threaten public safety;
(d) Disconnecting road drainage from typed waters;
(e) Repairing or maintaining stream-adjacent parallel roads with an emphasis on minimizing or eliminating water and sediment delivery;
(f) Improving hydrologic connectivity by minimizing the interruption of surface water drainage, interception of subsurface water, and pirating of water from one basin to another; and
(g) Repair or maintenance work which can be undertaken with the maximum operational efficiency.
*(((8))) (7) Initial plans ((for landowners with 500
acres or more of forest land in a DNR region)) must be
submitted to the department during the year 2001 as scheduled
by the department.
*(((9))) (8) Each year on the anniversary date of the
plan's submittal, landowners must report work accomplished for
the previous year and submit to the department a detailed
description of the upcoming year's work including
modifications to the existing work schedule.
The department's review and approval will be conducted in consultation with the department of ecology, the department of fish and wildlife, affected tribes and interested parties. The department will:
(a) Review the progress of the plans annually with the landowner to determine if the plan is being implemented as approved; and
(b) The plan will be reviewed by the department and approved or returned to the applicant with concerns that need to be addressed within forty-five days of the plan's submittal.
(c) Additional plans will be signed by the landowner or the landowner's representative.
*(((10))) (9) The department will facilitate an annual
water resource inventory area (WRIA) meeting with landowners,
the department of fish and wildlife, the department of
ecology, affected tribes, the National Marine Fisheries
Service, the U.S. Fish and Wildlife Service, affected
counties, local U.S. Forest Service, watershed councils, and
other interested parties. The purpose of the meeting is to:
(a) Suggest priorities for road maintenance and abandonment planning; and
(b) Exchange information on road maintenance and stream restoration projects.
((*(11) A forest practices application with a detailed
one to five year work plan associated with a submitted road
maintenance and abandonment plan will be treated as a
multiyear permit. The application will be reviewed, approved,
conditioned and/or disapproved within 45 days of acceptance. The application will be reviewed in consultation with the
department of ecology, department of fish and wildlife,
affected tribes and interested parties.))
*(((12))) (10) Regardless of the schedule for plan
development, roads that are currently used or proposed to be
used for timber hauling must be maintained in a condition that
prevents potential or actual damage to public resources. If
the department determines that log haul on such a road will
cause or has the potential to cause material damage to a
public resource, the department may require the applicant to
submit a plan to address specific issues or segments on the
haul route.
*(((13))) (11) If a landowner is found to be out of
compliance with the work schedule of an approved road
maintenance and abandonment plan and the department determines
that this work is necessary to prevent potential or actual
damage to public resources, then the department will exercise
its authority under WAC 222-46-030 (notice to comply) and WAC 222-46-040 (stop work order) to restrict use of the affected
road segment.
(a) The landowner may submit a revised maintenance plan for maintenance and abandonment and request permission to use the road for log haul.
(b) The department must approve use of the road if the revised maintenance plan provides protection of the public resource and maintains the overall schedule of maintenance of the road system or basin.
*(((14))) (12) If a landowner is notified by the
department that their road(s) has the potential to damage
public resources, the landowner must, within 90 days, submit
to the department for review and approval a plan or plans for
those drainages or road systems within the area identified by
the department.
[Statutory Authority: RCW 76.09.040. 05-12-119, § 222-24-051, 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, § 222-24-051, filed 5/30/01, effective 7/1/01.]
(2) Small forest landowners other than those described in subsection (1) of this section, are only required to submit a checklist road maintenance and abandonment plan when they submit a forest practices application or notification that includes timber harvest or salvage. The checklist must include all their forest roads that are used for the forest practice. Instead of a checklist, landowners may submit a road maintenance and abandonment plan as described in WAC 222-24-051 with the following modifications:
• They are not required to submit an annual report; and
• If they participate in the family forest fish passage program, they may schedule their barrier projects accordingly.
(3) Forest roads must be maintained only to the extent necessary to prevent damage to public resources.
*(4) If the department determines that a road will cause or has the potential to cause damage to a public resource, the department may require the applicant to submit a compliance schedule of work to fix the problem(s) identified by the department.
(5) Fish passage barriers will be assessed on a watershed basis focusing on fixing the worst barriers first.
(a) The department's family forest fish passage program is available to assist with the removal, replacement, or repair of fish passage barriers that were installed prior to May 14, 2003. The program includes limits on landowner costs and the opportunity for in-kind contributions. One hundred percent public funding shall be provided if an existing barrier was installed under an approved forest practices application, and hydraulics project approval, and that barrier becomes a high priority for replacement.
(b) Small forest landowners who participate in the family forest fish passage program are not required to remove, replace or repair barriers until cost share funding is available and higher priority barriers on lands within the watershed have been removed or funded. Small forest landowners participating in the program may make use of prioritization without any obligations to receive funding from the program.
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