PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose:
• Forest biomass: Add forest biomass harvest to the
definition of "forest practice."
• Riparian open space program: Amend rules relating to the riparian open space program to implement SSB 5401 (2009 session).
• Watershed analysis: Amend rules to better ensure
that watershed analysis prescriptions continue over
time to be protective enough to warrant an exemption
from Class IV-special classification.
Citation of Existing Rules Affected by this Order: Amending WAC 222-10-030, 222-10-035, 222-10-125, 222-12-010, 222-12-090, 222-16-010, 222-16-050, 222-20-080, 222-22-020, 222-22-030, 222-22-040, 222-22-045, 222-22-050, 222-22-060, 222-22-070, 222-22-075, 222-22-080, 222-22-090, 222-23-010, 222-23-020, 222-23-025, and 222-23-030.
Statutory Authority for Adoption: RCW 76.09.040.
Adopted under notice filed as WSR 11-05-062 on February 11, 2011.
A final cost-benefit analysis is available by contacting Gretchen Robinson, 1111 Washington Street S.E., Olympia, WA 98504-7012, phone (360) 902-1705, fax (360) 902-1428, e-mail gretchen.robinson@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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 8, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 15, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 22, Repealed 0.
Date Adopted: May 10, 2011.
Peter Goldmark
Chair
OTS-3868.1
AMENDATORY SECTION(Amending WSR 05-12-119, filed 5/31/05,
effective 7/1/05)
WAC 222-10-030
*SEPA policies for potentially unstable
slopes and landforms.
In addition to SEPA policies
established elsewhere in this chapter, the following policies
apply to forest practices described in WAC 222-16-050 (1)(d)
relating to construction or harvest on potentially unstable
slopes or landforms.
(1) In order to determine whether such forest practices are likely to have a probable significant adverse impact, and therefore require an environmental impact statement, the applicant must submit the following additional information, prepared by a qualified expert as defined in subsection (5) of this section. The qualified expert must describe the potentially unstable landforms in and around the application site and analyze:
(a) The likelihood that the proposed forest practices will cause movement on the potentially unstable slopes or landforms, or contribute to further movement of a potentially unstable slope or landform;
(b) The likelihood of delivery of sediment or debris to any public resources, or in a manner that would threaten public safety; and
(c) Any possible mitigation for the identified hazards and risks.
(2) The department's threshold determination will include an evaluation of whether the proposed forest practices:
(a) Are likely to increase the probability of a mass movement on or near the site;
(b) Would deliver sediment or debris to a public resource or would deliver sediment or debris in a manner that would threaten public safety; and
(c) Such movement and delivery are likely to cause significant adverse impacts.
If the department determines that (a), (b) and (c) of this subsection are likely to occur, then the forest practice is likely to have a probable significant adverse impact.
(3) The department will evaluate the proposal, using appropriate expertise and in consultation with other affected agencies and Indian tribes.
(4) Specific mitigation measures or conditions must be designed to avoid accelerating rates and magnitudes of mass wasting that could deliver sediment or debris to a public resource or could deliver sediment or debris in a manner that would threaten public safety.
(5) Qualified expert for the purposes of this section and
for reanalysis of watershed analysis mass wasting
prescriptions under WAC 222-22-030 means a person licensed
under chapter 18.220 RCW as either an engineering geologist or
as a hydrogeologist (if the site warrants hydrologist
expertise), with ((3)) at least three years of field
experience in the evaluation of relevant problems in forested
lands.
[Statutory Authority: RCW 76.09.040. 05-12-119, § 222-10-030, 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, § 222-10-030, 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, § 222-10-035, 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, § 222-10-125, filed 5/30/01, effective 7/1/01.]
OTS-3869.1
AMENDATORY SECTION(Amending WSR 08-24-011, filed 11/21/08,
effective 12/22/08)
WAC 222-12-010
Authority.
These forest practices rules
are adopted pursuant to chapter 76.09 RCW, RCW 76.13.100
through 76.13.130, and RCW 77.85.180 through 77.85.190. Where
necessary to accomplish the purposes and policies stated in
the act, the board is authorized to promulgate forest
practices rules pursuant to chapter 34.05 RCW and in
accordance with the procedures enumerated in the act. These
rules establish minimum standards for forest practices,
provide procedures for the voluntary development of resource
management plans, set forth necessary administrative
provisions, establish procedures for the collection and
administration of forest practices fees, allow for the
development of watershed analyses, foster cooperative
relationships and agreements with affected tribes, and
establish the ((riparian)) rivers and habitat open space
program. The board also establishes which forest practices
will be included within each class and is authorized to adopt
rules under RCW 76.09.055, 76.09.370, and 76.13.120(9).
Promulgation of all forest practices rules shall be accomplished so that compliance with such forest practices rules will achieve compliance with the water quality laws.
Those rules marked with an asterisk (*) pertain to water quality protection; pursuant to RCW 76.09.040 they can be amended only by agreement between the board and the department of ecology.
Forest practices rules shall be administered and enforced by the department except as otherwise provided in the act. Such rules shall be administered so as to give consideration to all purposes and policies set forth in RCW 76.09.010.
[Statutory Authority: RCW 76.09.040. 08-24-011, § 222-12-010, filed 11/21/08, effective 12/22/08; 05-12-119, § 222-12-010, 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, § 222-12-010, filed 5/30/01, effective 7/1/01; Order 263, § 222-12-010, filed 6/16/76.]
(1) Method for determination of adequate shade requirements on streams needed for use with WAC 222-30-040.
(2) Standards for identifying channel migration zones and bankfull channel features.
(3) Guidelines for forest roads.
(4) Guidelines for clearing slash and debris from Type Np and Ns Waters.
(5) Guidelines for landing location and construction.
(6) Guidelines for determining acceptable stocking levels.
(7) Guidelines for riparian management zones.
(8) Guidelines for wetland delineation.
(9) Guidelines for wetland replacement or substitution.
(10) A list of nonnative wetland plant species.
(11) The standard methodology for conducting watershed analysis shall specify the quantitative methods, indices of resource conditions, and definitions, for conducting watershed analysis under chapter 222-22 WAC. The methodology shall also include a cultural resource module that shall specify the quantitative and qualitative methods, indices of resource conditions, and guidelines for developing voluntary management strategies for cultural resources. Except for cultural resources, the department, in consultation with Timber/Fish/Wildlife's Cooperative Monitoring, Evaluation and Research Committee (CMER), may make minor modifications to the version of the standard methodology approved by the board. Substantial amendments to the standard methodology requires approval by the board.
(12) Guidelines for forest chemicals.
(a) A list of special concerns related to aerial application of pesticides developed under WAC 222-16-070(3).
(b) Guidelines for aerial applications of pesticides and other forest chemicals under chapter 222-38 WAC.
(13) Guidelines for determining fish use for the purpose of typing waters under WAC 222-16-031.
(14) Survey protocol for marbled murrelets. The Pacific
Seabird (([Group])) Group survey protocol dated January 6,
2003, and formally (([titled] [filed on] on)) titled Methods
for Surveying Marbled Murrelets in Forests: A Revised
((Protocal)) Protocol for Land Management and Research, shall
be used when surveying for marbled murrelets in a stand. Surveys are valid if they were conducted in compliance with
the board(([-]))-recognized Pacific Seabird Group survey
protocols in effect at the beginning of the season in which
the surveys were conducted.
(15) The department shall, in consultation with the department of fish and wildlife, develop platform protocols for use by applicants in estimating the number of platforms, and by the department in reviewing and classifying forest practices under WAC 222-16-050. These protocols shall include:
(a) A sampling method to determine platforms per acre in the field;
(b) A method to predict the number of platforms per acre based on information measurable from typical forest inventories. The method shall be derived from regression models or other accepted statistical methodology, and incorporate the best available data; and
(c) Other methods determined to be reliable by the department, in consultation with the department of fish and wildlife.
(16) Guidelines for evaluating potentially unstable slopes and landforms.
(17) Guidelines for the small forest landowner forestry riparian easement program.
(18) Guidelines for ((riparian)) rivers and habitat open
space program.
(19) Guidelines for hardwood conversion.
(20) Guidelines for financial assurances.
(21) Guidelines for alternate plans.
(22) Guidelines for adaptive management program.
(23) Guidelines for field protocol to locate mapped divisions between stream types and perennial stream identification.
(24) Guidelines for interim modification of bull trout habitat overlay.
(25) Guidelines for bull trout presence survey protocol.
(26) Guidelines for placement strategy for woody debris in streams.
[Statutory Authority: RCW 76.09.040. 05-12-119, § 222-12-090, filed 5/31/05, effective 7/1/05; 04-05-087, § 222-12-090, 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, § 222-12-090, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-12-090, filed 12/3/97, effective 1/3/98; 97-15-105, § 222-12-090, filed 7/21/97, effective 8/21/97. Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW. 92-15-113, § 222-12-090, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 76.09.040. 88-19-112 (Order 551, Resolution No. 88-1), § 222-12-090, filed 9/21/88, effective 11/1/88; 87-23-036 (Order 535), § 222-12-090, 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), § 222-12-090, filed 8/3/82, effective 10/1/82; Order 263, § 222-12-090, filed 6/16/76.]
OTS-3870.3
AMENDATORY SECTION(Amending WSR 10-23-077, filed 11/15/10,
effective 12/16/10)
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 pollution control hearings board established in RCW 43.21B.010.
"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),
or 222-22-090.
"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 flood plain 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 activities" means activities associated with conversions of forest land to land uses other than commercial timber operation. These activities may be occurring during or after timber harvest on forest land. They may include but are not limited to the following:
• Preparation for, or installation of, utilities on the forest practices activity site. The development or maintenance of existing rights of way providing utilities exclusively for other ownerships shall not be considered conversions of forest land (see WAC 222-20-010(5)).
• Any of, or any combination of, the following activities in preparation for nonforestry use of the land: Grading, filling, or stump removal.
• Preparation for, or construction of, any structure requiring local government approval.
• Construction of, or improvement of, roads to a standard greater than needed to conduct forest practices activities.
• Clearing for, or expansion of, rock pits for nonforest practices uses or developing surface mines.
"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 habitat (state)" means those habitats designated by the board in accordance with WAC 222-16-080.
"Critical nesting season" means for marbled murrelets - April 1 to August 31.
"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.
"Date of receipt," as that term is defined in RCW 43.21B.001, means:
(a) Five business days after the date of mailing; or
(b) The date of actual receipt, when the actual receipt date can be proven by a preponderance of the evidence. The recipient's sworn affidavit or declaration indicating the date of receipt, which is unchallenged by the department, shall constitute sufficient evidence of actual receipt. The date of actual receipt, however, may not exceed forty-five days from the date of mailing.
"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 landowner" 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. 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 landowner" 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:
(1) "Large forest landowner" is a forest landowner who is not a small forest landowner.
(2) "Small forest landowner" is a forest landowner who at the time of submitting a forest practices application or notification meets all of the following conditions:
• Has an average annual timber harvest level of two million board feet or less from their own forest lands in Washington state;
• Did not exceed this annual average harvest level in the three year period before submitting a forest practices application or notification;
• Certifies to the department that they will not exceed this annual harvest level in the ten years after submitting the forest practices application or notification.
However, the department will agree that an applicant is a small forest landowner if the landowner can demonstrate that 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 or forest biomass, 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. "Forest road" does not include skid trails, highways, or local government roads except where the local governmental entity is a forest landowner. 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.
"Horizontal distance" means the distance between two points measured at a zero percent 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.
"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 of a conversion to a nonforestry use" means a notice issued by the department pursuant to RCW 76.09.060 (3)(b). A landowner who receives such notice is subject to the actions and requirements described in RCW 76.09.460 and 76.09.470.
"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 thirty 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 either of the following:
(a) Establishing any new forest road;
(b) Road work located outside an existing forest road prism, except for road maintenance.
"Road maintenance" means either of the following:
(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.
"Small forest landowner long-term application" means a proposal from a small forest landowner to conduct forest practices activities for terms of three to fifteen years. Small forest landowners as defined in WAC 222-21-010(13) are eligible to submit long-term applications.
"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 conservation advisory group" means a three-person advisory group designated by the board as follows: One person shall be a representative of Washington's forest products industry, one person shall be a representative of a Washington-based conservation organization actively involved with spotted owl conservation, and one person shall be a representative of the department's forest practices program. Members of the group shall have a detailed working knowledge of spotted owl habitat relationships and factors affecting northern spotted owl conservation. On an annual basis, beginning November 2010, the board will determine whether this group's function continues to be needed for spotted owl conservation.
"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 forty percent 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)) see WAC 222-23-010(2).
"Validation," as used in WAC 222-20-016, means the department's agreement that a small forest landowner has correctly identified and classified resources, and satisfactorily completed a roads assessment for the geographic area described in Step 1 of a long-term application.
"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 resource
assessment completed under WAC 222-22-050 or 222-22-060
together with the prescriptions selected under WAC
((222-22-070)) 222-22-080 and shall include resource
assessments completed under WAC 222-22-050 where there are no
areas of resource sensitivity and the ongoing reviews and
reanalyses completed under WAC 222-22-090.
"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. 10-23-077, § 222-16-010, filed 11/15/10, effective 12/16/10; 10-11-081, § 222-16-010, filed 5/17/10, effective 6/17/10; 08-17-092, § 222-16-010, filed 8/19/08, effective 9/19/08; 08-06-039, § 222-16-010, filed 2/27/08, effective 3/29/08. Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-16-010, filed 9/26/07, effective 10/27/07. Statutory Authority: [RCW 76.09.040]. 06-17-128, § 222-16-010, filed 8/21/06, effective 9/21/06; 06-11-112, § 222-16-010, filed 5/18/06, effective 6/18/06; 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.]
OTS-3871.2
AMENDATORY SECTION(Amending WSR 08-17-092, filed 8/19/08,
effective 9/19/08)
WAC 222-16-050
*Classes of forest practices.
There are
((4)) four classes of forest practices created by the act. All forest practices (including those in Classes I and II)
must be conducted in accordance with the forest practices
rules.
(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 five 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 board manual section 16 for more descriptive definitions.)
(A) Inner gorges, convergent headwalls, or bedrock hollows with slopes steeper than thirty-five degrees (seventy percent);
(B) Toes of deep-seated landslides, with slopes steeper than thirty-three degrees (sixty-five percent);
(C) Groundwater 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 or notification on professional knowledge of the area, information such as soils, geologic or hazard zonation maps and reports, review of approved watershed analysis mass wasting prescriptions according to WAC 222-22-090(6) 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 prescriptions from the
watershed analysis (((or as modified through the five-year
review process))); and
(C) The applicable prescriptions ((is)) are 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 or construction of roads, landings, rock quarries, gravel pits, borrow pits, and spoil disposal areas on the following except in (f)(iv) of this subsection:
(i) Archaeological sites or historic archaeological resources as defined in RCW 27.53.030; or
(ii) Historic sites eligible for listing on the National Register of Historic Places or the Washington Heritage Register as determined by the Washington state department of archaeology and historic preservation; or
(iii) Sites containing evidence of Native American cairns, graves, or glyptic records as provided for in chapters 27.44 and 27.53 RCW. The department of archaeology and historic preservation shall consult with affected Indian tribes in identifying such sites.
(iv) A forest practice would not be classified as Class IV-special under this subsection if:
(A) Cultural resources management strategies from an approved watershed analysis conducted under chapter 222-22 WAC are part of the proposed forest practices, and the landowner states this in the application; or
(B) A management plan agreed to by the landowner, the affected Indian tribe, and the department of archaeology and historic preservation is part of the proposed application, and the landowner states this in the application.
*(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 SEPA pursuant to WAC 197-11-924 and 197-11-938(4) and RCW 43.21C.037(2). Such applications are subject to a thirty-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 SEPA.
(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: Replacement of bridges and culverts across Type S, F or flowing Type Np Waters; or 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 one 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 six hundred feet of road on a sideslope of forty 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 five thousand board feet of timber (including live, dead and down material) for personal use (i.e., firewood, fence posts, etc.) in any twelve-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 forty 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 forty 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 one hundred feet of lands used for farming, or within two hundred 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 forty 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((.)); and
(iv) ((Renewal of a previously approved multiyear permit
for forest practices within a WAU with an approved watershed
analysis requires completion of a necessary five-year review
of the watershed analysis.)) The application is not a
multiyear permit that is located within an area subject to
reanalysis of a watershed analysis under WAC 222-22-090(6).
*(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 one 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 forty 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 forty 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 forty percent or less of the live timber volume.
(ii) East of the Cascade summit, partial cutting of five thousand board feet per acre or less.
(iii) Salvage of dead, down, or dying timber if less than forty percent of the total timber volume is removed in any twelve-month period.
(iv) Any harvest on less than forty acres.
(v) Construction of six hundred or more feet of road, provided that the department shall be notified at least two 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 except as listed in Classes I, II and IV forest practices.
(g) Opening of new pits or extensions of existing pits
over ((1)) one 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, have been identified to the department as being of interest to an affected Indian tribe.
(l) Harvesting exceeding nineteen 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.
*(p) Small forest landowner long-term applications that are not classified Class IV-special or Class IV-general, or renewals of previously approved Class III or IV long-term applications.
[Statutory Authority: RCW 76.09.040. 08-17-092, § 222-16-050, filed 8/19/08, effective 9/19/08. Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-16-050, filed 9/26/07, effective 10/27/07. Statutory Authority: RCW 76.09.040. 06-11-112, § 222-16-050, filed 5/18/06, effective 6/18/06; 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-3872.2
AMENDATORY SECTION(Amending WSR 07-20-044, filed 9/26/07,
effective 10/27/07)
WAC 222-20-080
Application and notification expiration.
(1) The approval given by the department to an application to
conduct a forest practice shall be effective for a term of two
years from the date of approval, with the following
exceptions:
(a) Multiyear permits are effective for three to five
years. ((A multiyear permit for lands included in a watershed
analysis pursuant to chapter 222-22 WAC is not renewable if a
five-year watershed analysis review is found necessary by the
department and has not been completed.))
(b) Small forest landowner long-term applications are effective for terms of three to fifteen years.
(2) A notification is effective for a term of two years beginning five days from the date it is officially received.
[Statutory Authority: RCW 76.09.040, 76.09.010 (2)(d). 07-20-044, § 222-20-080, filed 9/26/07, effective 10/27/07. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-20-080, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.060, 76.09.040 and chapter 34.05 RCW. 92-23-056, § 222-20-080, filed 11/17/92, effective 12/18/92; Order 263, § 222-20-080, filed 6/16/76.]
OTS-3873.7
AMENDATORY SECTION(Amending WSR 08-24-011, filed 11/21/08,
effective 12/22/08)
WAC 222-22-020
Watershed administrative units.
*(1) For
purposes of this chapter, the state is divided into areas
known as watershed administrative units (WAUs). The
department shall, in cooperation with the departments of
ecology((,)) and fish and wildlife, affected Indian tribes,
local ((government)) governmental entities, forest ((land
owners)) landowners, and the public, define WAUs throughout
the state. The department shall identify WAUs on a map.
*(2) WAUs should generally be between ((10,000)) ten
thousand to ((50,000)) fifty thousand acres in size and should
be discrete hydrologic units. The board recognizes, however,
that identified watershed processes and potential effects on
resource characteristics differ, and require different spatial
scales of analysis, and the department's determination of the
WAUs should recognize these differences. The board further
recognizes that mixed land uses will affect the ability of a
watershed analysis to predict probabilities and identify
causation as required under this chapter, and the department's
conduct and approval of a watershed analysis under this
chapter shall take this effect into account.
*(3) The department is directed to conduct periodic
reviews of the WAUs adopted under this chapter to determine
whether revisions are needed to more efficiently assess
potential cumulative effects. The department shall consult
with the departments of ecology((,)) and fish and wildlife,
affected Indian tribes, forest ((land owners)) landowners,
local ((government)) governmental entities, and the public. From time to time and as appropriate, the department shall
make recommendations to the board regarding revision of
watershed administrative units.
[Statutory Authority: RCW 76.09.040. 08-24-011, § 222-22-020, filed 11/21/08, effective 12/22/08; 05-12-119, § 222-22-020, filed 5/31/05, effective 7/1/05. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-22-020, filed 12/3/97, effective 1/3/98. Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-22-020, 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, § 222-22-020, filed 7/2/92, effective 8/2/92.]
*(2) The department shall coordinate with relevant state
and federal agencies, affected Indian tribes, forest ((land
owners)) landowners, local ((government)) governmental
entities, and the public to seek and utilize available
qualified expertise to participate in watershed analysis or
reanalysis.
*(3) Qualified analysts, specialists, ((and)) field
managers, and qualified experts shall, while and only for the
purpose of conducting a watershed analysis or monitoring in a
WAU, be duly authorized representatives of the department for
the purposes of RCW 76.09.150.
*(4) An individual may qualify in more than one science
or management skill. Qualification under subsection (1) of
this section shall be effective for ((5)) five years. When a
qualification expires, a person requesting requalification
shall meet the criteria in effect at the time of
requalification.
*(5) The department shall provide and coordinate training
for, maintain a register of, and monitor the performance of
qualified analysts, specialists, ((and)) field managers, and
qualified experts by region. The department shall disqualify
analysts, specialists, ((and)) field managers, and qualified
experts who fail to meet the levels of performance required by
the qualification standards.
[Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-22-030, 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, § 222-22-030, filed 7/2/92, effective 8/2/92.]
*(2) ((Except as set forth in subsection (3) of this
section,)) The department ((shall)) may undertake a watershed
analysis on ((each)) any WAU((, in the order established under
subsection (1) of this section)). When conducting a watershed
analysis, the department shall include available qualified
expertise from state agencies, affected Indian tribes, forest
landowners, local governmental entities, and the public.
*(3) The owner or owners of ten percent or more of the
nonfederal forest land acreage in a WAU may notify the
department in writing that the owner or owners intend to
conduct a level 1 assessment, level 2 assessment, or both, and
the prescription recommendation ((process)) and management
strategy processes on the WAU under this chapter, or conduct a
reanalysis under WAC 222-22-090, at their own expense. The
notice shall identify the teams proposed to conduct the
watershed analysis or reanalysis, which shall be comprised of
individuals qualified by the department pursuant to WAC 222-22-030. The department shall promptly notify any owner or
owners sending notice under this subsection if any member of
the designated teams is not so qualified. Within ((30))
thirty days of delivering a notice to the department under
this subsection, the forest ((land owner)) landowner or owners
shall begin the level 1 assessment under WAC 222-22-050 or, at
its option, the level 2 assessment under WAC 222-22-060, or
the reanalysis under WAC 222-22-090. An approved forest
((land owner)) landowner team shall, while and only for the
purposes of conducting a watershed analysis or reanalysis in a
WAU, be a duly authorized representative of the department for
the purposes of RCW 76.09.150. The board encourages forest
((land owners)) landowners conducting assessments under this
chapter to include available, qualified expertise from state
and federal agencies, affected Indian tribes, forest ((land
owners)) landowners, local ((government)) governmental
entities, and the public.
*(4) Before beginning ((an)) a watershed analysis in a
WAU, the department or the forest ((land owner)) landowner
conducting the analysis shall provide reasonable notice,
including notice by regular United States mail where names and
addresses have been provided to the department, to all forest
((land owners)) landowners in the WAU, and to affected Indian
tribes. The department or the forest ((land owner)) landowner
conducting the analysis shall also provide reasonable notice
to the public and to state, federal, and local ((government))
governmental entities, by, among other things, posting the
notice conspicuously in the department's office ((of the
departmental)) in the region containing the WAU. The notice
shall be in a form designated by the department and give
notice that ((an)) a watershed analysis or reanalysis is being
conducted, by whose team, the time period of the analysis or
reanalysis, and the dates and locations in which the draft
analysis or reanalysis will be available for review and
comment.
[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-22-040, filed 12/3/97, effective 1/3/98. Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-22-040, 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, § 222-22-040, filed 7/2/92, effective 8/2/92.]
(2) When conducting a reanalysis of a watershed analysis
((revisions)) pursuant to WAC 222-22-090(((4))), the cultural
resources module is not required if the watershed analysis was
approved by the department prior to the date in subsection (1)
of this section. However, the board encourages use of the
cultural resources module upon such review.
(3) The department does not review or approve cultural resources management strategies because their implementation is voluntary. The department of archaeology and historic preservation must be consulted and agree on all management strategies involving sites registered on the department of archaeology and historic preservation's archaeological and historic sites data base and all resources that require mandatory protection under chapters 27.44 and 27.53 RCW.
(4) The cultural resources module may be conducted as a stand-alone method separate from a watershed analysis to identify, protect, and manage cultural resources. When used as a stand-alone methodology:
(a) Selected components of the methodology may be used as the participants deem necessary or the module may be used in its entirety.
(b) The methodology may be used at a variety of geographic scales and may be initiated by tribes, land managers or landowners. Landowner or land manager initiation is not limited by the minimum ownership threshold requirements in this chapter. Nothing in this rule grants any person or organization initiating the cultural resources module as a stand-alone method any right of entry onto private property.
(c) Watershed analysis notice requirements to the department do not apply.
(d) Participants are encouraged to engage people that meet the minimum qualifications to conduct the module as set by this chapter.
(e) In order for a stand-alone module to be incorporated into a watershed analysis, the module must have been conducted in accordance with the requirements of this chapter.
[Statutory Authority: RCW 76.09.040. 05-12-119, § 222-22-045, filed 5/31/05, effective 7/1/05.]
(a) Forestry;
(b) Forest hydrology;
(c) Forest soil science or geology;
(d) Fisheries science;
(e) Geomorphology;
(f) Cultural anthropology; and
(g) Archaeology.
Any owner, and any cooperating group of owners, of ten percent or more of the nonfederal forest land acreage in the WAU and any affected Indian tribe shall be entitled to include one qualified individual to participate on the team at its own expense. The cultural resources module must include the participation of the affected Indian tribe(s). See board manual section 11, J. Cultural Resources Module, Introduction, 1) Using this methodology in formal watershed analysis.
*(2) The level 1 team shall perform an inventory of the WAU utilizing the methodology, indices of resource condition, and checklists set forth in the manual in accordance with the following:
(a) The team shall survey the WAU for fish, water, and capital improvements of the state or its political subdivisions, and conduct an assessment for cultural resources.
(b) The team shall display the location of these resources on a map of the WAU, except mapping of tribal cultural resources sites must be approved by the affected tribe. The location of archaeological sites shall be on a separate map that will be exempt from public disclosure per RCW 42.56.300.
(c) For public resources (fish, water, and capital improvements of the state or its political subdivisions):
(i) The team shall determine the current condition of the resource characteristics of these resources, shall classify their condition as "good," "fair," or "poor," and shall display this information on the map of the WAU. The criteria used to determine current resource conditions shall include indices of resource condition, in addition to such other criteria as may be included in the manual. The indices will include two levels, which will distinguish between good, fair, and poor conditions.
(ii) The team shall assess the likelihood that identified watershed processes in a given physical location will be adversely changed by one forest practice or by cumulative effects and that, as a result, a material amount of water, wood, sediment, or energy (e.g., affecting temperature) will be delivered to fish, water, or capital improvements of the state or its political subdivisions. (This process is referred to in this chapter as "adverse change and deliverability.") (For example, the team will address the likelihood that road construction will result in mass wasting and a slide that will in turn reach a stream.) The team shall rate this likelihood of adverse change and deliverability as "high," "medium," "low," or "indeterminate." Those likelihoods rated high, medium, or indeterminate shall be displayed on the map of the WAU.
(iii) For each instance of high, medium, or indeterminate likelihood of adverse change and deliverability identified under (c)(ii) of this subsection, the team shall assess the vulnerability of potentially affected resource characteristics. Criteria for resource vulnerability shall include indices of resource condition as described in (c)(i) of this subsection and quantitative means to assess the likelihood of material adverse effects to resource characteristics caused by forest practices. (For example, the team will assess the potential damage that increased sediment caused by a slide reaching a stream will cause to salmon spawning habitat that is already in fair or poor condition.) The team shall rate this vulnerability "high," "medium," "low," or "indeterminate" and shall display those vulnerabilities on the map of the WAU. If there are no other criteria in the manual to assess vulnerability at the time of the assessment, current resource condition shall be used, with good condition equivalent to low vulnerability, fair condition equivalent to medium vulnerability, and poor condition equivalent to high vulnerability.
(iv) The team shall identify as areas of resource sensitivity, as provided in table 1 of this section, the locations in which a management response is required under WAC 222-22-070(3) because, as a result of one forest practice or of cumulative effects, there is a combination of a high, medium, or indeterminate likelihood of adverse change and deliverability under (c)(ii) of this subsection and a low, medium, high, or indeterminate vulnerability of resource characteristics under (c)(iii) of this subsection:
Table 1
Areas of Resource Sensitivity and Management Response
Likelihood of Adverse Change and
Deliverability |
||||||
Low | Medium | High | ||||
Low | Standard rules |
Standard rules |
Response: Prevent or
avoid |
|||
Vulnerability | Medium | Standard rules |
Response: Minimize | Response: Prevent or
avoid |
||
High | Standard rules |
Response: Prevent or avoid |
Response: Prevent or
avoid |
|||
(v) The decision criteria used to determine low, medium, and high likelihood of adverse change and deliverability shall be as set forth in the manual. A low designation generally means there is minimal likelihood that there will be adverse change and deliverability. A medium designation generally means there is a significant likelihood that there will be adverse change and deliverability. A high designation generally means that adverse change and deliverability is more likely than not with a reasonable degree of confidence. Any areas identified as indeterminate in the level 1 assessment shall be classified for the purposes of the level 1 assessment as medium until a level 2 assessment is done on the WAU under WAC 222-22-060, during which the uncertainties shall be resolved.
(d) For cultural resources, the team shall follow the methodology outlined in the cultural resources module to determine the risk call for cultural resources based upon resource vulnerability and resource importance.
(e) The team shall prepare a causal mechanism report
regarding the relationships of each process identified in (c)
and (d) of this subsection. The report shall demonstrate that
the team's determinations were made in accordance with the
manual. If, in the course of conducting a level 1 assessment,
the team identifies areas in which voluntary corrective action
will significantly reduce the likelihood of material, adverse
effects to the condition of a resource characteristic, the
team shall include this information in the report, and the
department shall convey this information to the applicable
((land owner)) landowner.
*(3) Within ((21)) twenty-one days of mailing notice
under WAC 222-22-040(4), the level 1 team shall submit to the
department its draft level 1 assessment, which shall consist
of the map of the WAU marked as set forth in this section and
the causal mechanism report proposed under subsection (2)(e)
of this section. If the level 1 team is unable to agree as to
one or more resource sensitivities or potential resource
sensitivities, or the causal mechanism report, alternative
designations and an explanation ((therefor)) shall be included
in the draft assessment. Where the draft level 1 assessment
delivered to the department contains alternative designations,
the department shall within ((21)) twenty-one days of the
receipt of the draft level 1 assessment make its best
determination and approve that option which it concludes most
accurately reflects the proper application of the
methodologies, indices of resource condition, and checklists
set forth in the manual.
*(4) If the level 1 assessment contains any areas in
which the likelihood of adverse change and deliverability or
resource vulnerability are identified as indeterminate under
this section or if the level 1 methodology recommends it, the
department shall assemble a level 2 assessment team under WAC 222-22-060 to resolve the uncertainties in the assessment,
unless a forest ((land owner)) landowner acting under WAC 222-22-040(3) has conducted a level 2 assessment on the WAU.
*(5) Pending the completion of the level 2 assessment, if
any, on the WAU, the department shall select interim
prescriptions using the process and standards described in WAC 222-22-070 (1), (2), and (3) and 222-22-080(3) ((and shall
apply them to applications and notifications as provided in
WAC 222-22-090 (1) and (2))). Before submitting recommended
interim prescriptions to the department, the field managers'
team under WAC 222-22-070(1) shall review the recommended
prescriptions with available representatives of the
jurisdictional management authorities of the fish, water,
capital improvements of the state or its political
subdivisions, and cultural resources in the WAU, including,
but not limited to, the departments of fish and wildlife,
ecology, and affected Indian tribes.
[Statutory Authority: RCW 76.09.040. 08-24-011, § 222-22-050, filed 11/21/08, effective 12/22/08; 05-12-119, § 222-22-050, filed 5/31/05, effective 7/1/05. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-22-050, filed 12/3/97, effective 1/3/98. Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-22-050, 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, § 222-22-050, filed 7/2/92, effective 8/2/92.]
(a) Forestry;
(b) Forest hydrology;
(c) Forest soil science or geology;
(d) Fisheries science;
(e) Geomorphology;
(f) Cultural anthropology; and
(g) Archaeology.
Any owner, and any cooperating group of owners, of ten percent or more of the nonfederal forest land acreage in the WAU and any affected Indian tribe shall be entitled to designate one qualified member of the team at its own expense. The cultural resources module must include the participation of the affected Indian tribe(s). See board manual section 11, J. Cultural Resources Module, Introduction, 1) Using this methodology in formal watershed analysis.
*(2) The level 2 team shall perform an assessment of the WAU utilizing the methodology, indices of resource condition, and checklist set forth in the manual in accordance with the following:
(a) If a level 1 assessment has not been conducted under WAC 222-22-050, the assessment team shall complete the tasks required under WAC 222-22-050(2), except that the level 2 team shall not rate any likelihood of adverse change and deliverability or resource vulnerability as indeterminate.
(b) If the level 2 team has been assembled to review a level 1 assessment, the level 2 team shall, notwithstanding its optional review of all or part of the level 1 assessment, review each likelihood of adverse change and deliverability and resource vulnerability rated as indeterminate and shall revise each indeterminate rating to low, medium, or high and shall revise the map of the WAU accordingly.
*(3) Within ((60)) sixty days of mailing notice under WAC 222-22-040(4) where a watershed analysis begins with a level 2
assessment or within ((60)) sixty days of beginning a level 2
assessment after completion of a level 1 assessment, the level
2 team shall submit to the department its draft level 2
assessment, which shall consist of the map of the WAU and the
causal mechanism report.
*(4) The level 2 team shall endeavor to produce a
consensus report. If the level 2 team is unable to agree as
to one or more areas of resource sensitivity or the casual
mechanism report, alternative designations and an explanation
((therefor)) shall be included in the draft assessment. Where
the draft level 2 assessment delivered to the department
contains alternative designations or reports, the department
shall within ((30)) thirty days of the receipt of the draft
level 2 assessment make its best determination and approve
that option which it concludes most accurately reflects the
proper application of the methodologies, indices of resource
condition, and checklists set forth in the manual.
[Statutory Authority: RCW 76.09.040. 05-12-119, § 222-22-060, filed 5/31/05, effective 7/1/05. Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-22-060, 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, § 222-22-060, filed 7/2/92, effective 8/2/92.]
(a) Forest resource management;
(b) Forest harvest and road systems engineering;
(c) Forest hydrology;
(d) Fisheries science or management;
(e) Cultural anthropology and/or archaeology, depending on the cultural resources identified in the assessment.
Any owner, and any cooperating group of owners, of ten percent or more of the nonfederal forest land acreage in the WAU and any affected Indian tribe shall be entitled to include one qualified individual to participate on the team at its own expense. The cultural resources module must include the participation of the affected Indian tribe(s). See board manual section 11, J. Cultural Resources Module, Introduction, 1) Using this methodology in formal watershed analysis.
*(2) Each forest ((land owner)) landowner in a WAU shall
have the right to submit prescriptions to the department or
the forest ((land owner)) landowner conducting the watershed
analysis ((prescriptions)) for areas of resource sensitivity
on ((its)) their land. If these prescriptions are received
within the time period described in subsection (4) of this
section, they shall be considered for inclusion in the
watershed analysis.
*(3) For each identified area of resource sensitivity,
the field managers team shall, in consultation with the level
1 and level 2 teams, if any, select and recommend
prescriptions to the department ((prescriptions)). These
prescriptions shall be reasonably designed to minimize, or to
prevent or avoid, as set forth in table 1 in WAC 222-22-050
(2)(c)(iv), the likelihood of adverse change and
deliverability that has the potential to cause a material,
adverse effect to resource characteristics in accordance with
the following:
(a) The prescriptions shall be designed to provide forest
((land owners)) landowners and operators with as much
flexibility as is reasonably possible while addressing the
area of resource sensitivity. The prescriptions should, where
appropriate, include, but not be limited to, plans for road
abandonment, orphaned roads, and road maintenance and plans
for applying prescriptions to recognized land features
identified in the WAU as areas of resource sensitivity but not
fully mapped;
(b) Restoration opportunities may be included as voluntary prescriptions where appropriate;
(c) Each set of prescriptions shall provide for an option for an alternate plan under WAC 222-12-040, which the applicant shows meets or exceeds the protection provided by the other prescriptions approved for a given area of resource sensitivity;
(d) The rules of forest practices and cumulative effects under this chapter shall not require mitigation for activities or events not regulated under chapter 76.09 RCW. Any hazardous condition subject to forest practices identified in a watershed analysis requiring corrective action shall be referred to the department for consideration under RCW 76.09.300 et seq.; and
(e) Effective July 1, 2001, the forests and fish riparian
((permanent)) rules((, when effective,)) supersede all
existing watershed analysis riparian prescriptions with the
exception of riparian management zones for exempt 20-acre
parcels, when watershed analysis prescriptions were in effect
before January 1, 1999. (See WAC 222-30-021, 222-30-022, and
222-30-023.) No new riparian prescriptions will be written
after completion of the riparian ((management zone)) function
assessment report during a watershed analysis.
*(4) For each identified cultural resource area of resource sensitivity, the field managers team shall develop cultural resources management strategies in consultation with the assessment team and affected tribe(s).
(a) If a management strategy involves a site registered on the department of archaeology and historic preservation's archaeological and historic sites data base, data recovery at an archaeological site, or any resource that requires mandatory protection under chapters 27.44 and 27.53 RCW, the field managers team shall submit the management strategy to the department of archaeology and historic preservation for agreement.
(b) The management strategies should be reasonably designed to protect or allow the recovery of resources by measures that minimize or prevent or avoid risks identified in the assessment.
(c) Management strategies resulting from conducting a cultural resources module are voluntary, not mandatory prescriptions, whether the module is conducted as part of a watershed analysis or as a stand-alone method separate from watershed analysis. However, the mandatory protections of resources under chapters 27.44 and 27.53 RCW still apply.
(5) The field managers team shall submit the recommended
prescriptions, monitoring recommendations and cultural
resources management strategies to the department within
((30)) thirty days of the submission to the department of the
level 2 assessment under WAC 222-22-060 or within ((21))
twenty-one days of the submission to the department of the
level 1 assessment under WAC 222-22-050.
[Statutory Authority: RCW 76.09.040. 05-12-119, § 222-22-070, 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, § 222-22-070, 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, § 222-22-070, 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, § 222-22-070, filed 7/2/92, effective 8/2/92.]
[Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-22-075, filed 5/30/01, effective 7/1/01.]
*(2) The department should notify any governmental agency
or Indian tribe having jurisdiction over activities which are
not regulated under chapter 76.09 RCW but which are identified
in the draft analysis as having a potential for an adverse
impact on identified fish, water, capital improvements of the
state or its political subdivisions, ((and)) or cultural
resources.
*(3) The department shall approve the draft watershed analysis unless it finds:
(a) For any level 1 assessment or level 2 assessment, that:
(i) The team failed in a material respect to apply the methodology, indices of resource condition, or checklists set forth in the manual; or
(ii) A team meeting the criteria promulgated by the department and using the defined methodologies, indices of resource conditions, and checklists set forth in the manual could not reasonably have come to the conclusions identified in the draft level 1 or level 2 assessment; and
(b) ((For)) The prescriptions, ((that they)) will not
accomplish the purposes and policies of this chapter and ((of
the Forest Practices Act,)) chapter 76.09 RCW.
(c) In making its findings under this subsection, the
department shall take into account its ability to revise
assessments under WAC 222-22-090(((3))).
*(4) If the department ((does not approve)) disapproves
the draft watershed analysis, it shall set forth in writing a
detailed explanation of the reasons for its disapproval.
(5) To become final under subsection (1) of this section,
all watershed analyses must be reviewed under SEPA on a
nonproject basis. SEPA review may take place concurrently
with the public review in subsection (1) of this section. ((())See WAC 222-10-035.(()))
(6) As of July 1, 2011:
(a) Existing interim or draft prescriptions will expire; and
(b) A new draft watershed analysis or reanalysis will expire if the requirements in subsections (1) and (5) of this section are not met.
These expirations sunset the draft watershed analysis for the WAU and do not require SEPA review. The department shall notify the landowners in the WAU that the watershed analysis has expired.
(7) The department will not review or approve cultural resource management strategies because their implementation is voluntary.
[Statutory Authority: RCW 76.09.040. 05-12-119, § 222-22-080, 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, § 222-22-080, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-22-080, filed 12/3/97, effective 1/3/98. Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-22-080, 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, § 222-22-080, filed 7/2/92, effective 8/2/92.]
(a) Any landowner within the WAU may apply for a
multiyear permit to conduct forest practices according to the
watershed analysis prescriptions. This permit is not
renewable if a ((five-year review)) reanalysis is found
necessary by the department under subsection (6) of this
section and either the reanalysis has not been completed and
approved or the department has rescinded the prescriptions.
(b) Nonmultiyear forest practices applications and
notifications submitted to the department shall indicate
whether an area of resource sensitivity will be affected and,
if so, which prescription the operator, timber owner, or
forest ((land owner)) landowners shall use in conducting the
forest practice in the area of resource sensitivity;
(c) The department shall assist operators, timber owners,
and forest ((land owners)) landowners in obtaining
governmental permits required for the prescription ((()). See
WAC 222-50-020 and 222-50-030(()));
(d) The department shall confirm that the prescription selected under (a) and (b) of this subsection was one of the prescriptions approved for the area of resource sensitivity under WAC 222-22-080 and shall require the use of the prescription; and
(e) The department shall not further condition forest practices applications and notifications in an area of resource sensitivity in a WAU where the applicant will use a prescription contained in the watershed analysis nor shall the department further condition forest practices applications and notifications outside an area of resource sensitivity in a WAU, except:
(i) For reasons other than the watershed processes and
fish, water, and capital improvements of the state or its
political subdivisions analyzed in the watershed analysis in
the WAU((, and except)); or
(ii) To correct mapping errors, misidentification of soils, landforms, vegetation, or stream features, or other similar factual errors.
*(2) Pending completion and approval of a watershed
analysis for a WAU, the department shall process forest
practices notifications and applications in accordance with
the other chapters of this title((, except that applications
and notifications received for forest practices on a WAU after
the date notice is mailed under WAC 222-22-040(4) commencing a
watershed analysis on the WAU shall be conditioned to require
compliance with interim, draft, and final prescriptions, as
available)).
Processing and approval of applications and notifications shall not be delayed by reason of review, approval, or appeal of a watershed analysis.
*(3) The board encourages cooperative and voluntary
monitoring. Evaluation of resource conditions may be
conducted by qualified specialists, analysts, ((and)) field
managers, and qualified experts as determined under WAC 222-22-030. Subsequent watershed analysis and monitoring
recommendations in response to areas where recovery is not
occurring shall be conducted in accordance with this chapter.
*(4) ((Where the condition of resource characteristics in
a WAU are fair or poor)) To keep watershed analyses current,
the department shall determine if and when a reanalysis of a
watershed analysis is necessary to evaluate the effectiveness
of the prescriptions applied under this chapter to the WAU in
providing for the protection and recovery of the resource
((characteristic. If the department finds that the
prescriptions are not providing for such protection and
recovery over a period of 3 years, the department shall repeat
the watershed analysis in the WAU)). The department shall
determine which watershed analysis modules and prescriptions
need to be included in the reanalysis. Review and reanalysis
shall be conducted in accordance with this chapter and board
manual section 11, standard methodology for conducting
watershed analysis, except that:
(a) The reanalysis may be conducted on areas smaller than the entire WAU in the case of subsection (6)(a) of this section; and
(b) The reanalysis shall be conducted only on the areas affected in the case of subsection (6)(b) or (c) of this section.
(5) Entities with an interest in maintaining prescriptions the department has identified for reanalysis are responsible for committing sufficient resources to complete a reanalysis in addition to the available resources provided by the department to administer the reanalysis process.
((Aside from the foregoing,)) (6) Once a watershed
analysis is completed and approved on a WAU, ((it)) the
department shall ((be revised in whole or in part)) conduct a
review to determine if a reanalysis is necessary, upon the
earliest of the following to occur:
(a) Five years after the date the watershed analysis is
final, ((if necessary)) and every five years thereafter; or
(b) The occurrence of a natural disaster having a material adverse effect on the resource characteristics of the WAU; or
(c) Deterioration in the condition of a resource
characteristic in the WAU measured over a ((12)) twelve-month
period or no improvement in a resource characteristic in fair
or poor condition in the WAU measured over a ((12))
twelve-month period unless the department determines, in
cooperation with the departments of ecology((,)) and fish and
wildlife, affected Indian tribes, forest ((land owners))
landowners, and the public, that a longer period is reasonably
necessary to allow the prescriptions selected to produce
improvement((; or
(d) The request of an owner of forest land in the WAU,
which wishes to conduct a watershed analysis at its own
expense.
Revision of an approved watershed analysis shall be
conducted in accordance with the processes, methods, and
standards set forth in this chapter, except that the revised
watershed analysis shall be conducted only on the areas
affected in the case of revisions under (b) or (c) of this
subsection, and may be conducted on areas smaller than the
entire WAU in the case of revisions under (a) and (d) of this
subsection. The areas on which the watershed analysis
revision is to be conducted shall be determined by the
department and clearly delineated on a map before beginning
the assessment revision. Forest practices shall be
conditioned under the current watershed analysis pending the
completion of any revisions)).
(7) Once the department has determined that a reanalysis is necessary under subsection (6) of this section:
(a) The department shall notify the forest landowners in the WAU, the departments of ecology and fish and wildlife, affected Indian tribes, relevant federal agencies and local governmental entities, and the public.
(b) Prior to the start of the reanalysis, the department shall determine and clearly delineate on a map the areas on which the reanalysis is to be conducted.
(c) The department shall classify per WAC 222-16-050 proposed forest practices within the mapped reanalysis area that would have been subject to those prescriptions identified for reanalysis.
(d) The department shall determine if the forest landowners in the WAU want to participate in the reanalysis and commit sufficient resources to complete the reanalysis process in accordance with subsection (5) of this section:
(i) If no forest landowners in the WAU wish to participate and commit resources, then the department may rescind the prescriptions it identified for the reanalysis after conducting SEPA review. If the department rescinds prescriptions, it shall notify the landowners in the WAU.
(ii) If a landowner wishes to participate and commit resources, then the department in consultation with the departments of ecology and fish and wildlife, affected Indian tribes, forest landowners, and the public shall establish a timeline for the reanalysis. If the timeline for completion is not being met, the department may adjust the timeline or, after conducting SEPA review, rescind the prescriptions it identified for the reanalysis. If the department rescinds prescriptions, it shall notify the landowners in the WAU.
(e) Upon receiving recommendations from the reanalysis, the department shall select prescriptions and approve or disapprove the reanalysis in accordance with WAC 222-22-080.
(f) Reanalysis must be reviewed under SEPA on a nonproject basis. See WAC 222-10-035.
(8) Regardless of subsection (7) of this section, the owner or owners of ten percent or more of the nonfederal forest land in the WAU may conduct a reanalysis at any time at their own expense and the reanalysis may be conducted on areas smaller than the entire WAU.
[Statutory Authority: RCW 76.09.040. 05-12-119, § 222-22-090, 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, § 222-22-090, filed 5/30/01, effective 7/1/01. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-22-090, filed 12/3/97, effective 1/3/98. Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-22-090, 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, § 222-22-090, filed 7/2/92, effective 8/2/92.]
OTS-3874.2
((RIPARIAN)) RIVERS AND HABITAT OPEN SPACE PROGRAM
(2) Definitions. ((As used in this chapter,)) The
following ((terms shall have the following meanings))
definitions apply to this chapter:
(a) "Qualifying channel migration zone (CMZ)
land((())s(()." See))" means those forest lands located
within an unconfined channel migration zone. Qualifying CMZ
lands are eligible for easement acquisition if they meet the
standards in WAC 222-23-020(((1))) (5).
(i) An "unconfined channel migration zone" means the area within which the active channel of an unconfined stream is prone to move and where the movement would result in a potential near-term loss of riparian forest adjacent to the stream. A merchantable stand of timber may exist within the zone and is considered a part of the channel migration zone. The unconfined channel migration zone does not include areas that are permanently restricted from channel movement by a dike or levee.
(ii) An "unconfined stream" is generally:
(A) A fifth order or larger water;
(B) Less than two percent gradient; and
(C) Found in a valley more than four times wider than the bankfull width of the channel.
(b) ((An "unconfined avulsing channel migration zone"
means the area within which the active channel of an
unconfined avulsing stream is prone to move and where the
movement would result in a potential near-term loss of
riparian forest adjacent to the stream. Sizeable islands with
productive timber may exist within the zone and are considered
a part of the channel migration zone. The unconfined avulsing
channel migration zone does not include areas that are
permanently restricted from channel movement by a dike or
levee.)) "Qualifying critical habitat lands" means those
forest lands that qualify as one or more of the critical
habitats (state) defined in WAC 222-16-080 including forest
lands that have existing plans or evaluations described in WAC 222-16-080(6). Qualifying critical habitat lands are eligible
for easement acquisition if they meet the standards in WAC 222-23-020(5).
(c) ((An "unconfined avulsing stream" is defined in WAC 222-16-010.)) "Unacceptable liabilities" means exposure to
undesirable responsibilities or problems as determined by the
department. This includes, but is not limited to, the
presence of hazardous substances on the lands or by other
conditions that may create a liability to the department, or
that may jeopardize the department's ability to maintain
ecological protection, and fisheries and wildlife enhancement
of the qualifying lands. Unacceptable liabilities may exist
when the applicant is unwilling or unable to provide
reasonable indemnification to the department.
(d) "Hazardous substances" includes, but is not limited to, hazardous substances as defined in RCW 70.102.010(5), and 70.105D.020(10), and solid waste as defined in RCW 70.95.030(23).
(e) "Conservation easement" means a voluntary, legally enforceable land preservation agreement between the landowner and easement holder to permanently limit the type and amount of alteration of identified habitat or CMZ on the subject property while the landowner retains ownership.
[Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-23-010, filed 5/30/01, effective 7/1/01.]
Land does not qualify for the riparian open space program where the department has determined that:
(a) The lack of legal access to the land is likely to materially impair the department's ability to administer the riparian open space program with respect to the land;
(b) All persons having an interest of any description in the land, including, but not limited to, joint tenancy, tenancy in common, holder of easement, or holder of lien or security interest, have not agreed to convey or subordinate such interests to the state to the extent deemed necessary by the state to transfer the fee or easement free of or superior to any such interest;
(c) The land is subject to unacceptable liabilities as defined in WAC 222-23-020(4); or
(d) There is any other circumstance making the land unsuitable for fisheries enhancement or ecological protection.
(2))) Rivers and habitat open space application. An
owner or owners of qualifying ((CMZ)) lands may apply to the
department to place the qualifying CMZ lands or qualifying
critical habitat lands within the ((riparian open space))
program. ((Applications for the riparian open space program
may, at the landowners' option, be submitted at the same time
as a forest practices application for adjoining or nearby
forestlands, or may be submitted separately (and without
reference to or the requirement of a current forest practices
application).)) The department will accept or reject the
program application based on eligibility for an easement
acquisition. The application for the ((riparian open space))
program shall be in writing on a form provided by the
department ((and)). The application shall contain ((the
following)) information the department determines is necessary
to assess whether the land qualifies for the program, as well
as the following information (see board manual section 18 for
details):
(a) ((Name, address, and telephone number of
applicant(s);
(b) Contact name and telephone number for questions
concerning the application;
(c) Location and description of the land proposed for
inclusion in the program, including estimated acreage,)) A
description of the methods ((used by)) the landowner used to
((determine)) propose that the land ((is qualifying CMZ land
and a map showing the approximate boundary between the channel
migration zone and the adjoining RMZ core area (and in
situations were the latter is not applicable, a description of
the process the landowner used to determine that the
qualifying CMZ land is within an unconfined avulsing stream
channel migration zone);
(d) Tax parcel identification number(s) that contain the
qualifying CMZ land;
(e) List of all persons having any right or interest in
the land covered by the application for the riparian open
space program and a description of such right or interest;
(f) The stumpage value area and hauling zone in which the
qualifying lands lie (see map at WAC 458-40-640).
(g) A map of the qualifying CMZ land)) meets the
eligibility for easement acquisition criteria;
(((h))) (b) A statement indicating the landowner's desire
to place the land covered by the application within the
((riparian open space)) program and whether the landowner
wishes to ((convey the qualifying land in fee or convey only))
grant a conservation easement to the state on both land and
trees or in trees only;
(((i))) (c) Whether the landowner wishes to receive the
statutory compensation for the conveyance or wishes to donate
the qualifying ((CMZ)) lands;
(((j))) (d) Whether the landowner ((representative
submitting the application)) is aware of the presence of any
hazardous substances on the lands;
(((k) Description and documentation of the legal and
physical access to the land being acquired;
(l) The type of boundary description proposed by
landowner (survey or other description); and
(m) Any other information DNR determines is necessary to
assess whether the land qualifies for the riparian open space
program.
(3))) (e) A statement affirming that the person or
persons submitting the application stating they are the
landowner and believes that the information contained in the
application and its supporting materials is true and complete.
(2) Review and processing of application. ((Within
ninety days of receipt of)) The application process will
follow the program funding cycle process described in board
manual section 18. After the department receives a complete
and accurate application for the ((riparian open space))
program, the department ((shall preliminarily determine (and
advise the applicant) whether lands proposed for the riparian
open space program appear to meet the requirements of this
chapter and of RCW 76.09.040 (3) and (4), and, if so, whether
there is funding available for the purchase)) will make a
preliminary determination whether the application is eligible
for the easement acquisition. This determination is subject
to the department's complete review, and subsequent
confirmation of all information required for the program and
((eligibility of the land as)) identification of qualifying
((for the program)) lands. ((If)) After the preliminary
determination ((is that the land qualifies for the program and
if funding is available for the proposed purchase)) of
eligibility, ((then)) the following shall occur ((within the
ninety days following notice to the landowner of the
preliminary determination)):
(a) The landowner, in cooperation with the department,
shall delineate on the ground the boundary line ((between)) of
the ((CMZ and the RMZ core area; following which,)) qualifying
lands as indicated in the application;
(b) The department shall verify the appropriateness of
((that)) the delineation ((, determine the standards for the
boundary description (i.e., a survey or other))) of qualifying
lands using the procedure outlined in board manual section 18,
make a final determination whether there are any unacceptable
liabilities on the lands proposed for inclusion in the
program, and communicate the foregoing to the landowner.
(c) The department will rate, rank, and fund, as described in WAC 222-23-025(1), the eligible applications for each category of qualifying CMZ lands or critical habitat lands and for each funding cycle using a standardized scoring system.
(d) The department will prepare a combined preliminary project priority list, after evaluation and scoring of all applications.
(e) The department will submit the preliminary project priority list to the state legislature for budget consideration.
(f) The department will notify the applicant in writing of the funding decision for their application, subject to available funding from the legislature.
(g) For those applications determined to be funded, and
if the department determines there are no unacceptable
liabilities on the lands, the department shall follow the
guidelines in WAC 222-23-030(2) and the landowner shall
((mark)) enhance the boundary (as verified) using ((tree tags
or other long-term)) boundary marking methods specified by the
department.
(((4) Unacceptable liabilities. As used in this section,
unacceptable liabilities are created by the presence of
hazardous substances on the qualifying CMZ lands or by other
condition that creates such a liability to the department that
may jeopardize the department's ability to maintain fisheries
enhancement or the ecological protection of the qualifying CMZ
lands, and with respect to which liability the applicant is
unwilling or unable to provide reasonable indemnification to
the department. If the department finds unacceptable
liabilities with respect to qualifying CMZ lands, the
department may reject the landowner's application.
(5) Preparation of conveyance documents. Within ninety
days following placement in the field of the long-term
boundary between the CMZ and the RMZ core area as provided for
in subsection (3) of this section, the following shall occur:
(a) The landowner shall:
(i) Traverse the boundary to determine the acreage of the
qualifying lands;
(ii) Either perform a legal land survey or otherwise
document the boundaries consistent with the requirements of
WAC 222-23-030(3), as applicable; and
(iii) Prepare a map of the qualifying CMZ lands suitable
for recording.
(b) The department shall:
(i) Conduct and finalize a cruise of the timber on the
qualifying CMZ lands;
(ii) Determine the statutory compensation to be paid to
the landowner;
(iii) Prepare conveyance documents consistent with this
chapter; and
(iv) Prepare any other documents necessary for closing
and recording the conveyance, including without limitation a
real estate excise tax affidavit.
(6))) (h) For those applications determined to be
eligible but not funded, the application will be returned to
the applicant. At any time thereafter, the applicant may
resubmit the application with or without revision. This
resubmitted application will be placed on the next available
funding cycle and will be reprioritized under the process
described in (c) through (g) of this subsection.
(i) For those applications determined to be ineligible for reasons other than funding, the department must notify the landowner of the reason(s) and the application will be rejected.
(j) Once the landowner completes the boundary enhancement required in (g) of this subsection, the department shall:
(i) Perform a traverse of the boundary of the qualifying lands;
(ii) Conduct and finalize a cruise of the timber on the qualifying lands;
(iii) Determine the statutory compensation to be paid to the landowner;
(iv) Prepare conveyance documents consistent with this chapter; and
(v) Prepare any other documents necessary for closing and recording the conveyance, including without limitation a real estate excise tax affidavit.
(3) Timber cruise. ((The)) For the purpose of
determining the compensation, a timber cruise will be
conducted by the department using a cruiser acceptable to the
department and the landowner ((and)), using ((generally
accepted)) a cruise methodology determined by the department
and sampling intensity acceptable to both parties. ((The
timber cruise shall measure all trees within the lands to be
conveyed that contain measurable log volume and develop all
information (species and grade) with respect to those trees
necessary to apply the stumpage tables developed by the
department of revenue pursuant to RCW 84.33.091; this includes
volume by species and grade sufficient to apply the department
of revenue stumpage tables in WAC 458-40-640, 458-40-650 and
458-40-660 (1) and (2).)) The department will provide the
cruise data to the landowner((;)). Within thirty days
thereafter, the landowner shall advise the department whether
the cruise results are acceptable. The landowner or the
department may, at their option, perform a check cruise.
(((7))) (4) Compensation for conveyances. RCW 76.09.040(3) specifies the compensation the department shall
pay for ((purchases)) the conveyance of ((qualifying CMZ
lands)) a conservation easement under this chapter, unless the
landowner chooses to donate the ((property in fee or donate
a)) conservation easement. The department will calculate
compensation based on stumpage and land use value tables
described in (a) and (b) of this subsection. The tables
applied will be those in effect as of the date the complete
timber cruise is received by the department for new or
resubmitted applications.
(a) ((Fee interests. For conveyances of fee interests,
the department shall pay for both the land value and the
timber value, as determined in this subsection. The land
value component shall be the acreage of qualifying CMZ lands
to be conveyed multiplied by the average per acre value of all
commercial forest land in Western Washington or the average
for Eastern Washington, whichever average is applicable to the
qualifying CMZ lands. The department shall determine the
Western and Eastern Washington averages based on the land
value tables established by RCW 84.33.120 and revised annually
by the department of revenue (see WAC 458-40-540). The timber
value component of the compensation shall be based on the
cruise volume multiplied by the appropriate department of
revenue stumpage values from the stumpage value table for the
applicable stumpage value area and hauling distance zone. The
stumpage value tables to be applied are those found in WAC 458-40-660(2). Except as provided in (c) of this subsection,
the tables applied shall be those in effect as of the date the
application under this section is submitted to the department
by the landowner.
(b) Conservation easements. Conservation easements shall
be perpetual and not for a term of years.)) For conveyances
of a conservation easement in which the landowner conveys an
interest in the trees only, the compensation shall only
include the timber value component, as determined ((as set
forth in subsection (7)(a) of this section)) by the cruise
volume multiplied by the appropriate stumpage value for timber
of the same species shown on the appropriate table used for
timber harvest excise tax purposes under RCW 84.33.091.
(b) For conveyances of a conservation easement in which the landowner conveys interests in both land and trees, the compensation shall include the timber value component plus such portion of the land value component as determined just and equitable by the department. The timber value component will be as set forth in (a) of this subsection. The land value component must be the acreage of qualifying lands to be conveyed, multiplied by the average per acre value. The department shall determine the averages based on the land value tables established by RCW 84.33.140 and revised annually by the department of revenue with separate values for western and eastern Washington.
(((c) Adjustment in compensation. Where the department
does not complete its duties as required in subsections (3)
through (5) of this section within the required time period or
the department is unable to complete the acquisition because
of a lack of funds or other reason, the landowner has the
option to require that the department recompute the
compensation based on the most recently published land value
and stumpage value tables.
(8) Management options. In any circumstance where
qualifying CMZ lands are not acquired by the department in fee
or through a conservation easement, the landowner may elect to
develop a management option for the lands in cooperation with
the department, other agencies and affected Indian tribes.))
(5) Qualifying lands. The lands proposed in an application must include qualifying CMZ lands or qualifying critical habitat lands that are eligible for easement acquisition as follows:
(a) Qualifying lands are lands that, once a complete application is received, are identified in records of the applicable county assessor as being assessed and taxed either under chapter 84.33 RCW as designated forest land or under chapter 84.34 RCW as current use classification timber land or open space.
(b) Qualifying lands are lands owned by an individual, partnership, corporation or other nongovernmental entity.
(c) Lands do not qualify for the program where the department has determined that:
(i) The lack of access to the land is likely to materially impair the department's ability to administer the program with respect to the land;
(ii) The land is subject to unacceptable liabilities. See WAC 222-23-010 (2)(c).
[Statutory Authority: RCW 76.09.040. 05-12-119, § 222-23-020, 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, § 222-23-020, filed 5/30/01, effective 7/1/01.]
(2) Use and management of lands and easement interests
acquired under ((riparian)) rivers and habitat open space
program. Subject to the exceptions set forth in this
subsection (or as otherwise provided in the ((conveyance or))
easement documents), the lands ((conveyed or)) subject to the
conservation easements under this chapter shall be managed by
the department only in a manner necessary for ecological
protection ((or)), and fisheries and wildlife enhancement. The ((conveyance of lands)) easements under the ((riparian
open space)) program shall not create a right of public access
to ((the conveyed lands)) or across adjoining or other lands
owned by the landowner ((conveying property or)) granting an
easement ((under the riparian open space program)).
(3) Transfer of ((fee or)) easement interest or
management responsibility. After acquisition of ((a fee or))
an easement interest in qualifying ((CMZ)) lands, the
department may transfer its interest in such lands by a
recorded instrument to another state agency, a local
governmental entity within which the lands lie, or a private
nonprofit nature conservancy corporation (as defined in RCW 64.04.130). Alternatively, the department may contract with
one or more of the foregoing entities to exercise the
department's management authority over the qualifying ((CMZ))
lands. Any such contract will include provisions fully
advising the contracting party of the rights of the landowner
under this chapter and the conveyance instrument. The
department shall notify the landowner of any transfer of its
interest in the qualifying ((CMZ)) lands or any transfer of
management responsibilities over those lands, provided that
failure to so notify the landowner shall not affect the
validity of the transfer.
[Statutory Authority: RCW 76.09.040. 05-12-119, § 222-23-025, 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, § 222-23-025, filed 5/30/01, effective 7/1/01.]
(2))) Conservation easement. Conveyances of a
conservation easement shall be through execution by the
landowner and the department of a conservation easement in a
form acceptable to the department and the landowner. The
easement shall be perpetual and not for a term of years. The
easement will include terms reasonably necessary and
appropriate to the circumstances of the particular lands
involved. Prior to closing, the landowner shall procure a
((litigation guarantee or)) preliminary title ((history))
insurance report from a title company, provided that in the
case of an easement being donated to the department, the
department shall pay the cost of the ((guarantee or other))
report.
(((3))) (2) Description standards. The description of
the qualifying lands being conveyed shall be a legal land
survey description ((or, if)) unless the cost of securing the
survey would be unreasonable in relation to the value of the
lands conveyed. When the department determines a survey
((is)) need not ((being)) be performed, the description shall
((include the township, range, section, and legal subdivision,
and utilize a map at a scale of 1:400 indexed either to one
legal land survey point or two geopositional system points
plus a GPS traverse of the boundary between the CMZ and the
RMZ core area, tied to one legal land survey point or two
geopositional system points, or other description)) be in the
form that can depict the location of the lands conveyed
without relying on verbal evidence, or another form acceptable
to the department.
(((4))) (3) Closing and recording. Upon execution of the
conveyance documents and other documents required for closing,
the department shall pay any compensation owed to the
landowner and record the conveyance documents. The department
shall pay the recording fees. No compensating taxes under
chapters 84.33 and 84.34 RCW shall be owed. Title insurance
premiums and any real estate excise tax owed shall be paid by
the landowner conveying the ((property or)) easement.
(4) Internal department of natural resources procedure for review of decisions. Certain decisions of the department pursuant to this chapter may be appealed to the supervisor of the department or his or her designee. Any person that wishes to appeal final written decisions of the department pertaining to the following procedural determinations: Application eligibility, application prioritization, easement valuation, and related decisions made may submit a request for review within thirty days after the date of the department's final written notice of procedural determination. The request for review must identify the issue being raised and provide any supporting documentation. The supervisor will issue a written response within thirty days. The supervisor's written response shall constitute the department's final decision.
[Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). 01-12-042, § 222-23-030, filed 5/30/01, effective 7/1/01.]