WSR 02-15-085



[ Filed July 15, 2002, 4:35 p.m. ]

Rule Development Agenda

July 2002 - January 2003

The board's mandate is to adopt rules to protect the state's public resources while maintaining a viable forest products industry. The following rule proposals are under development:

1. Chapter 222-21 WAC, Small Landowner Forestry Riparian Easement Permanent Rules. Permanent rule making has been completed for legislatively mandated changes to the small forest landowner forestry riparian easement program contained in SHB 2105 passed by the 2001 legislature in the regular session. The new rule was adopted by the board on February 13, 2002, and became effective on March 21, 2002.

2. Chapter 222-21 WAC, Small Landowner Forestry Riparian Easement Program Permanent Rules. At its August 14, 2002, meeting, the board will consider newly proposed rule language to initiate permanent rule making designed to implement changes to the small forest landowner forestry riparian easement program contained in SHB 2311 passed by the 2002 legislature. Other changes that the board will consider include clarification to board manual references, clarification to the description of an easement, subsection (3) in WAC 222-21-035 by writing out the numbers "one" and "two." If the board votes to initiate permanent rule making, then public hearings and comment periods will occur in fall of 2002.

3. Procedural and Ethics Rules. At the May 8, 2001, meeting, the board decided to continue with permanent rule making on procedure and ethics rules, which will update the board's administrative procedures, provide new rules on public record requests and executive ethics rules. Proposed permanent rule language will be considered by the board at the August 2002 meeting.

4. Reasonable Use Rule. At the February 13, 2002, meeting, the board decided to postpone rule making for the reasonable use rule until an undetermined future date due to current budget limitations.

5. Modification to Notice Rule. In May 2000, the board denied a rule-making petition regarding scenic trail corridors. The governor's office agreed the denial was appropriate but suggested the board consider a rule that would require reasonable notice of proposed harvest applications on a particular piece of property to local media outlets, advocacy groups, and nearby landowners who have registered with the department. This recommendation was reviewed at the February 13, 2002, meeting and it was determined that there would be no further rule making on this issue at this time.

6. Editorial and Minor Rule Changes. The current permanent rules are being reviewed for editorial and minor clarification changes which may result in a rule proposal.

7. Salvage of Logging Residue Rule. The board adopted an emergency rule for WAC 222-16-050 at its February 13, 2002, meeting and voted to extend this emergency rule until permanent rule making is completed. The emergency rule clarifies how salvage logging is classified. Also at its February 13, 2002, meeting, the board initiated permanent rule making and at the meeting held on May 8, 2002, the board voted to continue permanent rule making. The public comment period extends from May 22, 2002, through July 17, 2002, and a public hearing will be held in Olympia on July 16, 2002. The board will consider permanent adoption of this rule at the August 2002 meeting.

8. SEPA Wildlife Rule. The board decided at the February 13, 2002, meeting to proceed with permanent rule making for the state environmental policy (SEPA) wildlife rule. This rule was adopted by the board at its meeting on May 8, 2002, and became effective June 14, 2002.

9. Other Legislative Mandated Changes. Legislation that was passed during the 2002 session will be reviewed to determine if new rule making will need to occur. Specifically this includes: SHB 2671 pertaining to the permit assistance center within the Washington State Department of Ecology, SSB 6241 pertaining to Christmas trees, and SSB 6400 pertaining to developing a statewide biodiversity conservation strategy. Legislation that was passed during the 2001 session that will require new rule making includes SSB 5701 pertaining to the definition of forest land.

10. Cultural Resources. The forests and fish policy group is considering review of the forest practices rules governing cultural resources protection associated with timber harvests in the state of Washington. Although it has not been determined that rule changes are necessary at this time, any future changes would likely occur to WAC 222-16-010 involving the definition of cultural resources.

Contact Person: Patricia Anderson, Forest Practices Board Rules Coordinator, Department of Natural Resources, Forest Practices Division, P.O. Box 47012, Olympia, WA 98504-7012, phone (360) 902-1413, fax (360) 902-1428, e-mail, filed January 31, 2002.

Washington State Code Reviser's Office