reglab/statecodes huggingface dataset:
2023 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.
2023 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.]
2023 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.
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.
2023 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.]
2023 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.]
2023 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.
2023 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.
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.
2023 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.]
2023 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.]
2023 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.
2023 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.]
2023 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.]
2023 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.]
2023 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.
2023 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.
2023 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.
2023 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.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.09 - Forest Practices. › 76.09.440 - Small forestland owner—Fish passage barriers.

RCW 76.09.440
Small forestland owner—Fish passage barriers.
The department shall not disapprove a forest practices application filed by a small forestland owner on the basis that fish passage barriers have not been removed or replaced if the small forestland owner filing the application has committed to participate in the program established in RCW 76.13.150 for all fish passage barriers existing on the block of forestland covered by the forest practices application, and the fish passage barriers existing on the block of forestland covered by the forest practices application are lower on the funding order list established for the program than the current projects that are capable of being funded by the program.
[ 2003 c 311 § 9.]
NOTES:
Findings—Effective date—2003 c 311: See notes following RCW 76.09.020.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.09 - Forest Practices. › 76.09.450 - Small forestland owner—Defined.

RCW 76.09.450
Small forestland owner—Defined.
For the purposes of this chapter and RCW 76.13.150 and 77.12.755, "small forestland owner" means an owner of forestland who, at the time of submission of required documentation to the department, has harvested from his or her own lands in this state no more than an average timber volume of two million board feet per year during the three years prior to submitting documentation to the department and who certifies that he or she does not expect to harvest from his or her own lands in the state more than an average timber volume of two million board feet per year during the ten years following the submission of documentation to the department. However, any landowner who exceeded the two million board feet annual average timber harvest threshold from their land in the three years prior to submitting documentation to the department, or who expects to exceed the threshold during any of the following ten years, shall still be deemed a "small forestland owner" if he or she establishes to the department's reasonable satisfaction that the harvest limits were, or will be, exceeded in order to raise funds to pay estate taxes or for an equally compelling and unexpected obligation, such as for a court-ordered judgment or for extraordinary medical expenses.
[ 2003 c 311 § 11.]
NOTES:
Findings—Effective date—2003 c 311: See notes following RCW 76.09.020.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.09 - Forest Practices. › 76.09.460 - Notice of conversion to nonforestry use—Denial of permits or approvals by the county, city, town, or regional governmental entity—Enforcement.

RCW 76.09.460
Notice of conversion to nonforestry use—Denial of permits or approvals by the county, city, town, or regional governmental entity—Enforcement.
If a county, city, town, or regional governmental entity receives a notice of conversion to nonforestry use by the department under RCW 76.09.060, then the county, city, town, or regional governmental entity must deny all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of the land that is the subject of the notification. The prohibition created by this section must be enforced by the county, city, town, or regional governmental entity:
(1) For a period of six years from the approval date of the applicable forest practices application or notification or the date that the department was made aware of the harvest activities; or
(2) Until the following activities are completed for the land that is the subject of the notice of conversion to a nonforestry use:
(a) Full compliance with chapter 43.21C RCW, if applicable;
(b) The department has notified the county, city, town, or regional governmental entity that the landowner has resolved any outstanding final orders or decisions issued by the department; and
(c) A determination is made by the county, city, town, or regional governmental entity as to whether or not the condition of the land in question is in full compliance with local ordinances and regulations. If full compliance is not found, a mitigation plan to address violations of local ordinances or regulations must be required for the parcel in question by the county, city, town, or regional governmental entity. Required mitigation plans must be prepared by the landowner and approved by the county, city, town, or regional governmental entity. Once approved, the mitigation plan must be implemented by the landowner. Mitigation measures that may be required include, but are not limited to, revegetation requirements to plant and maintain trees of sufficient maturity and appropriate species composition to restore critical area and buffer function or to be in compliance with applicable local government regulations.
[ 2007 c 106 § 2.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.09 - Forest Practices. › 76.09.470 - Conversion of land to nonforestry use—Action required of landowner—Action required of county, city, town, or regional governmental entity.

RCW 76.09.470
Conversion of land to nonforestry use—Action required of landowner—Action required of county, city, town, or regional governmental entity.
(1) If a landowner who did not state an intent to convert his or her land to a nonforestry use decides to convert his or her land to a nonforestry use within six years of receiving an approved forest practices application or notification under this chapter, the landowner must:
(a) Stop all forest practices activities on the parcels subject to the proposed land use conversion to a nonforestry use;
(b) Contact the department of ecology and the applicable county, city, town, or regional governmental entity to begin the permitting process; and
(c) Notify the department, withdraw any applicable applications or notifications, and submit a new application for the conversion. The fee for a new application for conversion under this subsection (1)(c) is the difference between the applicable fee for the new application under RCW 76.09.065 and the fee previously paid for the original application or notification, which must be deposited in the forest practices application account created in RCW 76.09.065.
(2) Upon being contacted by a landowner under this section, the county, city, town, or regional governmental entity must:
(a) Notify the department and request from the department the status of any applicable forest practices applications, notifications, or final orders or decisions; and
(b) Complete the following activities:
(i) Require that the landowner be in full compliance with chapter 43.21C RCW, if applicable;
(ii) Receive notification from the department that the landowner has resolved any outstanding final orders or decisions issued by the department; and
(iii) Make a determination as to whether or not the condition of the land in question is in full compliance with local ordinances and regulations. If full compliance is not found, a mitigation plan to address violations of local ordinances or regulations must be required for the parcel in question by the county, city, town, or regional governmental entity. Required mitigation plans must be prepared by the landowner and approved by the county, city, town, or regional governmental entity. Once approved, the mitigation plan must be implemented by the landowner. Mitigation measures that may be required include, but are not limited to, revegetation requirements to plant and maintain trees of sufficient maturity and appropriate species composition to restore critical area and buffer function or to be in compliance with applicable local government regulations.
[ 2012 1st sp.s. c 1 § 210; 2007 c 106 § 3.]
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.