Rule Development Agenda

July-December 1998

The following sections of Title 222 WAC, Forest Practices Board, are in the rule-making process or being developed. The board's mandate is to adopt rules to protect the state's natural resources while maintaining a viable forest products industry.

1. Forestry Module

Timber, fish and wildlife (TFW) participants are presently negotiating a comprehensive revision to the water quality and fish protection forest practices rules, called the "Forestry Module." This is an effort to put a revised set of forest practices rules in place to contribute to the recovery of Washington's salmon and steelhead runs and to coordinate meeting both federal and state laws. TFW has established a September 1, 1998, deadline to have a proposal to the Forest Practices Board. Because these rules pertain to water quality, they will be coadopted by the Department of Ecology.

In the interim, the board has continued an emergency stream typing rule. The same language has been proposed as a permanent rule, which may be modified when the Forestry Module recommendation is developed:

WAC 222-16-030 Water typing systems, the proposed rule modifies the definitions of Type 2 and 3 waters so that appropriate riparian protection is provided along fish-bearing streams.

WAC 222-12-090(13) Implementation guidelines in the Forest Practices Board manual.

The board also adopted (on May 13, 1998) an emergency rule to protect threatened and endangered steelhead listed by the National Marine Fisheries Service. The rule provides protection to the listed species by setting SEPA triggers that would classify certain forest practices within the listed areas as Class IV-Special. The rule includes a "salmonid listed areas" map that shows listed areas, SEPA guidance, road maintenance and abandonment plans, and stream temperature provisions from some nonfish bearing streams in the listed areas.

2. Forest Practices on Islands

The board was petitioned by a citizens' group, SaltWater Islanders For Timberedlands (SWIFT) to consider their proposal to revise forest practices rules for Washington's islands. The board has established a committee to work with concerned citizens and address their concerns via rule making or other appropriate means. The committee anticipates recommending proposed rules to the board, but they have not as yet established a time line.

3. Small Landowner Pilot Rule Making

The Forest Practices Board convened a committee to develop pilot rules for small landowners that would allow more flexibility and innovative ways to meet certain forest practices rules while assuring resource protection. Public meetings were held in 1997 to gather input, and more than two hundred fifty landowners and concerned citizens participated. The committee used this information to develop a concept paper with three alternatives that was presented to the board on November 12, 1997. The board referred the concepts to TFW for inclusion in the Forestry Module discussions. In an effort to avoid duplication, the Forest Practices Board will evaluate the Forestry Module efforts before asking the committee to refine its preliminary approaches.

4. Other

The board received a request to consider additional forest practices rules for chemical spray applications near certified organic farms. The board directed staff to consult with Department of Agriculture and report back at its next meeting.

Board staff may also develop a proposal for procedural rule changes in the next six months.

Contact Person: Judith Holter, Forest Practices Board, Rules Coordinator, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-7012, phone (360) 902-1412, fax (360) 902-1784, e-mail Judith.Holter@WADNR.GOV.  

© 1998 Washington State Code Reviser's Office