WSR 18-07-011
[Filed March 9, 2018, 9:49 a.m., effective April 9, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The board is amended [amending] its rules to allow applicants the ability to submit electronic signatures and payments when submitting forest practices applications. The rule precedes department of natural resource's development of an electronic business system. This will be an additional method for submission to either certified mail or hand delivery to a region[al] office.
Citation of Rules Affected by this Order: Amending WAC 222-20-010 and 222-20-030.
Statutory Authority for Adoption: RCW 76.09.040.
Other Authority: RCW 19.360.010.
Adopted under notice filed as WSR 17-19-016 on September 7, 2017.
A final cost-benefit analysis is available by contacting Patricia Anderson, P.O. Box 47012, phone 360-902-1413, email, web site
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 14, 2018.
Stephen Bernath
AMENDATORY SECTION (Amending WSR 15-06-037, filed 2/26/15, effective 3/29/15)
WAC 222-20-010 Applications and notifications—Policy.
(1) No Class II, III or IV forest practices shall be commenced or continued unless the department has received a notification for Class II forest practices, or approved an application for Class III or IV forest practices pursuant to the act. Where the time limit for the department to act on the application has expired, and none of the conditions in WAC 222-20-020(1) exist, the operation may commence. (NOTE: OTHER LAWS AND RULES AND/OR PERMIT REQUIREMENTS MAY APPLY. SEE CHAPTER 222-50 WAC.)
(2) The department shall prescribe the form and contents of notifications and applications. The department shall specify the information required for a notification, and the information required for the department to approve or disapprove an application.
(3) Except as provided in subsection (4) of this section, applications and notifications shall be signed by the landowner, the timber owner, and the operator if the operator is known at the time the application is submitted. Electronic signatures may be accepted when the department develops an electronic business system.
(4) In lieu of a landowner's signature, where the timber rights have been transferred by deed to a perpetual owner who is different from the forest landowner, the owner of perpetual timber rights may sign a forest practices application or notification for operations not converting to another use and the statement of intent not to convert for a set period of time. The holder of perpetual timber rights shall serve the signed forest practices application or notification and the signed statement of intent on the forest landowner. The forest practices application shall not be considered complete until the holder of perpetual timber rights has submitted evidence acceptable to the department that such service has occurred.
(5) Where an application for a conversion is not signed by the landowner, the department shall not approve the application. Applications and notifications for the development or maintenance of utility rights of way shall not be considered to be conversions.
(6) Transfer of the approved application or notification to a new landowner, timber owner or operator requires written notice by the former landowner or timber owner to the department and should include the original application or notification number. This written notice shall be in a form acceptable to the department and shall contain an affirmation signed by the new landowner, timber owner, or operator, as applicable, that he/she agrees to be bound by all conditions on the approved application or notification. In the case of a transfer of an application previously approved without the landowner's signature, the new timber owner or operator must submit a bond securing compliance with the requirements of the forest practices rules as determined necessary by the department. If an application or notification indicates that the landowner or timber owner is also the operator, or an operator signed the application, no notice need be given regarding any change in subcontractors or similar independent contractors working under the supervision of the operator of record.
(7) The landowner or timber owner must provide notice of hiring or change of operator to the department within forty-eight hours of the change. The department shall promptly notify the landowner if the operator is subject to a notice of intent to disapprove under WAC 222-46-070. Once notified, the landowner will not permit the operator, who is subject to a notice of intent to disapprove, to conduct the forest practices specified in the application or notification, or any other forest practices until such notice of intent to disapprove is removed by the department.
(8) Applications and notifications, if complete, will be considered officially received on the date ((and time)) shown on any registered or certified mail receipt, or the written receipt given at the ((time)) date of personal delivery, or ((at the time)) on the date of receipt by general mail delivery, or on the date of electronic receipt when the department develops an electronic business system. The department will immediately provide a dated receipt to the applicant. Applications or notifications that are not complete, or are inaccurate will not be considered officially received until the applicant furnishes the necessary information to complete the application.
(a) A review statement from the U.S. Forest Service that evaluates compliance of the forest practices with the Columbia River Gorge National Scenic Area Act (CRGNSA) special management area guidelines is necessary information for an application or notification within the CRGNSA special management area. The review statement requirement shall be waived if the applicant can demonstrate the U.S. Forest Service received a complete plan application and failed to act within forty-five days.
(b) A complete environmental checklist (WAC 197-11-315) is necessary information for all Class IV applications.
(c) A local governmental entity clearing and/or grading permit is necessary information for all Class IV applications on lands that will be converted to a use other than commercial timber operations if the local governmental entity has jurisdiction and has an ordinance requiring such permit.
(d) A checklist road maintenance and abandonment plan is necessary information for all small forest landowners' applications or notifications for timber harvest (including salvage), unless exempt under WAC 222-24-0511, or unless the application is a small forest landowner long-term application which requires a roads assessment.
(9) Where potentially unstable slopes or landforms are in or around the area of an application, the department may require the landowner to provide additional information in order to classify the application appropriately. If necessary, the department may require additional geologic information prepared by a qualified expert. The department may request that the qualified expert explain the methods the qualified expert used to evaluate the proposed harvest or construction activities with respect to the potentially unstable slopes or landforms. Nothing in this subsection is intended to require a geotechnical report if the geologic information provided is sufficient to appropriately classify the application.
(a) "Qualified expert" is defined in WAC 222-10-030.
(b) "Potentially unstable slopes or landforms" are those listed in WAC 222-16-050 (1)(d)(i)(A) through (E).
(10) Financial assurances may be required by the department prior to the approval of any future forest practices application or notification to an operator or landowner under the provisions of WAC 222-46-090.
AMENDATORY SECTION (Amending WSR 07-20-044, filed 9/26/07, effective 10/27/07)
WAC 222-20-030 Delivery of notifications and applicationsReceiptsFile numbers.
(1) Notifications and applications ((should)) shall be delivered to the department by mail or personal delivery at the appropriate region office, or electronically when the department develops an electronic business system. Notifications and applications actually received at the appropriate region office by other means may be accepted or returned to the applicant.
(2) Upon delivery of a complete notification or application the department will provide a written receipt to the landowner, timber owner, and operator.
(3) Each receipt will indicate the file number assigned to the notification or application.