PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amend chapter 222-21 WAC, Forestry riparian easement program (FREP) to incorporate ESHB 1509 (2011 legislation) that amended chapter 76.13 RCW.
Citation of Existing Rules Affected by this Order: Repealing WAC 222-21-020, 222-21-035, 222-21-060, 222-21-061 and 222-21-065; and amending WAC 222-21-005, 222-21-010, 222-21-030, 222-21-040, 222-21-045, 222-21-050, 222-21-070, 222-21-080, and 222-21-090.
Statutory Authority for Adoption: RCW 76.090.040 [76.09.040] and 76.09.370.
Other Authority: RCW 76.13.120.
Adopted under notice filed as WSR 12-05-094 on February 17, 2012.
A final cost-benefit analysis is available by contacting Patricia Anderson, Department of Natural Resources, P.O. Box 47012, Olympia, WA 98504-7012, phone (360) 902-1413, fax (360) 902-1428, e-mail forest.practicesboard@dnr.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 4, Amended 9, Repealed 5.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 8, 2012.
B. Moran
Chair
OTS-4603.6
AMENDATORY SECTION(Amending WSR 01-12-042, filed 5/30/01,
effective 7/1/01)
WAC 222-21-005
Policy.
The legislature has found that
further reduction in harvestable timber owned by small forest
landowners as a result of the rules adopted under RCW 76.09.055 or 76.09.370 will further erode small landowners'
economic viability and willingness or ability to keep the
lands in forestry use and, therefore, reduce the amount of
habitat available for salmon recovery and conservation of
other aquatic resources. The legislature addressed these
concerns by establishing a forestry riparian easement program
to acquire easements from qualifying small forest landowners
along riparian and other areas of value to the state for
protection of aquatic resources.
[Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-21-005, filed 5/30/01, effective 7/1/01.]
(1) (("Commercially reasonable harvest unit" means a
harvest area that meets the requirements of WAC 222-21-060.
(2))) "Completion of harvest" means that the trees within
the area under an approved forest practices application have
been harvested ((from an area under an approved forest
practices application)) and ((that)) further entry into that
area by any type of logging or slash treating equipment or
method is not expected.
(((3) "Compliance costs" includes the cost of preparing
and recording the easement, and any business and occupation
tax and real estate excise tax imposed because of entering
into the easement.
(4) "Danger tree" means any qualifying timber reasonably perceived to pose an imminent danger to life or improved property.
(5))) (2) "Easement premises" means the geographic area
designated in a forestry riparian easement((,)) including
((the)) areas in which qualifying timber is located. ((Easement premises may be categorized as follows:
(a) Riparian area easement premises means riparian areas and areas upon which qualifying timber associated with riparian areas are located.
(b) Other easement premises means areas of land required to be left unharvested under rules adopted under RCW 76.09.055 or 76.09.370 including areas upon which other qualifying timber outside riparian areas is located and areas of land upon which uneconomic qualifying timber is located.
(6))) (3) "Forestry riparian easement" means ((an)) a
conservation easement covering qualifying timber granted
voluntarily to the state by a qualifying small forest
landowner.
(((7))) (4) "Forests and fish rules" means the rules
adopted by the board in accordance with RCW 76.09.055,
76.09.370, and the amendments to those rules.
(5) "Hazardous substances" ((means)) includes, but is not
limited to, hazardous substances as defined in RCW 70.102.010(((5),)) and 70.105D.020(((7))), and solid waste as
defined in RCW 70.95.030(((22))).
(((8) "High impact regulatory threshold" means the
threshold where the value of qualifying timber is greater than
19.1% (for timber in Western Washington) or 12.2% (for timber
in Eastern Washington) of the value of the harvested timber
and qualifying timber under the approved forest practices
application covering the qualifying timber.
(9))) (6) "Qualifying small forest landowner" means an owner of forest land with qualifying timber meeting all of the criteria in (a)(i) through (iv) of this subsection as of the date the department receives a forest practices application associated with a proposed forestry riparian easement, and the date the department offers compensation for the easement.
(a) A qualifying small forest landowner:
(i) Is an individual, partnership, corporation, or other nongovernmental for-profit legal entity. If a landowner grants timber rights to another entity for less than five years, the landowner may still be a qualifying small forest landowner under this chapter;
(ii) Has a fee interest in the land and timber or has rights to harvest the timber to be included in the forestry riparian easement that extend at least fifty years from the date the completed forestry riparian easement application is submitted to and received by the small forest landowner office;
(iii) Has no outstanding violations of chapters 76.09 or 76.13 RCW or any associated forest practices rules;
(iv) Has harvested or expects to harvest from his or her forest lands in this state as follows:
(A) No more than the average volume that would qualify the landowner as a "small harvester" under RCW 84.33.035 during the three years prior to the year the department receives a complete forest practices application associated with the easement, and certifies that he or she does not expect to exceed that average timber volume during the ten years following the date of the offer of compensation for the easement; or
(B) If the landowner can establish to the satisfaction of the small forest landowner office that those harvest limits were or will be exceeded to raise funds to pay estate taxes or other equally compelling and unexpected obligations such as court-ordered judgments or extraordinary expenses, the landowner may still be a qualifying small forest landowner.
(b) To be eligible for a forestry riparian easement, a qualifying small forest landowner must have submitted a forest practices application covering qualifying timber to the appropriate region office, and the department must have approved the application or disapproved it because of forests and fish rule restrictions. See WAC 222-21-032 for more information about easement eligibility.
(7) "Qualifying timber" means ((those)) forest trees that
meet criteria (a) through (c) of this subsection:
(a) Are covered by a forest practices application ((that
the small forest landowner is required to leave unharvested
under rules adopted under RCW 76.09.055 or 76.09.370 or that
are made uneconomic to harvest by those rules, and for which
the small forest landowner is willing to grant the state a
forestry riparian easement. Qualifying timber is timber
within or bordering a commercially reasonable harvest unit, or
timber for which an approved forest practices application for
timber harvest cannot be obtained because of restrictions
under these rules. Qualifying timber is categorized as
follows:
(a) Permanent qualifying timber includes trees that shall not be harvested or damaged or removed from the easement premises during the term of the easement.
(i) Where permanent qualifying timber is in areas in which no harvest may take place, the easement shall describe the boundaries of the areas. No harvest of any tree within this area shall take place during the term of the easement.
(ii) Where permanent qualifying timber is located in areas in which selective harvest may take place, the permanent qualifying timber must be tagged for the duration of the easement.
(b) Reserve qualifying timber includes trees that may be harvested and removed but only in compliance with the terms of the easement. Reserve qualifying timber shall be identified separately from the permanent qualifying timber.
(c) Replacement qualifying timber includes trees which, in the future, will be substituted for the reserve qualifying timber before the reserve qualifying timber may be harvested or removed from the property. Replacement qualifying timber will be selected from time to time pursuant to the provisions of the easement and will be subject to the terms and protections of the easement.
(d) Uneconomic qualifying timber includes trees made uneconomical to harvest. The trees are considered permanent qualifying timber and may not be harvested or otherwise damaged during the term of the easement.
(e) Other qualifying timber outside riparian areas includes trees that may not be harvested under forest practices rules adopted under RCW 76.09.055 or 76.09.370 for reasons other than protection of riparian functions. It includes without limitation trees that are unharvestable because of public safety concerns. The trees are considered permanent qualifying timber and may not be harvested or otherwise damaged during the term of the easement.
(10) "Reimbursement" means the repayment that the department shall provide to small forest landowners for the actual costs incurred for laying out the streamside buffers and marking the qualifying timber once a contract has been executed for the forestry riparian easement program.
(11) "Riparian areas" include the areas designated in a forestry riparian easement. Riparian areas include without limitation all riparian and other special management zones required by the forest practices rules for protection of aquatic resources and includes associated qualifying timber.
(12) "Riparian function" includes bank stability, recruitment of woody debris, leaf litter fall, nutrients, sediment filtering, shade, and other riparian features that are important to both riparian forest and aquatic systems conditions.
(13) "Small forest landowner" means:
(a) A forest landowner meeting all of the following characteristics as of the date a forest practices application is received (see WAC 222-20-010(7)), or the date the landowner provides written notification to the small forest landowner office that the harvest is to begin, for which the forestry riparian easement is associated:
(i) Is an individual, partnership, corporate, or other nongovernmental legal entity. If a landowner grants timber rights to another entity for less than five years, the landowner may still qualify as a small forest landowner under this section;
(ii) Has a fee interest in the land and timber or has rights to harvest the timber to be included in the forestry riparian easement that extend at least fifty years from the date the forest practices application associated with the easement is received;
(iii) Has harvested from its own lands in this state during the three years prior to the year of application an average timber volume that would qualify the forest landowner as a small harvester under RCW 84.33.035(14); and
(iv) Certifies at the time the forest practices application is received that it does not expect to harvest from its own lands more than the volume allowed by RCW 84.33.035(14) during the ten years following receipt of the application.
(b) A forest landowner whose prior three-year average harvest exceeds the limit of RCW 84.33.035(14), or who expects to exceed this limit during the ten years following receipt of the forest practices application, may still qualify as a small forest landowner if that landowner establishes to the small forest landowner office reasonable satisfaction that the harvest limits were or will be exceeded to raise funds to pay estate taxes or equally compelling and unexpected obligations such as court-ordered judgments or extraordinary medical expenses. (Note: The small forest landowner office will establish a board manual governing these exceptions.)
(c) A landowner may still qualify as a small forest landowner if the landowner is unable to obtain an approved forest practices application for timber harvest for any of his or her land because of restrictions under the forest practices rules adopted under RCW 76.09.055 or 76.09.370)).
(b) Fit one of the following situations:
(i) The timber is required to be left unharvested because of forests and fish rule restrictions and is within, immediately adjacent to, or physically connected to a commercially reasonable harvest unit under an approved forest practices application; or
(ii) The timber cannot be approved for harvest under a forest practices application because of forests and fish rule restrictions.
(c) Are located within one or more of the following areas:
(i) Riparian or other sensitive aquatic areas;
(ii) Channel migration zones; or
(iii) Areas of potentially unstable slopes or landforms, verified by the department, that have the potential to deliver sediment or debris to a public resource or threaten public safety and are immediately adjacent to or physically connected to other qualifying timber that is located within riparian or other sensitive aquatic areas.
Qualifying timber may also mean forest trees that do not meet criteria (b) or (c) of this subsection if they are uneconomic to harvest as determined under WAC 222-21-032(6).
(((14))) (8) "Small forest landowner office" ((is)) means
an office within the department ((described in RCW 76.13.110,
and it shall be)) of natural resources. The office is a
resource and focal point for small forest landowner concerns
and policies, and ((shall have significant)) has expertise
regarding the management of small forest holdings and
government programs applicable to such holdings((, and the)).
The office manages the forestry riparian easement program.
(((15) "Uneconomic to harvest" means that a harvest area
meets the requirements of WAC 222-21-065.))
[Statutory Authority: RCW 76.09.040. 08-24-011, § 222-21-010, filed 11/21/08, effective 12/22/08. Statutory Authority: RCW 76.09.040, 76.09.370, chapters 76.13 and 34.05 RCW. 03-06-039, § 222-21-010, filed 2/26/03, effective 3/29/03. Statutory Authority: RCW 76.09.040, chapters 76.13, 34.05 RCW. 02-05-084, § 222-21-010, filed 2/20/02, effective 3/23/02. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-21-010, filed 5/30/01, effective 7/1/01.]
(This version assumes ownership of land and trees)
(2) Forestry riparian easement application. The
landowner will provide the following ((items are required
for)) information in a ((complete)) forestry riparian easement
application:
(a) ((A certification by the small forest landowner that
he or she meets the qualifications of a small forest
landowner;)) County tax parcel numbers of the property in the
proposed easement premises;
(b) A list of all forest practices application numbers
((for the commercially reasonable harvest units and the
associated qualifying timber on the property)) of approved
and/or disapproved forest practices applications;
(c) The ((dates and areas of all planned future harvest
entries on the easement premises;)) landowner's signature
certifying that the landowner meets the criteria of a
qualifying small forest landowner and documenting that the
landowner is willing to sell or donate such easements to the
state; and
(d) ((A preliminary litigation guarantee or similar
report from a title company for the tax parcels that contain
the easement premises;
(e) A description of past and current uses of the easement premises;
(f) Any information not specifically listed that the small forest landowner office needs to evaluate the easement and eligibility of the small forest landowner.)) Documentation that qualifying timber is harvested, cannot be harvested because of forests and fish rule restrictions, or is uneconomic to harvest because of forests and fish rule restrictions. See WAC 222-21-032 for additional information about these eligibility criteria.
The small forest landowner office may require additional information from the applicant to process the application and evaluate the eligibility of the proposed easement premises and the landowner.
(3) Baseline documentation. The small forest landowner
office will gather baseline documentation ((must)) that will
describe the features and current uses on the proposed
forestry riparian easement premises and the qualifying timber.
The ((information provided by the small forest landowner in
subsection (2) of this section is considered part of the
baseline)) documentation((. In addition, the department will
provide documentation that includes, but is not limited to))
will include but not be limited to:
(a) A summary of cruise information consistent with the standards and methods in WAC 222-21-040; and
(b) An assessment to determine site condition and
potential liabilities associated with the proposed riparian
easement (((see the board manual section 17 for procedures for
conducting assessment); and
(c) A description of the easement consistent with WAC 222-21-035)) premises.
(4) Forestry riparian easement contract. The forestry riparian easement contract will identify the parties, describe the land, locate the easement, state the terms and conditions, and provide a statement of consideration. The contract will include language consistent with RCW 76.13.120(5) concerning the preservation of all lawful uses of the easement premises by the landowner. The easement will be for a term of fifty years from the date the completed forestry riparian easement application is submitted to and received by the small forest landowner office.
(5) Land description standards.
(a) The forestry riparian easement contract will include a description of the easement premises using a land survey provided by the department unless the cost of securing the survey would be unreasonable in relation to the value of the easement conveyed.
(b) When the small forest landowner office determines a land survey is not required, the department will prepare a written description that suitably and accurately depicts the location of the easement conveyed, or the department may consider other methods, such as producing a map, to accurately describe the easement premises.
[Statutory Authority: RCW 76.09.040. 05-12-119, § 222-21-030, filed 5/31/05, effective 7/1/05. Statutory Authority: RCW 76.09.040, 76.09.370, chapters 76.13 and 34.05 RCW. 03-06-039, § 222-21-030, filed 2/26/03, effective 3/29/03. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-21-030, filed 5/30/01, effective 7/1/01.]
(1) The department will verify the timber harvest associated with the easement is complete.
(2) The department will submit the list of eligible projects to the state legislature for budget approval.
(3) The landowner or the landowner's representative will mark the boundary of the area containing the qualifying timber.
(4) The department will verify eligibility of qualifying timber.
(5) The department will perform a timber cruise on the qualifying timber to establish the compensation value.
(6) The department will inform the landowner in writing of the easement value. All compensation and reimbursement is subject to available funding.
(7) If an application is ineligible, the department will notify the landowner in writing the reasons why. The department will return ineligible applications to landowners.
[]
(2) The easement premises cannot contain unacceptable liabilities as determined by the small forest landowner office. Unacceptable liabilities include, but are not limited to, the presence of hazardous substances on the land or other conditions that may create a liability to the department, any existing uses of the property that may jeopardize the protection of the easement premises and qualifying timber, and situations in which the applicant is unwilling or unable to provide reasonable protection against financial loss to the state.
(3) Where more than one person has an interest in property to be covered by a forestry riparian easement, all persons holding rights to control or affect the easement premises and qualifying timber must execute the easement documents or otherwise subordinate their interest to the easement being acquired by the state. This includes tenants in common, joint tenants, holders of reversionary interests, lien holders, and mortgages.
(4) Commercially reasonable harvest. The small forest landowner office will consider the following criteria to determine if an area covered by a forest practices application involves a commercially reasonable harvest. The proposed harvest must meet all five of the following requirements:
(a) The harvest unit is immediately adjacent to or physically connected to qualifying timber;
(b) The application is for a forest practice involving a timber harvest and the harvest would not result in a conversion to a use other than commercial timber operation;
(c) The landowner is not eligible for the twenty acre exemption under WAC 222-30-023;
(d) The value of the timber in the harvest unit, excluding qualifying timber, equals or exceeds one thousand dollars, which is the minimum required by department of revenue for taxing purposes; and
(e) The value of the taxable harvest equals or exceeds the value of the qualifying timber established under WAC 222-21-045 unless otherwise approved by the small forest landowner office.
(5) Commercially reasonable harvest is not possible. The small forest landowner office will consider the following criteria to determine if a forest practices application for harvest may qualify for the forestry riparian easement program because it involves an area where a commercially reasonable harvest is not possible. The proposed harvest must meet all four of the following requirements:
(a) The forest practices application has been disapproved because the area covered by the application cannot be harvested due to forests and fish rule restrictions;
(b) The forest practices application involves a proposed timber harvest and the harvest would not result in a conversion to a use other than commercial timber operation;
(c) The landowner is not eligible for the twenty acre exemption under WAC 222-30-023; and
(d) The value of the qualifying timber equals or exceeds one thousand dollars, which is the minimum required by the department of revenue for taxing purposes.
(6) Uneconomic to harvest. The small forest landowner office will consider the following criteria to determine whether timber is qualifying timber because the forests and fish rules made it uneconomic to harvest. The proposed harvest must meet all four of the following requirements:
(a) The timber could have been included in a commercially reasonable harvest unit if there were no additional requirements imposed by the forests and fish rules;
(b) The area is not reasonably accessible economically because of requirements imposed by the forests and fish rules;
(c) There is no reasonable unit size alternative which, if used, would make the area economical to harvest; and
(d) The cost to access the harvest unit plus the cost to harvest would equal or exceed thirty-five percent of the stumpage value in the portion of the unit considered uneconomic. The small forest landowner office will determine these costs and values consistent with WAC 222-21-045. Costs include harvest, construction of nonpermanent roads and/or water crossing structures, and associated expenses. When using the small harvester tax return method to calculate stumpage values and allowable costs, the landowner may include actual timber appraisal and sale layout costs incurred as part of the cost calculations.
[]
(2) ((The following standards will be used for the)) A
timber cruise((s:)) is required to determine the volume by
species and grade to accurately determine the value of the
qualifying timber.
(a) ((The purpose of the timber cruise is to determine
the volume by species and grade sufficient to value the
qualifying timber.
(b) Additional trees left voluntarily by the small forest landowner may be noted, but are not included in the cruise volume.
(c))) The cruise method will be a ((100)) one hundred
percent inventory of qualifying timber on the proposed
easement premises. The inventory will include species,
diameter class, grade, and any other information necessary to
determine ((valuation of)) a value for the ((easement))
qualifying timber. (((See the board manual for specific
cruise standards.)
(d))) (b) A sampling cruise method may be used ((for
easement premises)) under certain circumstances((. (See the
board manual section 17 for standards for sampling cruise
method.))) such as where easement premises are greater than
ten acres or where the forest trees are homogeneous.
(3) Additional trees left voluntarily by the small forest landowner may be noted but will not be included in the cruise volume.
[Statutory Authority: RCW 76.09.040, 76.09.370, chapters 76.13 and 34.05 RCW. 03-06-039, § 222-21-040, filed 2/26/03, effective 3/29/03. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-21-040, filed 5/30/01, effective 7/1/01.]
(2))) The small forest landowner office will calculate
the ((fair market value of the)) compensation amount for
forestry riparian easements ((as of the date of receipt of the
forest practices application associated with the qualifying
timber, or the date the landowner provides written
notification to the small forest landowner office that the
harvest is to begin. Data obtained or maintained by the
department of revenue under RCW 84.33.074 and 84.33.091 will
be used and adjusted to the applicable date. For easements
with an approved forest practices application, the small
forest landowner must indicate whether valuation will be
calculated using method (a) or (b) of this subsection. Only
method (a) of this subsection is available for qualifying
timber for which an approved application for timber harvest
cannot be obtained because of restrictions under the forest
practices rules under WAC 222-21-061. In either method (a) or
(b) of this subsection, the time adjustment index will be
based on log price changes. The small forest landowner office
will determine the specific log species and/or sorts and the
log price reporting service to use after consultation with the
small forest landowner advisory committee established under
RCW 76.13.110(4) and the department of revenue. The small
forest landowner office will generate an index that reflects
the time adjustments using information and data obtained from
a log price reporting service determined by the department in
consultation with the small forest landowner committee)) by
determining a value for the qualifying timber. The office
will use data gathered from or adjusted to the date the office
received the complete forestry riparian easement application.
The office will use the stumpage value determination method
described in (a) of this subsection for qualifying timber that
cannot be harvested because of forests and fish rule
restrictions. For qualifying timber approved for harvest, the
office will use both the stumpage value determination method
and the small harvester tax return method to determine the
highest compensation amount for the landowner.
(a) Stumpage value determination method. The small
forest landowner office will create and maintain value tables
to determine stumpage value of the qualifying timber. These
tables will be created using a method coordinated with the
department of revenue. The values will closely approximate
the stumpage value for logs ((that would be sold in the
ordinary course of business for)) on the date ((of receipt
of)) the ((forest practices)) office received a complete
forestry riparian easement application. The landowner
((must)) will provide ((the small forest landowner office
with)):
(i) The reference for the stumpage value table and any
other needed information for use of the table (((see the board
manual section 17 for details))); and
(ii) Any information the ((small forest)) landowner would
like the ((department)) office to consider in its cruise and
valuation of the qualifying timber.
(b) Small harvester tax return method.
(i) The landowner must provide comprehensive mill or
buyer information ((to the department on the sale breakdown. This includes:
(i) The volume and scaling bureau log grades of each species harvested;
(ii) The amount received for each species; and
(iii) The actual harvesting and marketing costs as defined in the department of revenue small harvester instructions.)) for each harvest unit associated with the forestry riparian easement including:
(A) The delivered value by species;
(B) The total volume by species; and
(C) The actual harvesting and marketing costs as defined in the department of revenue small harvester instructions.
This information must be verifiable as proceeds from the timber harvests from documents such as mill receipts and/or forest excise tax returns. If the small forest landowner office does not receive a comprehensive packet of mill or buyer information or is not satisfied with the source of the documentation, the office will determine the qualifying timber value using the stumpage value determination method.
(ii) The office will use a time adjustment index to determine the qualifying timber value based on the date the office received the complete forestry riparian easement application. The office will generate a time adjustment index for each harvest associated with the easement based on log price changes.
(iii) The ((price received for the timber is)) office
will determine the adjusted ((to the applicable date using the
time adjustment index and then)) stumpage value by subtracting
the average logging and hauling cost per thousand board feet
(MBF) ((is subtracted to arrive at the stumpage value)) from
the value of the time adjusted mill or buyer information. The
office will then determine the value of the qualifying timber
((is determined)) by multiplying the time adjusted stumpage
value of each species in the harvest unit by the net volume
for each corresponding species in the inventory of qualifying
timber. ((A residual value approach is used to determine the
value of species in the easement, which are not present in the
harvest area. The prices for species not present in the
harvest unit are based on the delivered log price report
approved by the small forest landowner office that corresponds
closest to the date of the forest practices application, minus
the average logging and hauling costs.
(3) Removal of any qualifying timber before the expiration of the easement must be in accordance with the forest practices rules and the terms of the easement. There shall be no reduction in compensation for reentry.))
(iv) The timber species that exist in the easement premises will be valued, not the species in the harvest area. The timber species in the easement premises will be valued by multiplying the determined cruise volume by the appropriate stumpage value of those species shown on the appropriate table used for timber harvest excise tax purposes per RCW 84.33.091.
(2) Determining the forestry riparian easement compensation. The small forest landowner office uses a "high impact regulatory threshold" to calculate the compensation offered for a forestry riparian easement. This threshold is determined by multiplying the value of all timber covered under a forest practices application by 19.1 percent for timber in western Washington and 12.2 percent for timber in eastern Washington.
(a) When the percentage of the qualifying timber value to the total value of all timber covered under a forest practices application is equal to or less than the applicable high impact regulatory threshold (19.1 percent or 12.2 percent), the compensation offered for an easement will be fifty percent of the qualifying timber value.
(b) When the percentage of the qualifying timber value to the total value of all timber covered under a forest practices application exceeds the applicable high impact regulatory threshold (19.1 percent or 12.2 percent), the compensation offered for an easement will be more than fifty percent of the qualifying timber value up to the applicable high impact regulatory threshold, plus full compensation (one hundred percent) for the qualifying timber value that exceeds the high impact regulatory threshold. This is mathematically represented as follows:
Where: |
Vq = the value of qualifying timber; |
Vh = the value of harvested timber; and |
t = the high impact of regulatory threshold (19.1 percent for western Washington, 12.2 percent for eastern Washington); |
The compensation for easement = ((Vq/(Vq + Vh)) - t) * (Vq + Vh)) + (t * (Vq + Vh)/2). |
[Statutory Authority: RCW 76.09.040, 76.09.370, chapters 76.13 and 34.05 RCW. 03-06-039, § 222-21-045, filed 2/26/03, effective 3/29/03. Statutory Authority: RCW 76.09.040, chapters 76.13, 34.05 RCW. 02-05-084, § 222-21-045, filed 2/20/02, effective 3/23/02. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-21-045, filed 5/30/01, effective 7/1/01.]
(1) Determining and marking streamside buffers;
(2) Marking the qualifying timber; and
(3) The cost of the portion of a geotechnical report that is applicable to the area determined to contain qualifying timber.
[]
(a) If the high impact regulatory threshold is exceeded for an area covered by an approved forest practices application, then the compensation offered will be increased to 100% for the value of the qualifying timber where the high impact regulatory threshold is exceeded. Use the following calculation:
(( |
(( |
![]() |
((See Section 17 of board manual for example.
(b))) All compensation and reimbursement to the small forest landowner is subject to available funding.
(2) If funding is not available, the small forest
landowner office will maintain a priority list for
compensation and reimbursement to the landowner. Priority
will be based on (((a))) the date ((of receipt of forest
practices application and (b) date of receipt of completed
harvest status questionnaire.
(3) Reimbursement costs for easement layout are subject to the work being acceptable to the department. The small forest landowner office shall determine how the reimbursement costs will be calculated. The small forest landowner office will send the small forest landowner a notice of compensation decision within 60 days of completion of the timber cruise.
(4) Compensation for a forestry riparian easement associated with an approved forest practices application will not be paid until:
(a) The department has documented completion of harvest;
(b) The department has verified that there has been compliance with the rules requiring leave trees in the easement area;
(c) Any dispute over the amount of compensation or eligibility or other matter involving the forestry riparian easement has been resolved; and
(d) The forestry riparian easement has been executed and delivered to the department.
(5))) the small forest landowner office received the complete forestry riparian easement application. In instances where two easement applications are received on the same date, priority will be based on the date the department received a complete forest practices application associated with the easement.
(3) The small forest landowner office will offer compensation for the easement in a purchase and sale agreement. The small forest landowner will accept or reject the conditions of the purchase and sale agreement in writing and submit the written acceptance or rejection to the small forest landowner office.
(4) Compensation for ((a)) the forestry riparian easement
((for which an approved forest practices application for
timber harvest cannot be obtained because of restrictions
under these rules adopted under RCW 76.09.055 or 76.09.370))
and reimbursement of landowner costs will ((not)) be paid
((until)) after:
(a) The department has verified that ((there has been
compliance with)) the landowner has no outstanding violations
under chapters 76.09 or 76.13 RCW or any associated forest
practices rules ((requiring leave trees in the easement
area)); ((and))
(b) Any dispute over the amount of compensation or
eligibility or other matter involving the ((forestry
riparian)) easement has been resolved; and
(c) The small forest landowner office has sent a forestry
riparian easement ((has been executed and)) contract to the
landowner, the landowner has signed the contract, and the
landowner has delivered it to the department.
(5) Compensation for any qualifying timber located on potentially unstable slopes or landforms will not exceed a total of fifty thousand dollars during any biennial funding period.
[Statutory Authority: RCW 76.09.040. 08-24-011, § 222-21-050, filed 11/21/08, effective 12/22/08. Statutory Authority: RCW 76.09.040, 76.09.370, chapters 76.13 and 34.05 RCW. 03-06-039, § 222-21-050, filed 2/26/03, effective 3/29/03. Statutory Authority: RCW 76.09.040, chapters 76.13, 34.05 RCW. 02-05-084, § 222-21-050, filed 2/20/02, effective 3/23/02. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-21-050, filed 5/30/01, effective 7/1/01.]
If the land on which the easement is located consists of multiple land parcels and the selling small forest landowner sells parcels that consist of only a portion of the easement, the small forest landowner office will calculate the reimbursement amount. The calculation will be based on the ratio of qualifying timber volume within the portion of the easement on the land that is sold to the total volume of qualifying timber. The selling small forest landowner must make full payment for this reimbursement within one year of sale of the land the easement occupies. The department will continue to hold, in the name of the state, the forestry riparian easement for the full term of the easement.
[]
[Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-21-070, filed 5/30/01, effective 7/1/01.]
Where: |
C(( |
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CPIc(( |
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C = *P*(CPIc/CPIo)*(1-(1/(1+I)(( |
[Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-21-080, filed 5/30/01, effective 7/1/01.]
[Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-21-090, filed 5/30/01, effective 7/1/01.]
The following sections of the Washington Administrative Code are repealed:
WAC 222-21-020 | Criteria for accepting riparian easement. |
WAC 222-21-035 | Description of easement. |
WAC 222-21-060 | Commercially reasonable harvest. |
WAC 222-21-061 | Criteria when commercially reasonable harvest is not possible. |
WAC 222-21-065 | Uneconomic to harvest. |