The forest practices board (board) has proposed a draft rule (CR-102) for public review. The proposed buffer rule provides new best management practice options that reduce timber harvest next to all non-fish bearing perennial streams in Western Washington subject to the forest practices habitat conservation plan. This will create an expanded continuous buffer of trees around these streams. The widths of the buffer vary from 50 to 75 feet, depending on conditions.

Under the forest and fish agreement, ecology has the responsibility to determine whether the board's proposed rule will meet water pollution control laws. To do this, we conducted an analysis (called a Tier II analysis) of the proposed rule to determine if the rule is likely to cause:

While our analysis is not part of the board's formal rule-making materials, we are holding our public comment period at approximately the same time as the public comment period for the board's proposed rule.


•	Warming of water that is currently higher quality (such as colder water).
•	If warming will occur, whether it is necessary and in the public interest to allow it.

What did the analysis find? Our draft analysis found that the proposed rule would substantially improve water quality. The proposed buffer options should result in minimal stream warming, and any warming that may occur is likely to be shorter when compared to the current rule conditions. We agree with the cost-benefit analysis commissioned by the board which found that the probable benefits of the proposed rule are likely to outweigh the probable costs.

Public comment: Ecology invites public comment on our draft analysis from midnight on July 7, 2025, until 11:59 p.m. on August 18, 2025. We welcome all comments that address the draft Tier II analysis. However, comments on the board's proposed Type Np buffer rule need to be directed to the board through the board's public comment process, found at https://dnr.wa.gov/dnr-boards-and-commissions/forest-practices-board/forest-practices-rules-and-board-manual-guidelines/forest-practices-board-rule-making.

Document for review: The draft Tier II analysis can be found at https://apps.ecology.wa.gov/publications/SummaryPages/2510041.html.


•	Submit comments online at https://wq.ecology.commentinput.com/?id=juMmcHx2Ff;
•	By mail (must be postmarked by August 18, 2025) at Watershed Management Section, Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696; or
•	At our public hearing on July 31 at 5:30 p.m. (details below).

Public hearing: Ecology will hold an online public hearing on Zoom about our draft Tier II analysis. The hearing will begin with a short presentation about the draft analysis. Formal public testimony will start immediately after the presentation. We encourage both questions and comments to be submitted during the public testimony period. The hearing will conclude once everyone who wants to provide testimony has had the opportunity to do so. Written comments will receive the same consideration as oral testimony.

Hearing date and location: On July 31, 2025, at 5:30 p.m., via webinar. Register for the webinar at https://waecy-wa-gov.zoom.us/meeting/register/4jfrgkDbS_q4z46lJh_yPQ. After registering, you will receive information on how to join on your computer or phone.

Next steps: Following the public comment period, we will review and respond to comments received. We will incorporate feedback, finalize our analysis, and provide a final Tier II antidegradation analysis report on our website and to the board prior to the board's November 12, 2025, meeting. We will provide a response to comments in our final Tier II analysis report.

Questions? If you have any questions, please contact Chris Briggs at WQForestPractices@ecy.wa.gov or 360-890-5882.