reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.205 - Burning permits—Civil penalty.

RCW 76.04.205
Burning permits—Civil penalty.
(1) Except in certain areas designated by the department or as permitted under rules adopted by the department, a person shall have a valid written burning permit obtained from the department to burn:
(a) Any flammable material on any lands under the protection of the department; or
(b) Refuse or waste forest material on forestlands protected by the department.
(2) To be valid a permit must be signed by both the department and the permittee. Conditions may be imposed in the permit for the protection of life, property, or air quality and the department may suspend or revoke the permits when conditions warrant. A permit shall be effective only under the conditions and for the period stated therein. Signing of the permit shall indicate the permittee's agreement to and acceptance of the conditions of the permit.
(3) The department may inspect or cause to be inspected the area involved and may issue a burning permit if:
(a) All requirements relating to firefighting equipment, the work to be done, and precautions to be taken before commencing the burning have been met;
(b) No unreasonable danger will result; and
(c) Burning will be done in compliance with air quality standards established by chapter 70A.15 RCW.
(4) The department, authorized employees thereof, or any warden or ranger may refuse, revoke, or postpone the use of permits to burn when necessary for the safety of adjacent property or when necessary in their judgment to prevent air pollution as provided in chapter 70A.15 RCW.
(5) Any person who violates this section, any permit issued under this section, any rules that implement this section, or the silvicultural burning provisions set forth in chapter 70A.15 RCW, may incur a civil penalty pursuant to RCW 70A.15.3160. The department shall adopt a rule that establishes: (a) A framework for resolving conflicts that may arise related to this section, including the issuance of civil penalties pursuant to RCW 70A.15.3160 for violations of this section; and (b) the method by which penalties issued pursuant to RCW 70A.15.3160 for violations of this section will be calculated. The department shall conduct a public process to solicit input on the development of the rule.
[ 2021 c 132 § 2; 2021 c 65 § 79; 1986 c 100 § 17.]
NOTES:
Reviser's note: This section was amended by 2021 c 65 § 79 and by 2021 c 132 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.215 - Burning mill wood waste—Arresters.

RCW 76.04.215
Burning mill wood waste—Arresters.
(1) It is unlawful for anyone manufacturing lumber or shingles, or other forest products, to destroy wood waste material by burning within one-fourth of one mile of any forest material without properly confining the place of the burning and without further safeguarding the surrounding property against danger from the burning by such additional devices as the department may require.
(2) It is unlawful for anyone to destroy any wood waste material by fire within any burner or destructor operated within one-fourth of one mile of any forest material, or to operate any power-producing plant using in connection therewith any smokestack, chimney, or other spark-emitting outlet, without installing and maintaining on such burner, or destructor, or on such smokestack, chimney, or other spark-emitting outlet, a safe and suitable device for arresting sparks.
[ 1986 c 100 § 18.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.235 - Dumping mill waste, forest debris—Penalty.

RCW 76.04.235
Dumping mill waste, forest debris—Penalty.
(1) No person may dump mill waste from forest products, or forest debris of any kind, in quantities that the department declares to constitute a forest fire hazard on or threatening forestlands located in this state without first obtaining a written permit issued by the department on such terms and conditions determined by the department pursuant to rules enacted to protect forestlands from fire. The permit is in addition to any other permit required by law.
(2) Any person who dumps such mill waste, or forest debris, without a permit, or in violation of a permit is guilty of a gross misdemeanor and subject to the penalties for a gross misdemeanor under RCW 9A.20.021 and may further be required to remove all materials dumped.
[ 1986 c 100 § 19.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.246 - Use of blasting fuse.

RCW 76.04.246
Use of blasting fuse.
It is unlawful to use fuse for blasting on any area of logging slash or area of actual logging operation without a permit during the closed season. Upon the issuance of a written permit by the department or warden or ranger, fuse may be used during the closed season under the conditions specified in the permit.
[ 1986 c 100 § 20.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.305 - Closed to entry—Designation.

RCW 76.04.305
Closed to entry—Designation.
(1) When, in the opinion of the department, any forestland is particularly exposed to fire danger, the department may designate such land as a region of extra fire hazard subject to closure, and the department shall adopt rules for the protection thereof.
(2) All such rules shall be published in such newspapers of general circulation in the counties wherein such region is situated and for such length of time as the department may determine.
(3) When in the opinion of the department it becomes necessary to close the region to entry, posters carrying the wording "Region of extra fire hazard-CLOSED TO ENTRY-except as provided by RCW 76.04.305" and indicating the beginning and ending dates of the closures shall be posted on the public highways entering the regions.
(4) The rules shall be in force from the time specified therein, but when in the opinion of the department such forest region continues to be exposed to fire danger, or ceases to be so exposed, the department may extend, suspend, or terminate the closure by proclamation.
(5) This section does not authorize the department to prohibit the conduct of industrial operations, public work, or access of permanent residents to their own property within the closed area, but no one legally entering the region of extra fire hazard may use the area for recreational purposes which are prohibited to the general public under the terms of this section.
[ 1986 c 100 § 21.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.315 - Suspension of burning permits/privileges.

RCW 76.04.315
Suspension of burning permits/privileges.
In times and localities of unusual fire danger, the department may issue an order suspending any or all burning permits or privileges authorized by RCW 76.04.205 and may prohibit absolutely the use of fire in such locations.
[ 1986 c 100 § 22.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.325 - Closure of forest operations or forestlands.

RCW 76.04.325
Closure of forest operations or forestlands.
(1) When in the opinion of the department weather conditions arise which present an extreme fire hazard, whereby life and property may be endangered, the department may issue an order shutting down all logging, land clearing, or other industrial operations which may cause a fire to start. The shutdown shall be for the periods and regions designated in the order. During shutdowns, all persons are excluded from logging operating areas and areas of logging slash, except those present in the interest of fire protection.
(2) When in the opinion of the department extreme fire weather exists, whereby forestlands may be endangered, the department may issue an order restricting access to and activities on forestlands. The order shall describe the regions and extent of restrictions necessary to protect forestlands. During the period in which the order is in effect, all persons may be excluded from the regions described, except those persons present in the interest of fire protection.
(3) Each day's violation of an order under this section shall constitute a separate offense.
[ 1986 c 100 § 23.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.405 - Steam, internal combustion, or electrical engines and other spark-emitting equipment regulated.

RCW 76.04.405
Steam, internal combustion, or electrical engines and other spark-emitting equipment regulated.
It is unlawful during the closed season for any person to operate any steam, internal combustion, or electric engine, or any other spark-emitting equipment or device, on any forestland or in any place where, in the opinion of the department, fire could spread to forestland, without first complying with the requirements as may be established by the department by rule pursuant to this chapter.
[ 1986 c 100 § 24.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.415 - Penalty for violations—Work stoppage notice.

RCW 76.04.415
Penalty for violations—Work stoppage notice.
(1) Every person upon receipt of written notice issued by the department that such person has or is violating any of the provisions of RCW 76.04.215, 76.04.305, 76.04.405, or 76.04.650 or any rule adopted by the department concerning fire prevention and fire suppression preparedness shall cease operations until compliance with the provisions of the sections or rules specified in such notice.
(2) The department may specify in the notice of violation the special conditions and precautions under which the operation would be allowed to continue until the end of that working day.
[ 1986 c 100 § 25.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.435 - Deposit of fire or live coals.

RCW 76.04.435
Deposit of fire or live coals.
No person operating a railroad may permit to be deposited by any employee, and no one may deposit fire or live coals, upon the right-of-way within one-fourth of one mile of any forest material, during the closed season, unless the fire or live coals are immediately extinguished.
[ 1986 c 100 § 27.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.445 - Reports of fire.

RCW 76.04.445
Reports of fire.
(1) Any person engaged in any activity on forestlands shall immediately report to the department, in person or by radio, telephone, or telegraph, any fires on forestlands.
(2) Railroad companies and other public carriers operating on or through forestlands shall immediately report to the department, in person or by radio, telephone, or telegraph, any fires on or adjacent to their right-of-way or route.
[ 1986 c 100 § 28.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.455 - Discarding lighted material or smoking flammable material—Discharge, release, or detonation of certain materials—Receptacles in conveyances—Posting a copy of this section.

RCW 76.04.455
Discarding lighted material or smoking flammable material—Discharge, release, or detonation of certain materials—Receptacles in conveyances—Posting a copy of this section.
(1)(a) Except as otherwise provided in this subsection, it is unlawful for any person to, during the closed season:
(i) Discard any lighted tobacco, cigars, cigarettes, matches, fireworks, charcoal, or other lighted material, discharge any incendiary ammunition, release a sky lantern, or detonate an exploding target on or over any forest, brush, range, or grain areas; or
(ii) Smoke any flammable material when in forest or brush areas except on roads, cleared landings, gravel pits, or any similar area free of flammable material.
(b) The prohibitions contained in this subsection do not apply to the detonation of nonflammable exploding targets on any forest, brush, range, or grain areas if the person detonating the nonflammable exploding target:
(i) Has lawful possession and control of the land in question; or
(ii) Has prior written permission for the activity from the person who owns or has lawful possession and control of the land in question.
(c) The prohibitions contained in this subsection do not apply to suppression actions authorized or conducted by the department under the authority of this chapter.
(2)(a) Except as otherwise provided in this subsection, it is unlawful for any person to, during any time outside of the closed season, discharge any incendiary ammunition, release a sky lantern, or detonate an exploding target on or over any forest, brush, range, or grain areas.
(b) The prohibitions contained in this subsection do not apply if the person conducting the otherwise prohibited action:
(i) Has lawful possession and control of the land in question; or
(ii) Has prior written permission for the activity from the person who owns or has lawful possession and control of the land in question.
(3) Every conveyance operated through or above forest, range, brush, or grain areas must be equipped in each compartment with a suitable receptacle for the disposition of lighted tobacco, cigars, cigarettes, matches, or other flammable material.
(4) Every person operating a public conveyance through or above forest, range, brush, or grain areas shall post a copy of this section in a conspicuous place within the smoking compartment of the conveyance; and every person operating a saw mill or a logging camp in any such areas shall post a copy of this section in a conspicuous place upon the ground or buildings of the milling or logging operation.
[ 2014 c 90 § 2; 1986 c 100 § 29.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.465 - Certain snags to be felled currently with logging.

RCW 76.04.465
Certain snags to be felled currently with logging.
Standing dead trees constitute a substantial deterrent to effective fire control action in forest areas, but are also an important and essential habitat for many species of wildlife. To insure continued existence of these wildlife species and continued forest growth while minimizing the risk of destruction by conflagration, only certain snags must be felled currently with the logging. The department shall adopt rules relating to effective fire control action to require that only certain snags be felled, taking into consideration the need to protect the wildlife habitat.
[ 1986 c 100 § 30.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.475 - Reimbursement for costs of suppression action.

RCW 76.04.475
Reimbursement for costs of suppression action.
Any person, firm, or corporation, public or private, obligated to take suppression action on any forest fire is entitled to reimbursement for reasonable costs incurred, subject to the following:
(1) No reimbursement is allowed under this section to a person, firm, or corporation whose negligence is responsible for the starting or existence of any fire for which costs may be recoverable pursuant to law. Reimbursement for fires resulting from slash burns are subject to RCW 76.04.486.
(2) If the fire is started in the course of or as a result of land clearing operations, right-of-way clearing, or a landowner operation, the person, firm, or corporation conducting the operation shall supply:
(a) At no cost to the department, all equipment and able-bodied persons under contract, control, employment, or ownership that are requested by the department and are reasonably available until midnight of the day on which the fire started; and
(b) After midnight of the day on which the fire started, at no cost to the department, all equipment and able-bodied persons under contract, control, employment, or ownership that were within a one-half mile radius of the fire at the time of discovery, until the fire is declared out by the department. In no case may the person, firm, or corporation provide less than one suitable bulldozer and five able-bodied persons, or other equipment accepted by the department as equivalent, unless the department determines less is needed for the purpose of suppressing the fire; and
(c) If the person, firm, or corporation has no personnel or equipment within one-half mile of the fire, payment shall be made to the department for the minimum requirement of one suitable bulldozer and five able-bodied persons, for the duration of the fire; and
(d) If, after midnight of the day on which the fire started, additional personnel and equipment are requested by the department, the person, firm, or corporation shall supply the personnel and equipment under contract, control, employment, or ownership outside the one-half mile radius, if reasonably available, but shall be reimbursed for such personnel and equipment as provided in subsection (4) of this section.
(3) When a fire which occurred in the course of or as a result of land clearing operations, right-of-way clearing, or a landowner operation, which had previously been suppressed, rekindles, the person, firm, or corporation shall supply the same personnel and equipment, under the same conditions, as were required at the time of the original fire.
(4) Claims for reimbursement shall be submitted within a reasonable time to the department which shall upon verifying the amounts therein and the necessity thereof authorize payment at such rates as established by the department for wages and equipment rental.
[ 1986 c 100 § 31.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.486 - Escaped slash burns—Obligations.

RCW 76.04.486
Escaped slash burns—Obligations.
(1) All personnel and equipment required by the burning permit issued for a slash burn may be required by the department, at the permittee's expense, for suppression of a fire resulting from the slash burn until the fire is declared out by the department. In no case may the permittee provide less than one suitable bulldozer and five persons capable of taking suppression action. In addition, if a slash burn becomes an uncontrolled fire the department may recover from the landowner the actual costs incurred in suppressing the fire. The amount collected from the landowner shall be limited to and calculated at the rate of one dollar per acre for the landowner's total forestlands protected by the department, up to a maximum charge of fifty thousand dollars per escaped slash burn.
(2) The landowner contingency forest fire suppression account shall be used to pay and the permittee shall not be responsible for fire suppression expenditures greater than fifty thousand dollars or the total amount calculated for forestlands owned as determined in subsection (1) of this section for each escaped slash burn.
(3) All expenses incurred in suppressing a fire resulting from a slash burn in which negligence was involved shall be the obligation of the landowner.
[ 1986 c 100 § 32.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.495 - Negligent starting of fires or allowance of extreme fire hazard or debris—Liability—Recovery of reasonable expenses—Lien.

RCW 76.04.495
Negligent starting of fires or allowance of extreme fire hazard or debris—Liability—Recovery of reasonable expenses—Lien.
(1) Any person, firm, or corporation: (a) Whose negligence is responsible for the starting or existence of a fire which spreads on forestland; or (b) who creates or allows an extreme fire hazard under RCW 76.04.660 to exist and which hazard contributes to the spread of a fire; or (c) who allows forest debris subject to RCW 76.04.650 to exist and which debris contributes to the spread of fire, shall be liable for any reasonable expenses made necessary by (a), (b), or (c) of this subsection. The state, a municipality, a forest protective association, or any fire protection agency of the United States may recover such reasonable expenses in fighting the fire, together with costs of investigation and litigation including reasonable attorneys' fees and taxable court costs, if the expense was authorized or subsequently approved by the department. The authority granted under this subsection allowing the recovery of reasonable expenses incurred by fire protection agencies of the United States shall apply only to such expenses incurred after June 30, 1993.
(2) The department or agency incurring such expense shall have a lien for the same against any property of the person, firm, or corporation liable under subsection (1) of this section by filing a claim of lien naming the person, firm, or corporation, describing the property against which the lien is claimed, specifying the amount expended on the lands on which the firefighting took place and the period during which the expenses were incurred, and signing the claim with post office address. No claim of lien is valid unless filed, with the county auditor of the county in which the property sought to be charged is located, within a period of ninety days after the expenses of the claimant are incurred. The lien may be foreclosed in the same manner as a mechanic's lien is foreclosed under the statutes of the state of Washington.
[ 1993 c 196 § 2; 1986 c 100 § 33.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.525 - Wildland fire aviation support plan.

RCW 76.04.525
Wildland fire aviation support plan.
The department must develop and implement a wildland fire aviation support plan, as recommended by the wildland fire protection 10-year strategic plan, in order to expand and improve the effectiveness and cost-efficiency of the department's wildland fire aviation program. The wildland fire aviation support plan must include:
(1) Recommendations for the addition of air assets in order for the department to increase its initial attack capability and maintain and improve on the department's ability to manage fires to meet 10-year wildland fire protection and 20-year forest health strategic plan goals;
(2) Development of a next-generation rotor wing platform strategy to ensure the availability and use of the latest firefighting aviation technology and provide a path for either the upgrade or replacement, or both, of the department's legacy aircraft;
(3) Evaluation of opportunities to increase the use of contract air assets;
(4) Evaluation of costs and benefits to increase dedicated air resources during peak fire season when there may be limited available supply due to wildfire activity in other states; and
(5) Strategies to upgrade retardant loading and processing infrastructure to improve tanker turnaround time, including support for development of infrastructure to accommodate very large air tankers, at a port with an international airport within a county east of the crest of the Cascade mountains that does not share a border with another state.
[ 2021 c 298 § 8.]
NOTES:
Short title—2021 c 298: See note following RCW 76.04.505.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.600 - Owners to protect forests.

RCW 76.04.600
Owners to protect forests.
Every owner of forestland in the state of Washington shall furnish or provide, during the season of the year when there is danger of forest fires, adequate protection against the spread of fire thereon or therefrom which shall meet with the approval of the department.
[ 1986 c 100 § 34.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.620 - State funds—Loans—Recovery of funds from the landowner contingency forest fire suppression account.

RCW 76.04.620
State funds—Loans—Recovery of funds from the landowner contingency forest fire suppression account.
Biennial general fund appropriations to the department of natural resources normally provide funds for the purpose of paying the emergency fire costs and expenses incurred and/or approved by the department in forest fire suppression or in reacting to any potential forest fire situation. When a determination is made that the fire started in the course of or as a result of a landowner operation, moneys expended from such appropriations in the suppression of the fire shall be recovered from the landowner contingency forest fire suppression account. The department shall transmit to the state treasurer for deposit in the general fund any such moneys which are later recovered. Moneys recovered during the biennium in which they are expended may be spent for purposes set forth in this section during the same biennium, without reappropriation. Loans between the general fund and the landowner contingency forest fire suppression account are authorized for emergency fire suppression. The loans shall not exceed the amount appropriated for emergency forest fire suppression costs and shall bear interest at the then current rate of interest as determined by the state treasurer.
[ 1986 c 100 § 36.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.650 - Disposal of forest debris—Permission to allow trees to fall on another's land.

RCW 76.04.650
Disposal of forest debris—Permission to allow trees to fall on another's land.
Everyone clearing land or clearing right-of-way for railroad, public highway, private road, ditch, dike, pipe or wire line, or for any other transmission, or transportation utility right-of-way, shall pile and burn or dispose of by other satisfactory means, all forest debris cut thereon, as rapidly as the clearing or cutting progresses, or at such other times as the department may specify, and if during the closed season, in compliance with the law requiring burning permits.
No person clearing any land or right-of-way, or in cutting or logging timber for any purpose, may fell, or permit to be felled, any trees so that they may fall onto land owned by another without first obtaining permission from the owner in addition to complying with the terms of this section for the disposal of refuse. All the terms of this section and other forest laws of the state shall be observed in all clearings of right-of-way or other land on behalf of the state itself or any county thereof, either directly or by contract, and, unless unavoidable emergency prevents, provision shall be made by all officials directing the work for withholding a sufficient portion of the payment therefor until the disposal is completed, to insure the completion of the disposal in compliance with this section.
[ 1986 c 100 § 38.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.700 - Failure to extinguish campfire.

RCW 76.04.700
Failure to extinguish campfire.
It is unlawful for any person to start any fire upon any camping ground and upon leaving the camping ground fail to extinguish the fire.
[ 1986 c 100 § 40.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.710 - Wilful setting of fire.

RCW 76.04.710
Wilful setting of fire.
It is unlawful for any person to wilfully start a fire, whether on his or her land or the land of another, whereby forestlands or the property of another is endangered, under circumstances not amounting to arson in either the first or second degree or reckless burning in either the first or second degree.
[ 1986 c 100 § 41.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.720 - Removal of notices.

RCW 76.04.720
Removal of notices.
It is unlawful for any person to wilfully and without authorization deface or remove any warning notice posted under the requirements of this chapter.
[ 1986 c 100 § 42.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.730 - Negligent fire—Spread.

RCW 76.04.730
Negligent fire—Spread.
It is unlawful for any person to negligently allow fire originating on the person's own property to spread to the property of another.
[ 1986 c 100 § 43.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.740 - Reckless burning.

RCW 76.04.740
Reckless burning.
(1) It is unlawful to knowingly cause a fire or explosion and thereby place forestlands in danger of destruction or damage.
(2) This section does not apply to acts amounting to reckless burning in the first degree under RCW 9A.48.040.
(3) Terms used in this section shall have the meanings given to them in Title 9A RCW.
(4) A violation of this section shall be punished as a gross misdemeanor under RCW 9A.20.021.
[ 1986 c 100 § 44.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.750 - Uncontrolled fire a public nuisance—Suppression—Duties—Summary action—Recovery of costs.

RCW 76.04.750
Uncontrolled fire a public nuisance—Suppression—Duties—Summary action—Recovery of costs.
Any fire on or threatening any forestland burning uncontrolled and without proper action being taken to prevent its spread, notwithstanding the origin of the fire, is a public nuisance by reason of its menace to life and property. Any person engaged in any activity on such lands, having knowledge of the fire, notwithstanding the origin or subsequent spread thereof on his or her own or other forestlands, and the landowner, shall make every reasonable effort to suppress the fire. If the person has not suppressed the fire and the fire is on or threatening forestland within a forest protection zone, the department shall summarily suppress the fire. If the owner, lessee, other possessor of such land, or an agent or contractor of the owner, lessee, or possessor, having knowledge of the fire, has not made a reasonable effort to suppress the fire, the cost thereof may be recovered from the owner, lessee, or other possessor of the land and the cost of the work shall also constitute a lien upon the real property or chattels under the person's ownership. The lien may be filed by the department in the office of the county auditor and foreclosed in the same manner provided by law for the foreclosure of mechanics' liens. The prosecuting attorney shall bring the action to recover the cost or foreclose the lien, upon the request of the department. In the absence of negligence, no costs, other than those provided in RCW 76.04.475, shall be recovered from any landowner for lands subject to the forest protection assessment with respect to the land on which the fire burns.
When a fire occurs in a land clearing, right-of-way clearing, or landowner operation it shall be fought to the full limit of the available employees and equipment, and the firefighting shall be continued with the necessary crews and equipment in such numbers as are, in the opinion of the department, sufficient to suppress the fire. The fire shall not be left without a firefighting crew or fire patrol until authority has been granted in writing by the department.
[ 1988 c 273 § 4; 1986 c 100 § 45.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.04 - Forest Protection. › 76.04.900 - Captions—1986 c 100.

RCW 76.04.900
Captions—1986 c 100.
As used in this act subchapter and section captions constitute no part of the law.
[ 1986 c 100 § 60.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.06 - Forest Insect and Disease Control. › 76.06.010 - Forest insects and tree diseases are public nuisance.

RCW 76.06.010
Forest insects and tree diseases are public nuisance.
The legislature finds and declares that:
(1) Forest insects and forest tree diseases which threaten the permanent timber production of the forested areas of the state of Washington are a public nuisance.
(2) Exotic forest insects or diseases, even in small numbers, can constitute serious threats to native forests. Native tree species may lack natural immunity. There are often no natural control agents such as diseases, predators, or parasites to limit populations of exotic forest insects or diseases. Exotic forest insects or diseases can also outcompete, displace, or destroy habitat of native species. It is in the public interest to identify, control, and eradicate outbreaks of exotic forest insects or diseases that threaten the diversity, abundance, and survivability of native forest trees and the environment.
[ 2003 c 314 § 1; 1951 c 233 § 1.]
NOTES:
Findings—2003 c 314: See note following RCW 17.24.220.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.06 - Forest Insect and Disease Control. › 76.06.030 - Administration—Comprehensive forest health program—Limited liability.

RCW 76.06.030
Administration—Comprehensive forest health program—Limited liability.
(1) This chapter shall be administered by the department.
(2) The department has the lead role in developing a comprehensive forest health program to achieve the goals of chapter 480, Laws of 2007. Within available funding, the department shall:
(a) Develop, gather, and disseminate information on forest health conditions, monitor forest health conditions and changes over time, and coordinate and enter agreements with interested and affected parties;
(b) Coordinate with universities, university extension services, federal and state agencies, private, public, and tribal forestland owners, consulting foresters, and forest managers to monitor forest fuel buildup, forest insect and disease outbreaks, and wind and ice storm events; and
(c) Coordinate with universities, university extension services, and state and federal agencies to provide education and technical assistance to private, public, and tribal forestland owners on silvicultural and forest management science, techniques, and technology to maintain forests in conditions that are resilient and resistant to disturbance agents.
(3) The department may implement a technical committee to advise on subjects and procedures for monitoring forest health conditions and program activities.
(4) The department may coordinate, support, and assist in establishing cooperative forest health projects to address outbreaks of insects or diseases. Priority for assistance authorized under this section shall be given to areas under forest health hazard warnings and areas where forest health decline has resulted in increased risk to public safety from fire.
(5) The state and its officers and employees are not liable for damages to a person or their property to the extent that liability is asserted to arise from providing or failing to provide assistance under chapter 480, Laws of 2007.
[ 2007 c 480 § 3; 1988 c 128 § 16; 1951 c 233 § 3.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.06 - Forest Insect and Disease Control. › 76.06.040 - Maintenance of forestlands in healthy condition.

RCW 76.06.040
Maintenance of forestlands in healthy condition.
Landowners and managers are encouraged to maintain their forestlands in a healthy condition in order to meet their individual ownership objectives, protect public resources as defined in chapter 76.09 RCW, and avoid contributing to forest insect or disease outbreaks or increasing the risk of uncharacteristic fire.
[ 2007 c 480 § 4; 1951 c 233 § 4.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.06 - Forest Insect and Disease Control. › 76.06.130 - Exotic forest insect or disease control—Department's authority and duties—Declaration of forest health emergency.

RCW 76.06.130
Exotic forest insect or disease control—Department's authority and duties—Declaration of forest health emergency.
The department is authorized to contribute resources and expertise to assist the department of agriculture in control or eradication efforts authorized under chapter 17.24 RCW in order to protect forestlands of the state.
If either the department of agriculture has not taken action under chapter 17.24 RCW or the commissioner finds that additional efforts are required to control or prevent an outbreak of an exotic forest insect or disease which has not become so habituated that it can no longer be eradicated and that poses an imminent danger of damage to the forested environment by threatening the diversity, abundance, and survivability of native tree species, or both, the commissioner may declare a forest health emergency.
Upon declaration of a forest health emergency, the department must delineate the area at risk and determine the most appropriate integrated pest management methods to control the outbreak, in consultation with other interested agencies, affected tribes, and affected forestland owners. The department must notify affected forestland owners of its intent to conduct control operations.
Upon declaration of a forest health emergency by the commissioner, the department is authorized to enter into agreements with forestland owners, companies, individuals, tribal entities, and federal, state, and local agencies to accomplish control of exotic forest insects or diseases on any affected forestlands using such funds as have been, or may be, made available.
The department must proceed with the control of the exotic forest insects or diseases on affected nonfederal and nontribal forestlands with or without the cooperation of the owner. The department may reimburse cooperating forestland owners and agencies for actual cost of equipment, labor, and materials utilized in cooperative exotic forest insect or disease control projects, as agreed to by the department.
A forest health emergency no longer exists when the department finds that the exotic forest insect or disease has been controlled or eradicated, that the imminent threat no longer exists, or that there is no longer good likelihood of effective control.
Nothing under this chapter diminishes the authority and responsibility of the department of agriculture under chapter 17.24 RCW.
[ 2003 c 314 § 3.]
NOTES:
Findings—2003 c 314: See note following RCW 17.24.220.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.06 - Forest Insect and Disease Control. › 76.06.140 - Forest health problems—Findings.

RCW 76.06.140
Forest health problems—Findings.
The legislature finds as follows:
(1) Washington faces serious forest health problems, primarily in eastern Washington, where forests are overcrowded or trees lack sufficient resilience to insects, diseases, wind, ice storms, and fire. The causes of and contributions to these conditions include fire suppression, past timber harvesting and silvicultural practices, altered species composition and stand structure, and the amplified risks that occur when the urban interface penetrates forestland.
(2) There is a private and public interest in addressing uncharacteristic outbreaks of native, naturalized, and nonnative insects and diseases, and reducing the risk of significant loss due to ice storms, windstorms, and uncharacteristic fire. The public interest is in protecting forest productivity on forests managed for commodity production; restoring and maintaining forest ecosystem vitality and natural forest processes and functions; reducing the cost of fire suppression and the resulting public expenditures; protecting, restoring, and enhancing fish and wildlife habitat, including the habitat of threatened or endangered species; and protecting drinking water supplies and water quality.
(3) Well managed forests are the first line of defense in reducing the likelihood of uncharacteristic fire, insect, and disease events, and supporting conservation and restoration of desired plants and animals. Active management of forests, consistent with landowner objectives and the protection of public resources, is the most economical and effective way to promote forest health and protect communities. Fire, native insects, and diseases perform important ecological functions when their occurrence does not present a material threat to long-term forest productivity and increase the likelihood of uncharacteristic fire.
(4) Forest health problems may exist on forestland regardless of ownership, and the state should pursue collaboration with the federal government to address common health deficiencies.
[ 2007 c 480 § 1; 2004 c 218 § 1.]
NOTES:
Effective date—2004 c 218: "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 takes effect immediately [March 29, 2004]." [ 2004 c 218 § 11.]
2023 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.]
2023 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.]
2023 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.]
2023 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.