reglab/housing_qa huggingface dataset:
WA Rev Code § 76.09.270 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.270 - Annual determination of state's research needs—Recommendations.

RCW 76.09.270 Annual determination of state's research needs—Recommendations.The department, along with other affected agencies and institutions, shall annually determine the state's needs for research in forest practices and the impact of such practices on public resources and shall recommend needed projects to the governor and the legislature.[ 1974 ex.s. c 137 § 27.]
WA Rev Code § 76.09.280 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.280 - Removal of log and debris jams from streams.

RCW 76.09.280 Removal of log and debris jams from streams.Forestland owners shall permit reasonable access requested by appropriate agencies for removal from streambeds abutting their property of log and debris jams accumulated from upstream ownerships. Any owner of logs in such jams in claiming or removing them shall be required to remove all unmerchantable material from the streambed in accordance with the forest practices regulations. Any material removed from streambeds must also be removed in compliance with all applicable laws administered by other agencies.[ 1974 ex.s. c 137 § 28.]
WA Rev Code § 76.09.290 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.290 - Inspection of lands—Reforestation.

RCW 76.09.290 Inspection of lands—Reforestation.The department shall inspect, or cause to be inspected, deforested lands of the state and ascertain if the lands are valuable chiefly for agriculture, timber growing, or other purposes, with a view to reforestation.[ 1986 c 100 § 49.]
WA Rev Code § 76.09.300 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.300 - Mass earth movements and fluvial processes—Program to correct hazardous conditions on sites associated with roads and railroad grades—Hazard-reduction plans.

RCW 76.09.300 Mass earth movements and fluvial processes—Program to correct hazardous conditions on sites associated with roads and railroad grades—Hazard-reduction plans.(1) Mass earth movements and fluvial processes can endanger public resources and public safety. In some cases, action can be taken which has a probability of reducing the danger to public resources and public safety. In other cases it may be best to take no action. In order to determine where and what, if any, actions should be taken on forestlands, the department shall develop a program to correct hazardous conditions on identified sites associated with roads and railroad grades constructed on private and public forestlands prior to January 1, 1987. The first priority treatment shall be accorded to those roads and railroad grades constructed before the effective date of the forest practices act of 1974.(2) This program shall be designed to accomplish the purposes and policies set forth in RCW 76.09.010. For each geographic area studied, the department shall produce a hazard-reduction plan which shall consist of the following elements:(a) Identification of sites where the department determines that earth movements or fluvial processes pose a significant danger to public resources or public safety: PROVIDED, That no liability shall attach to the state of Washington or the department for failure to identify such sites;(b) Recommendations for the implementation of any appropriate hazard-reduction measures on the identified sites, which minimize interference with natural processes and disturbance to the environment;(c) Analysis of the costs and benefits of each of the hazard-reduction alternatives, including a no-action alternative.(3) In developing these plans, it is intended that the department utilize appropriate scientific expertise including a geomorphologist, a forest hydrologist, and a forest engineer.(4) In developing these plans, the department shall consult with affected tribes, landowners, governmental agencies, and interested parties.(5) Unless requested by a forestland owner under RCW 76.09.320, the department shall study geographic areas for participation in the program only to the extent that funds have been appropriated for cost sharing of hazard-reduction measures under RCW 76.09.320.[ 1987 c 95 § 2.]
WA Rev Code § 76.09.305 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.305 - Advisory committee to review hazard-reduction plans authorized—Compensation, travel expenses.

RCW 76.09.305 Advisory committee to review hazard-reduction plans authorized—Compensation, travel expenses.The forest practices board may, upon request of the department or at its own discretion, appoint an advisory committee consisting of not more than five members qualified by appropriate experience and training to review and comment upon such draft hazard reduction plans prepared by the department as the department submits for review.If an advisory committee is established, and within ninety days following distribution of a draft plan, the advisory committee shall prepare a written report on each hazard reduction plan submitted to it. The report, which shall be kept on file by the department, shall address each of those elements described in RCW 76.09.300(2).Final authority for each plan is vested in the department, and advisory committee comments and decisions shall be advisory only. The exercise by advisory committee members of their authority to review and comment shall not imply or create any liability on their part. Advisory committee members shall be compensated as provided for in RCW 43.03.250 and shall receive reimbursement for travel expenses as provided by RCW 43.03.050 and 43.03.060.[ 1987 c 95 § 3.]
WA Rev Code § 76.09.310 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.310 - Hazard-reduction program—Notice to landowners within areas selected for review—Proposed plans—Objections to plan, procedure—Final plans—Appeal.

RCW 76.09.310 Hazard-reduction program—Notice to landowners within areas selected for review—Proposed plans—Objections to plan, procedure—Final plans—Appeal.(1) The department shall send a notice to all forestland owners, both public and private, within the geographic area selected for review, stating that the department intends to study the area as part of the hazard-reduction program.(2) The department shall prepare a proposed plan for each geographic area studied. The department shall provide the proposed plan to affected landowners, Indian tribes, interested parties, and to the advisory committee, if established pursuant to RCW 76.09.305.(3) Any aggrieved landowners, agencies, tribes, and other persons who object to any or all of the proposed hazard-reduction plan may, within thirty days of issuance of the plan, request the department in writing to schedule a conference. If so requested, the department shall schedule a conference on a date not more than thirty days after receiving such request.(4) Within ten days after such a conference, the department shall either amend the proposed plan or respond in writing indicating why the objections were not incorporated into the plan.(5) Within one hundred twenty days following the issuance of the proposed plan as provided in subsection (2) of this section, the department shall distribute a final hazard-reduction plan designating those sites for which hazard-reduction measures are recommended and those sites where no action is recommended. For each hazard-reduction measure recommended, a description of the work and cost estimate shall be provided.(6) Any aggrieved landowners, agencies, tribes, and other persons are entitled to appeal the final hazard-reduction plan to the appeals board if, within thirty days of the issuance of the final plan, the party transmits a notice of appeal to the appeals board and to the department.(7) A landowner's failure to object to the recommendations or to appeal the final hazard-reduction plan shall not be deemed an admission that the hazard-reduction recommendations are appropriate.(8) The department shall provide a copy of the final hazard-reduction plan to the department of ecology and to each affected county.[ 2010 c 210 § 25; 1987 c 95 § 4.]NOTES:Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
WA Rev Code § 76.09.315 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.315 - Implementation of hazard-reduction measures—Election—Notice and application for cost-sharing funds—Inspection—Letter of compliance—Limitations on liability.

RCW 76.09.315 Implementation of hazard-reduction measures—Election—Notice and application for cost-sharing funds—Inspection—Letter of compliance—Limitations on liability.(1) When a forestland owner elects to implement the recommended hazard-reduction measures, the landowner shall notify the department and apply for cost-sharing funds. Upon completion, the department shall inspect the remedial measures undertaken by the forestland owner. If, in the department's opinion, the remedial measures have been properly implemented, the department shall promptly transmit a letter to the landowner stating that the landowner has complied with the hazard-reduction measures.(2) Forestland owners, public and private, of hazard-reduction sites reviewed by the department and who have complied with the department's recommendations for sites which require action shall not be liable for any personal injuries or property damage, occurring on or off the property reviewed, arising from mass earth movements or fluvial processes associated with the hazard-reduction site reviewed. The limitation on liability contained in this subsection shall also cover personal injuries or property damage arising from mass earth movements or fluvial processes which are associated with those areas disturbed by activities required to acquire site access and to execute the plan when such activities are approved as part of a hazard-reduction plan. Notwithstanding the foregoing provisions of this subsection, a landowner may be liable when the landowner had actual knowledge of a dangerous artificial latent condition on the property that was not disclosed to the department.(3) The exercise by the department of its authority, duties, and responsibilities provided for developing and implementing the hazard-reduction program and plans shall not imply or create any liability in the state of Washington or the department except that the department may be liable if the department is negligent in making a final hazard-reduction plan or in approving the implementation of specific hazard-reduction measures.[ 1987 c 95 § 5.]
WA Rev Code § 76.09.320 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.320 - Implementation of hazard-reduction program—Cost sharing by department—Limitations.

RCW 76.09.320 Implementation of hazard-reduction program—Cost sharing by department—Limitations.(1) Subject to the availability of appropriated funds, the department shall pay fifty percent of the cost of implementing the hazard-reduction program, except as provided in subsection (2) of this section.(2) In the event department funds described in subsection (1) of this section are not available for all or a portion of a forestland owner's property, the landowner may request application of the hazard-reduction program to the owner's lands, provided the landowner funds one hundred percent of the cost of implementation of the department's recommended actions on his or her property.(3) No cost-sharing funds may be made available for sites where the department determines that the hazardous condition results from a violation of then-prevailing standards as established by statute or rule.[ 2013 c 23 § 231; 1987 c 95 § 6.]
WA Rev Code § 76.09.330 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.330 - Legislative findings—Liability from naturally falling trees required to be left standing.

RCW 76.09.330 Legislative findings—Liability from naturally falling trees required to be left standing.The legislature hereby finds and declares that riparian ecosystems on forestlands in addition to containing valuable timber resources, provide benefits for wildlife, fish, and water quality. The legislature further finds and declares that leaving riparian areas unharvested and leaving snags and green trees for large woody debris recruitment for streams and rivers provides public benefits including but not limited to benefits for threatened and endangered salmonids, other fish, amphibians, wildlife, and water quality enhancement. The legislature further finds and declares that leaving upland areas unharvested for wildlife and leaving snags and green trees for future snag recruitment provides benefits for wildlife. Forestland owners may be required to leave trees standing in riparian and upland areas to benefit public resources. It is recognized that these trees may blow down or fall into streams and that organic debris may be allowed to remain in streams. This is beneficial to riparian dependent and other wildlife species. Further, it is recognized that trees may blow down, fall onto, or otherwise cause damage or injury to public improvements, private property, and persons. Notwithstanding any statutory provision, rule, or common law doctrine to the contrary, the landowner, the department, and the state of Washington shall not be held liable for any injury or damages resulting from these actions, including but not limited to wildfire, erosion, flooding, personal injury, property damage, damage to public improvements, and other injury or damages of any kind or character resulting from the trees being left.[ 1999 sp.s. c 4 § 602; 1992 c 52 § 5; 1987 c 95 § 7.]NOTES:Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.
WA Rev Code § 76.09.340 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.340 - Certain forest practices exempt from rules and policies under this chapter.

RCW 76.09.340 Certain forest practices exempt from rules and policies under this chapter.Forest practices consistent with a habitat conservation plan approved prior to March 25, 1996, by the secretary of the interior or commerce under 16 U.S.C. Sec. 1531 et seq., and the endangered species act of 1973 as amended, are exempt from rules and policies under this chapter, provided the proposed forest practices indicated in the application are in compliance with the plan, and provided this exemption applies only to rules and policies adopted primarily for the protection of one or more species, including unlisted species, covered by the plan. Such forest practices are deemed not to have the potential for a substantial impact on the environment but may be found to have the potential for a substantial impact on the environment due to other reasons under RCW 76.09.050.Nothing in this section is intended to limit the board's rule-making authority under this chapter.[ 1996 c 136 § 1.]NOTES:Effective date—1996 c 136: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 25, 1996]." [ 1996 c 136 § 2.]
WA Rev Code § 76.09.360 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.360 - Single multiyear permit.

RCW 76.09.360 Single multiyear permit.The department together with the department of fish and wildlife, and the department of ecology relating to water quality protection, shall develop a suitable process to permit landowners to secure all permits required for the conduct of forest practices in a single multiyear permit to be jointly issued by the departments and the departments shall report their findings to the legislature not later than December 31, 2000.[ 1997 c 290 § 2.]
WA Rev Code § 76.09.368 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.368 - Intent—Small forestland owners—Alternate plan processes/alternate harvest restrictions—Report to the legislature.

RCW 76.09.368 Intent—Small forestland owners—Alternate plan processes/alternate harvest restrictions—Report to the legislature.The legislature intends that small forestland owners have access to alternate plan processes or alternate harvest restrictions, or both if necessary, that meet the public resource protection standard set forth in RCW 76.09.370(3), but which also lowers the overall cost of regulation to small forestland owners including, but not limited to, timber value forgone, layout costs, and operating costs. The forest practices board shall consult with the small forestland owner office advisory committee in developing these alternate approaches. By July 1, 2003, the forest practices board shall provide the legislature with a written report that describes the board's progress in developing alternate plan processes or alternate harvest restrictions, or both if necessary, that meet legislative intent.As used in this section, "small forestland owner" has the same meaning as defined in RCW 76.13.120(2).[ 2002 c 120 § 4.]
WA Rev Code § 76.09.390 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.390 - Sale of land or timber rights with continuing obligations—Notice—Failure to notify—Exemption.

RCW 76.09.390 Sale of land or timber rights with continuing obligations—Notice—Failure to notify—Exemption.(1) Except as provided in subsection (2) of this section, prior to the sale or transfer of land or perpetual timber rights subject to continuing forestland obligations under the forest practices rules adopted under RCW 76.09.370, as specifically identified in the forests and fish report the seller shall notify the buyer of the existence and nature of such a continuing obligation and the buyer shall sign a notice of continuing forestland obligation indicating the buyer's knowledge thereof. The notice shall be on a form prepared by the department and shall be sent to the department by the seller at the time of sale or transfer of the land or perpetual timber rights and retained by the department. If the seller fails to notify the buyer about the continuing forestland obligation, the seller shall pay the buyer's costs related to such continuing forestland obligation, including all legal costs and reasonable attorneys' fees, incurred by the buyer in enforcing the continuing forestland obligation against the seller. Failure by the seller to send the required notice to the department at the time of sale shall be prima facie evidence, in an action by the buyer against the seller for costs related to the continuing forestland obligation, that the seller did not notify the buyer of the continuing forestland obligation prior to sale.(2) Subsection (1) of this section does not apply to checklist road maintenance and abandonment plans created by RCW 76.09.420.[ 2003 c 311 § 6; 1999 sp.s. c 4 § 707.]NOTES:Findings—Effective date—2003 c 311: See notes following RCW 76.09.020.Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.
WA Rev Code § 76.09.405 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.405 - Forest and fish support account—Created.

RCW 76.09.405 Forest and fish support account—Created.The forest and fish support account is hereby created in the state treasury. Receipts from appropriations, the surcharge imposed under RCW 82.04.261, and other sources must be deposited into the account. Expenditures from the account shall be used for activities pursuant to the state's implementation of the forests and fish report as defined in this chapter and related activities including, but not limited to, adaptive management, monitoring, and participation grants to tribes, state and local agencies, and not-for-profit public interest organizations. Expenditures from the account may be made only after appropriation by the legislature. During the 2019-2021 fiscal biennium, the legislature may appropriate moneys from the account for activities to implement this chapter.[ 2019 c 415 § 982. Prior: 2007 c 54 § 3; 2007 c 48 § 1; 2006 c 300 § 3.]NOTES:Effective date—2019 c 415: See note following RCW 28B.20.476.Severability—2007 c 54: See note following RCW 82.04.050.Effective date—2007 c 48: See note following RCW 82.04.260.Effective dates—Contingent effective date—2006 c 300: See note following RCW 82.04.261.
WA Rev Code § 76.09.410 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.410 - Road maintenance and abandonment plans—Fish passage barriers.

RCW 76.09.410 Road maintenance and abandonment plans—Fish passage barriers.(1) The state may not require a small forestland owner to invest in upgrades, replacements, or other engineering of a forest road, and any fish passage barriers that are a part of the road, that do not threaten public resources or create a barrier to the passage of fish.(2) Participation in the forests and fish agreement provides a benefit to both the landowner in terms of federal assurances, and the public in terms of aquatic habitat preservation and water quality enhancement; therefore, if conditions do threaten public resources or create a fish passage barrier, the road maintenance and abandonment planning process may not require a small forestland owner to take a positive action that will result in high cost without a significant portion of that cost being shared by the public.(3) Some fish passage barriers are more of a threat to public resources than others; therefore, no small forestland owner should be required to repair a fish passage barrier until higher priority fish passage barriers on other lands in the watershed have been repaired.(4) If an existing fish passage barrier on land owned by a small forestland owner was installed under an approved forest practices application or notification, and hydraulics approval, and that fish passage barrier becomes a high priority for fish passage based on the watershed ranking in *RCW 76.13.150, one hundred percent public funding shall be provided.(5) The preparation of a road maintenance and abandonment plan can require technical expertise that may require large expenditures before the time that the landowner plans to conduct any revenue-generating operations on his or her land; therefore, small forestland owners should be allowed to complete a simplified road maintenance and abandonment plan checklist, that does not require professional engineering or forestry expertise to complete, and that does not need to be submitted until the time that the landowner submits a forest practices application or notification for final or intermediate harvesting, or for salvage of trees. Chapter 311, Laws of 2003 is intended to provide an alternate way for small forestland owners to comply with the road maintenance and abandonment plan goals identified in the forest practices rules.[ 2003 c 311 § 2.]NOTES:*Reviser's note: The reference to RCW 76.13.150 appears to be erroneous. Reference to RCW 77.12.755 was apparently intended.Findings—Effective date—2003 c 311: See notes following RCW 76.09.020.
WA Rev Code § 76.09.430 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.430 - Application to RCW 76.13.150.

RCW 76.09.430 Application to RCW 76.13.150.RCW 76.13.150 applies to road maintenance and abandonment plans under this chapter.[ 2003 c 311 § 8.]NOTES:Findings—Effective date—2003 c 311: See notes following RCW 76.09.020.