reglab/housing_qa huggingface dataset:
WA Rev Code § 76.06.160 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.06 - Forest Insect and Disease Control.|76.06.160 - Forest health issues—Tiered system.

RCW 76.06.160 Forest health issues—Tiered system.Forest health issues shall be addressed by a tiered system.(1) The first tier is intended to maintain forest health and protect forests from disturbance agents through the voluntary efforts of landowners. Tier 1 is the desired status. Consistent with landowner objectives and the protection of public resources, forests should be managed in ways that create, restore, or maintain healthy forest ecosystems so that disturbance agents occur or exist at nonepidemic levels. To the extent of available funding, information and technical assistance will be made available to forestland owners so they can plan for and implement necessary forest health maintenance and restoration activities.(2) The second tier is intended to manage the development of threats to forest health, or address existing threats to forest health, due to disturbance agents. Actions by landowners to address such threats to forest health are voluntary except as required under chapter 76.04 RCW to reduce the danger of the spread of fire. Actions suggested to reduce threats to forest health are specified in forest health hazard warnings issued by the commissioner of public lands under RCW 76.06.180. Within available funding, site-specific information, technical assistance, and project coordination services shall be offered as determined appropriate by the department.(3) The third tier is intended to address significant threats to forest health due to disturbance agents that have spread to multiple forest ownerships or increased forest fuel that is likely to further the spread of fire. Actions required to reduce significant threats to forest health are specified in forest health hazard orders issued by the commissioner of public lands under RCW 76.06.180(5). Within available funding, site-specific information, technical assistance, and project coordination services shall be offered as determined appropriate by the department. Landowners who are provided notice of a forest health hazard order under RCW 76.06.180(5) and fail to take the action required under such order may be subject to increased liability for the spread of fire as described in RCW 76.04.495 and 76.04.660. However, a private landowner need not take actions required under the third tier, and may not be held liable for the failure to take such actions, where the disturbance agents on the private landowner's land spread from state or federal lands or where the presence of disturbance agents on state or federal lands would limit the effectiveness of actions required on the private landowner's land under the third tier.[ 2007 c 480 § 5.]
WA Rev Code § 76.06.190 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.06 - Forest Insect and Disease Control.|76.06.190 - Chapter 480, Laws of 2007 subject to the provisions of chapter 76.09 RCW.

RCW 76.06.190 Chapter 480, Laws of 2007 subject to the provisions of chapter 76.09 RCW.Nothing in chapter 480, Laws of 2007 shall exempt actions specified under the authority of chapter 480, Laws of 2007 from the application of the provisions of chapter 76.09 RCW and rules adopted thereunder which govern forest practices.[ 2007 c 480 § 9.]
WA Rev Code § 76.06.900 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.06 - Forest Insect and Disease Control.|76.06.900 - Severability.

RCW 76.06.900 Severability.If any part of this chapter or requirements imposed upon landowners pursuant to this chapter are found to conflict with requirements of other statutes or rules, the conflicting part of this chapter or requirements imposed pursuant to this chapter shall be inoperative solely to the extent of the conflict. The finding or determination shall not affect the operation of the remainder of this chapter or such requirements.[ 2007 c 480 § 10.]
WA Rev Code § 76.09.055 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.055 - Findings—Emergency rule making authorized.

RCW 76.09.055 Findings—Emergency rule making authorized.(1) The legislature finds that the levels of fish stocks throughout much of the state require immediate action to be taken to help these fish runs where possible. The legislature also recognizes that federal and state agencies, tribes, county representatives, and private timberland owners have spent considerable effort and time to develop the forests and fish report. Given the agreement of the parties, the legislature believes that the immediate adoption of emergency rules is appropriate in this particular instance. These rules can implement many provisions of the forests and fish report to protect the economic well-being of the state, and to minimize the risk to the state and landowners to legal challenges. This authority is not designed to set any precedents for the forest practices board in future rule making or set any precedents for other rule-making bodies of the state.(2) The forest practices board is authorized to adopt emergency rules amending the forest practices rules with respect to the protection of aquatic resources, in accordance with RCW 34.05.350, except: (a)(i) That the rules adopted under this section may remain in effect until permanent rules are adopted, or until June 30, 2001, whichever is sooner; (ii) that the rules adopted under RCW 76.09.420(5) must remain in effect until permanent rules are adopted; (b) notice of the proposed rules must be published in the Washington State Register as provided in RCW 34.05.320; (c) at least one public hearing must be conducted with an opportunity to provide oral and written comments; and (d) a rule-making file must be maintained as required by RCW 34.05.370. In adopting emergency rules consistent with this section, the board is not required to prepare a small business economic impact statement under chapter 19.85 RCW, prepare a statement indicating whether the rules constitute a significant legislative rule under RCW 34.05.328, prepare a significant legislative rule analysis under RCW 34.05.328, or follow the procedural requirements of the state environmental policy act, chapter 43.21C RCW. Except as provided in RCW 76.09.420, the forest practices board may only adopt recommendations contained in the forests and fish report as emergency rules under this section.[ 2003 c 311 § 5; 2000 c 11 § 4; 1999 sp.s. c 4 § 201.]NOTES:Findings—Effective date—2003 c 311: See notes following RCW 76.09.020.Effective date—1999 sp.s. c 4 §§ 201, 202, and 203: "Sections 201, 202, and 203 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [June 7, 1999]." [ 1999 sp.s. c 4 § 1405.]Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.
WA Rev Code § 76.09.063 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.063 - Forest practices permit—Habitat incentives agreement.

RCW 76.09.063 Forest practices permit—Habitat incentives agreement.When a private landowner is applying for a forest practices permit under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of fish and wildlife as provided in *RCW 77.55.300, the department shall comply with the terms of that agreement when evaluating the permit application.[ 2003 c 39 § 33; 1997 c 425 § 5.]NOTES:*Reviser's note: RCW 77.55.300 was recodified as RCW 77.55.121 pursuant to 2005 c 146 § 1001.Finding—Intent—1997 c 425: See note following RCW 77.55.121.
WA Rev Code § 76.09.067 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.067 - Application for forest practices—Owner of perpetual timber rights.

RCW 76.09.067 Application for forest practices—Owner of perpetual timber rights.Notwithstanding any other provision of this chapter to the contrary, for the purposes of RCW 76.09.050(1) and 76.09.060, where timber rights have been transferred by deed to a perpetual owner who is different from the forestland owner, the owner of perpetual timber rights may sign the forest practices application or notification. The forest practices application is not complete until the holder of perpetual timber rights has submitted evidence to the department that the signed forest practices application or notification has been received by the forestland owner.[ 2007 c 106 § 5; 1998 c 100 § 1.]
WA Rev Code § 76.09.080 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.080 - Stop work orders—Grounds—Contents—Procedure—Appeals.

RCW 76.09.080 Stop work orders—Grounds—Contents—Procedure—Appeals.(1) The department shall have the authority to serve upon an operator a stop work order which shall be a final order of the department if:(a) There is any violation of the provisions of this chapter or the forest practices regulations; or(b) There is a deviation from the approved application; or(c) Immediate action is necessary to prevent continuation of or to avoid material damage to a public resource.(2) The stop work order shall set forth:(a) The specific nature, extent, and time of the violation, deviation, damage, or potential damage;(b) An order to stop all work connected with the violation, deviation, damage, or potential damage;(c) The specific course of action needed to correct such violation or deviation or to prevent damage and to correct and/or compensate for damage to public resources which has resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a public resource; and/or those courses of action necessary to prevent continuing damage to public resources where the damage is resulting from the forest practice activities but has not resulted from any violation, unauthorized deviation, or negligence; and(d) The right of the operator to a hearing before the appeals board.The department shall immediately file a copy of such order with the appeals board and mail a copy thereof to the timber owner and forestland owner at the addresses shown on the application. The operator, timber owner, or forestland owner may commence an appeal to the appeals board within thirty days from the date of receipt of the order by the operator. If such appeal is commenced, a hearing shall be held not more than twenty days after copies of the notice of appeal were filed with the appeals board. Such proceeding shall be an adjudicative proceeding within the meaning of chapter 34.05 RCW, the administrative procedure act. The operator shall comply with the order of the department immediately upon being served, but the appeals board if requested shall have authority to continue or discontinue in whole or in part the order of the department under such conditions as it may impose pending the outcome of the proceeding.[ 2010 c 210 § 21; 1989 c 175 § 163; 1975 1st ex.s. c 200 § 5; 1974 ex.s. c 137 § 8.]NOTES:Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.Effective date—1989 c 175: See note following RCW 34.05.010.
WA Rev Code § 76.09.100 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.100 - Failure to comply with water quality protection—Department of ecology authorized to petition appeals board—Action on petition.

RCW 76.09.100 Failure to comply with water quality protection—Department of ecology authorized to petition appeals board—Action on petition.If the department of ecology determines that a person has failed to comply with the forest practices regulations relating to water quality protection, and that the department of natural resources has not issued a stop work order or notice to comply, the department of ecology shall inform the department thereof. If the department of natural resources fails to take authorized enforcement action within twenty-four hours under RCW 76.09.080, 76.09.090, 76.09.120, or 76.09.130, the department of ecology may petition to the chair of the appeals board, who shall, within forty-eight hours, either deny the petition or direct the department of natural resources to immediately issue a stop work order or notice to comply, or to impose a penalty. No civil or criminal penalties shall be imposed for past actions or omissions if such actions or omissions were conducted pursuant to an approval or directive of the department of natural resources.[ 2013 c 23 § 220; 1975 1st ex.s. c 200 § 7; 1974 ex.s. c 137 § 10.]
WA Rev Code § 76.09.110 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.110 - Final orders or final decisions binding upon all parties.

RCW 76.09.110 Final orders or final decisions binding upon all parties.Unless declared invalid on appeal, a final order of the department or a final decision of the appeals board shall be binding upon all parties.[ 1974 ex.s. c 137 § 11.]
WA Rev Code § 76.09.120 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.120 - Failure of owner to take required course of action—Notice of cost—Department authorized to complete course of action—Liability of owner for costs—Lien.

RCW 76.09.120 Failure of owner to take required course of action—Notice of cost—Department authorized to complete course of action—Liability of owner for costs—Lien.If an operator fails to undertake and complete any course of action with respect to a forest practice, as required by a final order of the department or a final decision of the appeals board or any court pursuant to RCW 76.09.080 and 76.09.090, the department may determine the cost thereof and give written notice of such cost to the operator, the timber owner and the owner of the forestland upon or in connection with which such forest practice was being conducted. If such operator, timber owner, or forestland owner fails within thirty days after such notice is given to undertake such course of action, or having undertaken such course of action fails to complete it within a reasonable time, the department may expend any funds available to undertake and complete such course of action and such operator, timber owner, and forestland owner shall be jointly and severally liable for the actual, direct cost thereof, but in no case more than the amount set forth in the notice from the department. If not paid within sixty days after the department completes such course of action and notifies such forestland owner in writing of the amount due, such amount shall become a lien on such forestland and the department may collect such amount in the same manner provided in chapter 60.04 RCW for mechanics' liens.[ 1974 ex.s. c 137 § 12.]
WA Rev Code § 76.09.130 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.130 - Failure to obey stop work order—Departmental action authorized—Liability of owner or operator for costs.

RCW 76.09.130 Failure to obey stop work order—Departmental action authorized—Liability of owner or operator for costs.When the operator has failed to obey a stop work order issued under the provisions of RCW 76.09.080 the department may take immediate action to prevent continuation of or avoid material damage to public resources. If a final order or decision fixes liability with the operator, timber owner, or forestland owner, they shall be jointly and severally liable for such emergency costs which may be collected in the manner provided for in RCW 76.09.120.[ 1974 ex.s. c 137 § 13.]
WA Rev Code § 76.09.150 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.150 - Inspection—Right of entry.

RCW 76.09.150 Inspection—Right of entry.(1) The department shall make inspections of forestlands, before, during, and after the conducting of forest practices as necessary for the purpose of ensuring compliance with this chapter, the forest practices rules, including forest practices rules incorporated under RCW 76.09.040(3), and to ensure that no material damage occurs to the natural resources of this state as a result of forest practices.(2) Any duly authorized representative of the department shall have the right to enter upon forestland at any reasonable time to enforce the provisions of this chapter and the forest practices rules.(3) The department or the department of ecology may apply for an administrative inspection warrant to either Thurston county superior court, or the superior court in the county in which the property is located. An administrative inspection warrant may be issued where:(a) The department has attempted an inspection of forestlands under this chapter to ensure compliance with this chapter and the forest practices rules or to ensure that no potential or actual material damage occurs to the natural resources of this state, and access to all or part of the forestlands has been actually or constructively denied; or(b) The department has reasonable cause to believe that a violation of this chapter or of rules adopted under this chapter is occurring or has occurred.(4) In connection with any watershed analysis, any review of a pending application by an identification team appointed by the department, any compliance studies, any effectiveness monitoring, or other research that has been agreed to by a landowner, the department may invite representatives of other agencies, tribes, and interest groups to accompany a department representative and, at the landowner's election, the landowner, on any such inspections. Reasonable efforts shall be made by the department to notify the landowner of the persons being invited onto the property and the purposes for which they are being invited.[ 2012 1st sp.s. c 1 § 207; 2000 c 11 § 7; 1999 sp.s. c 4 § 802; 1974 ex.s. c 137 § 15.]NOTES:Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.
WA Rev Code § 76.09.160 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.160 - Right of entry by department of ecology.

RCW 76.09.160 Right of entry by department of ecology.Any duly authorized representative of the department of ecology shall have the right to enter upon forestland at any reasonable time to administer the provisions of this chapter and RCW 90.48.420.[ 1974 ex.s. c 137 § 16.]
WA Rev Code § 76.09.180 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.180 - Disposition of moneys received as penalties, reimbursement for damages.

RCW 76.09.180 Disposition of moneys received as penalties, reimbursement for damages.All penalties received or recovered by state agency action for violations as prescribed in RCW 76.09.170 shall be deposited in the state general fund. All such penalties recovered as a result of local government action shall be deposited in the local government general fund. Any funds recovered as reimbursement for damages pursuant to RCW 76.09.080 and 76.09.090 shall be transferred to that agency with jurisdiction over the public resource damaged, including but not limited to political subdivisions, the department of fish and wildlife, the department of ecology, the department of natural resources, or any other department that may be so designated: PROVIDED, That nothing herein shall be construed to affect the provisions of RCW 90.48.142.[ 1994 c 264 § 50; 1988 c 36 § 48; 1974 ex.s. c 137 § 18.]
WA Rev Code § 76.09.190 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.190 - Additional penalty, gross misdemeanor.

RCW 76.09.190 Additional penalty, gross misdemeanor.In addition to the penalties imposed pursuant to RCW 76.09.170, any person who conducts any forest practice or knowingly aids or abets another in conducting any forest practice in violation of any provisions of RCW 76.09.010 through 76.09.280 or 90.48.420, or of the regulations implementing RCW 76.09.010 through 76.09.280 or 90.48.420, shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment for up to three hundred sixty-four days or by both fine and imprisonment for each separate violation. Each day upon which such violation occurs shall constitute a separate violation.[ 2011 c 96 § 55; 1974 ex.s. c 137 § 19.]NOTES:Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
WA Rev Code § 76.09.205 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.205 - Appeals board review.

RCW 76.09.205 Appeals board review.A person aggrieved by the approval or disapproval of an application to conduct a forest practice or the approval or disapproval of any landscape plan or permit or watershed analysis may seek review from the appeals board by filing a request for the same within thirty days from the date of receipt of the decision. Concurrently with the filing of any request for review with the appeals board as provided in this section, the requestor must file a copy of his or her request with the department and the attorney general. The attorney general may intervene to protect the public interest and ensure that the provisions of this chapter are complied with.[ 2010 c 210 § 24.]NOTES:Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
WA Rev Code § 76.09.250 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.250 - Policy for continuing program of orientation and training.

RCW 76.09.250 Policy for continuing program of orientation and training.The board shall establish a policy for a continuing program of orientation and training to be conducted by the department with relation to forest practices and the regulation thereof pursuant to RCW 76.09.010 through 76.09.280.[ 1974 ex.s. c 137 § 25.]
WA Rev Code § 76.09.260 (2021)
2021 Revised Code of Washington|Title 76 - Forests and Forest Products|Chapter 76.09 - Forest Practices.|76.09.260 - Department to represent state's interest—Cooperation with other public agencies—Grants and gifts.

RCW 76.09.260 Department to represent state's interest—Cooperation with other public agencies—Grants and gifts.The department shall represent the state's interest in matters pertaining to forestry and forest practices, including federal matters, and may consult with and cooperate with the federal government and other states, as well as other public agencies, in the study and enhancement of forestry and forest practices. The department is authorized to accept, receive, disburse, and administer grants or other funds or gifts from any source, including private individuals or agencies, the federal government, and other public agencies for the purposes of carrying out the provisions of this chapter.Nothing in this chapter shall modify the designation of the department of ecology as the agency representing the state for all purposes of the Federal Water Pollution Control Act.[ 1974 ex.s. c 137 § 26.]