WSR 12-11-112

PREPROPOSAL STATEMENT OF INQUIRY

FOREST PRACTICES BOARD


[ Filed May 22, 2012, 10:12 a.m. ]

Subject of Possible Rule Making: Hydraulic project approvals for forestry activities and forest practices within urban growth areas.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 76.09.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The 2012 legislature passed 2ESSB 6406 which integrates hydraulic project approvals associated with forestry activities into the forest practices application (FPA) and review process.

In addition, certain portions of chapter 76.09 RCW related to forest practices within urban growth areas have not been incorporated into TITLE 222 WAC, Forest practices. It is preferable to add this information to the rules to facilitate appropriate and consistent implementation.

Therefore, the board is considering rule making to incorporate the necessary changes from 2ESSB 6406 into TITLE 222 WAC, Forest practices; and clarify existing forest practices rule language related to forest practices within urban growth areas.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington department of fish and wildlife (WDFW) currently regulates hydraulic projects in fish habitat waters on forest land and determines standards for fish protection. The forest practices board will coordinate with WDFW to incorporate fish protection standards into TITLE 222 WAC after WDFW adopts rules establishing a concurrence review process. This concurrence review process is to be integrated into the rules and the department of natural resources' review of FPAs that include hydraulic projects.

Process for Developing New Rule: Coordinate with WDFW on rule making to incorporate necessary changes from 2ESSB 6406 into TITLE 222 WAC, Forest practices; include forest practices stakeholders in review of draft rules (department of ecology, WDFW, Washington State Association of Counties, United States Fish and Wildlife Service, NOAA Fisheries, and interested forest landowner and conservation organizations).

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Mail, fax, or e-mail comments to Patricia Anderson, Forest Practices Board Rules Coordinator, Department of Natural Resources, Forest Practices Division, 1111 Washington Street S.E., 4th floor, P.O. Box 47012, Olympia, WA 98504-7012, fax (360) 902-1428, e-mail forest.practicesboard@dnr.wa.gov.

May 9, 2012

B. Moran

Chair

Washington State Code Reviser's Office