reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-480 - Compliance with HPA provisions

Current through Register Vol. 24-14, July 15, 2024
A project proponent must comply with all provisions of
				  chapter 77.55 RCW, this chapter, and the HPA. If a project proponent violates
				  chapter 77.55 RCW or this chapter or deviates from any provision of an HPA
				  issued by the department, the department may issue a correction request, a stop
				  work order, a notice to comply, or a notice of civil penalty. The term "project
				  proponent" has the same definition as in
				  RCW
				  77.55.410. This section does not apply to a
				  project, or to that portion of a project, that has received a forest practices
				  hydraulic project (FPHP) permit from the department of natural resources under
				  chapter 76.09 RCW.
The department is responsible to help the regulated community
				  understand how to comply. The department achieves voluntary compliance through
				  education and technical assistance when the department advises and consults on
				  permits, conducts compliance checks, performs on-site technical visits, or
				  provides guidance materials written in easily understood language.
When the department cannot get voluntary compliance by
				  issuing a correction request, the department may use a range of increasingly
				  strict enforcement tools. This ranges from issuing notices of correction and
				  stop work orders to penalties and, when appropriate, criminal
				  prosecution.
(1)
Technical
				assistance program:
Under chapter 43.05 RCW, the department will
				continue to develop programs to encourage voluntary compliance by providing
				technical assistance consistent with chapter 43.05 RCW. The programs include
				technical assistance visits, printed information, information and assistance by
				telephone, training meetings, and other appropriate methods for the delivery of
				technical assistance. In addition, the department must provide, upon request, a
				list of organizations that provide technical assistance. This list is compiled
				by the department from information submitted by the organizations and does not
				constitute an endorsement by the department of any organization.
(a) Technical assistance is defined in
				chapter 43.05 RCW as including:
(i)
				Information on the laws, rules, and compliance methods and technologies
				applicable to the department's programs;
(ii) Information on methods to avoid
				compliance problems;
(iii)
				Assistance in applying for permits; and
(iv) Information on the mission, goals, and
				objectives of the program.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-490 - Habitat recovery projects

Current through Register Vol. 24-14, July 15, 2024
Projects must satisfy the requirements outlined in RCW
				  77.55.480, to be processed as a streamlined habitat recovery project.
				  Requirements outlined in that statute are incorporated herein by reference as
				  if fully set forth herein. Copies of this statute, available to the public on
				  request, are also available online at
https://app.leg.wa.gov/RCW/default.aspx?
				  cite=77.55.480
.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to describe the forest practices
				board, its organization and administrative procedures, and to provide rules
				implementing RCW     34.05.220 and chapters 42.52 and 42.56 RCW. The purpose of
				this chapter is also to set out department of natural resources procedures for
				administration of the forest practices regulatory program.
Statutory Authority:
				  RCW
				     76.09.040. 08-24-011, § 222-08-010,
				  filed 11/21/08, effective 12/22/08. Statutory Authority:
				  RCW
				     34.05.220, 42.17.250, 42.17.260, and
				  76.09.040. 04-05-122, §
				  222-08-010, filed 2/18/04, effective 3/20/04; Order 263, § 222-08-010,
				  filed 6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-025 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Board" means
			 forest practices board.
(2) "Board
			 staff" means employees of the forest practices division of the department who
			 work in support of the board.
(3)
			 "Department" means department of natural resources.
(4) "Office" means the administrative office
			 of the board in the forest practices division of the department.
(5) "Public record" as defined in
			 RCW
			    42.56.010(3), means any
			 writing containing information relating to the conduct of government or the
			 performance of any governmental or proprietary function prepared, owned, used,
			 or retained by any state or local agency regardless of physical form or
			 characteristics.
(6) "Writing" as
			 defined in
			 RCW
			    42.56.010(4), means
			 handwriting, typewriting, printing, photographing, including, but not limited
			 to, letters, words, pictures, sounds, and all papers, maps, magnetic or paper
			 tapes, photographic films and prints, video recordings, diskettes, sound
			 recordings, and other documents including existing data compilations from which
			 information may be obtained or translated.
Statutory Authority:
				  RCW
				     76.09.040. 08-24-011, amended and recodified
				  as § 222-08-025, filed 11/21/08, effective 12/22/08. Statutory Authority:
				  RCW
				     34.05.220, 42.17.250, 42.17.260, and
				  76.09.040. 04-05-122, amended and
				  recodified as § 222-08-140, filed 2/18/04, effective 3/20/04. Statutory
				  Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				     76.09.040, [76.09.]050,[76.09.]370, 76.13.120(9). 01-12-042, § 222-08-020, filed 5/30/01, effective 7/1/01;
				  Order 263, § 222-08-020, filed
				  6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-032 - Function, organization, and office

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The forest practices board was created by chapter 76.09 RCW to adopt forest
			 practices rules as described in WAC 222-12-010.
(2) The board's membership as described in
			 RCW     76.09.030(5), consists of thirteen members to include:
(a) The commissioner of public lands or the
			 commissioner's designee;
(b) The
			 director of the department of commerce or the director's designee;
(c) The director of the department of
			 agriculture or the director's designee;
(d) The director of the department of ecology
			 or the director's designee;
(e) The
			 director of the department of fish and wildlife or the director's
			 designee;
(f) An elected member of
			 a county legislative authority appointed by the governor so long as that member
			 serves as an elected official;
(g)
			 A member representing a timber products union, appointed by the governor from a
			 list of three names submitted by a timber labor coalition affiliated with a
			 statewide labor organization that represents a majority of the timber product
			 unions in the state; and
(h) Six
			 members of the general public appointed by the governor, one of whom shall be a
			 small forest landowner who actively manages his or her land, and one of whom
			 shall be an independent logging contractor.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-050 - Public records-Availability

Current through Register Vol. 24-14, July 15, 2024
The board's public records are available for inspection and
				copying except as otherwise exempted under
				RCW
				   42.56.210 through
				42.56.470,
				any other law, and this chapter.
Statutory Authority:
				  RCW
				     76.09.040. 08-24-011, § 222-08-050,
				  filed 11/21/08, effective 12/22/08. Statutory Authority:
				  RCW
				     34.05.220, 42.17.250, 42.17.260, and
				  76.09.040. 04-05-122, §
				  222-08-050, filed 2/18/04, effective
				  3/20/04.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-060 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The public records officer or designee for the board shall be
				the board's rules coordinator. The public records officer shall be responsible
				for responses to requests for public records. All requests for public records
				shall be directed to: Public Records Officer, Forest Practices Board, c/o
				Department of Natural Resources, Forest Practices Division, P.O. Box 47012,
				Olympia, WA 98504-7012.
Statutory Authority:
				  RCW
				  34.05.220, 42.17.250, 42.17.260, and
				  76.09.040. 04-05-122, §
				  222-08-060, filed 2/18/04, effective
				  3/20/04.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-070 - Public records index

Current through Register Vol. 24-14, July 15, 2024
The board's rules coordinator maintains the board files,
				including in part, meeting minutes, correspondence, rule-making documents,
				contracts, and other board business. A filing system is utilized at the board's
				office that consists of rule-making dockets, board meeting files, contracts,
				and petitions for rule making. These files are indexed by subject and date.
				Correspondence files are indexed by date. All files are available for
				inspection by contacting the board's rules coordinator in the administrative
				office of the board.
Statutory Authority:
				  RCW
				  34.05.220, 42.17.250, 42.17.260, and
				  76.09.040. 04-05-122, §
				  222-08-070, filed 2/18/04, effective
				  3/20/04.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-080 - Protection of public records

Current through Register Vol. 24-14, July 15, 2024
(1) No
			 person shall knowingly alter, deface, or destroy public records of the board,
			 except as allowed by law.
(2)
			 Original public records or portions thereof shall not be removed from the
			 premises by the public, except board members may retain their individual
			 notes.
(3) Records furnished for
			 inspection shall be returned in their original condition and in the same
			 sequence or organization as when furnished.
Statutory Authority:
				  RCW
				  34.05.220, 42.17.250, 42.17.260, and
				  76.09.040. 04-05-122, §
				  222-08-080, filed 2/18/04, effective
				  3/20/04.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-090 - Disclosure of public records

Current through Register Vol. 24-14, July 15, 2024
Public records may be inspected or copies of such records
				obtained, upon compliance with the following procedure:
(1) A request shall be made in writing, by
			 fax or electronic mail, to the public records officer or designee. The request
			 shall include the following information:
(a)
			 The name of the person requesting the record;
(b) The calendar date of the request;
			 and
(c) A description of the
			 record(s) requested.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-100 - Petitions for adoption, repeal or amendment of a rule

Current through Register Vol. 24-14, July 15, 2024
(1) Any person may submit a petition to the
			 board requesting the adoption, amendment, or repeal of any rule pursuant to
			 RCW
			    34.05.330 and the process set forth in
			 chapter 82-05 WAC as further supplemented by these rules. The petition should
			 be clearly identified as such and contain sufficient information so the board
			 and public can understand the proposal.
(2) Any petition for rule making, amendment
			 or repeal shall be submitted no later than fourteen days before the next
			 regularly scheduled board meeting to be included on the agenda. Petitions shall
			 be sent to the rules coordinator for the board at the following address: Forest
			 Practices Board, c/o Department of Natural Resources, Forest Practices
			 Division, P.O. Box 47012, Olympia, WA 98504-7012. If the petition is more than
			 twenty pages in length (including any supplementary materials), it shall be
			 accompanied by fifteen copies.
(3)
			 Submission of a petition is defined as receipt of a complete petition by the
			 board staff. Petitions requiring additional copies as described in subsection
			 (2) of this section will not be considered complete until copies have been
			 provided to staff.
(4) Within five
			 business days of submission, the board staff will send the petitioner
			 acknowledgment of receipt of the petition, including the name and telephone
			 number of a contact person. If the petition is incomplete, board staff will
			 notify the petitioner what additional information is required.
(5) Information required for proposed new
			 rule adoption:
(a) Text of the proposed rule
			 or description of its provisions and rationale for a new rule.
(b) Authority for the proposed
			 rule.
(c) Reason the rule is
			 needed, including what or who is benefited or otherwise affected by the
			 rule.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-120 - Inapplicability of model rules adopted by the chief administrative law judge

Current through Register Vol. 24-14, July 15, 2024
The board does not have adjudicative authority nor does the
				board enter declaratory orders. Therefore, the model rules adopted by the chief
				administrative law judge under
				RCW
				   34.05.250 and found in chapter 10-08 WAC do
				not apply to the board.
Statutory Authority:
				  RCW
				  34.05.220, 42.17.250, 42.17.260, and
				  76.09.040. 04-05-122, §
				  222-08-120, filed 2/18/04, effective
				  3/20/04.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-130 - Ethics standards

Current through Register Vol. 24-14, July 15, 2024
This rule implementing the Ethics in Public Service Act,
				chapter 42.52 RCW, applies to the board.
(1) The following definitions apply to this
			 section:
(a) "Beneficial interest" has the
			 meaning ascribed to it under the Washington case law.
(b) "Gift" means anything of economic value
			 for which no consideration is given.
(c) "Transaction involving the board" means a
			 proceeding, application, submission, request for a ruling or other
			 determination, contract, claim, case, or other similar matter that the board
			 member in question believes, or has reason to believe:
(i) Is, or will be, the subject of board
			 action; or
(ii) Is one to which the
			 board is or will be a party; or
(iii) Is one in which the board has a direct
			 and substantial proprietary interest.
(d) "Transaction involving the board" does
			 not include the following:
(i) Preparation,
			 consideration, or enactment of legislation, including appropriation of moneys
			 in a budget, or the performance of legislative duties by a board member;
			 or
(ii) A claim, case, lawsuit, or
			 similar matter if the board member did not participate in the underlying
			 transaction involving the board that is the basis for the claim, case, or
			 lawsuit.
Rule making is not a transaction involving the board.
(e) "Board action"
			 means any action on the part of the board, including, but not limited to:
(i) A decision, determination, finding,
			 ruling, order; or
(ii) A grant,
			 payment, award, license, contract, transaction, sanction, approval, or the
			 denial thereof, or failure to act with respect to a decision, determination,
			 finding, ruling, or order.
(f) "Recusal" involves the following actions:
(i) Recuse himself or herself from
			 discussions by the board regarding the related action(s);
(ii) Recuse himself or herself from any vote
			 by the board on the related action(s); and
(iii) Refrain from attempting to influence
			 any other member in any discussion or vote regarding the related
			 action(s).
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-141 - Orientation and training

Current through Register Vol. 24-14, July 15, 2024
The department shall be responsible for a continuing program of
				orientation and training, relating to forest practices and rules thereof,
				pursuant to
				RCW
				   76.09.250. Such program shall include:
(1) Investigation of current developments in
			 a practical applications of forest resources and related technology.
(2) Continuing training of department
			 personnel in the current status of forest resources technology and related
			 disciplines.
(3) Dissemination of
			 information on current forest practice technology to the public, in a manner
			 determined by the department to be effective.
Statutory Authority:
				  RCW
				  76.09.040. 08-24-011, § 222-08-141,
				  filed 11/21/08, effective 12/22/08.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-08 - Practices and procedures › Section 222-08-151 - Reporting procedures

Current through Register Vol. 24-14, July 15, 2024
The department shall:
(1) Survey and identify all silviculturally
			 related nonpoint sources of pollution and related control programs in the
			 state;
(2) Prepare an analysis of
			 the above activities and programs; and
(3) Report and recommend to the forest
			 practices board and to the governor additional rules, procedures and/or methods
			 necessary for the control of such sources to the extent feasible.
Statutory Authority:
				  RCW
				  76.09.040. 08-24-011, § 222-08-151,
				  filed 11/21/08, effective 12/22/08.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-010 - Policies and authorities

Current through Register Vol. 24-14, July 15, 2024
(1)
This chapter
is promulgated pursuant to the authority granted in
			 RCW
			    76.09.010,
			 43.21C.120 and chapter 197-11
			 WAC.
(2)
The forest practices
			 board,
according to
			 RCW
			    76.09.040, possesses the authority to
			 promulgate forest practices rules establishing minimum standards for forest
			 practices and setting forth necessary administrative provisions.
(3)
The forest practices board
adopts by reference the policies of SEPA as set forth in
			 RCW
			    43.21C.020.
(4)
A forest practices
application or notification
which requires a threshold
			 determination will be conditioned when necessary to mitigate specific adverse
			 impacts which are identified in the environmental documents prepared under
			 SEPA. An application or notification will be disapproved when the proposal
			 would result in significant adverse impacts identified in a final or
			 supplemental environmental impact statement prepared under SEPA, and reasonable
			 mitigation measures are insufficient to mitigate the identified impacts and
			 denial is consistent with all provisions of the acts cited in subsection (1) of
			 this section.
(5)
SEPA
			 policies
and procedures shall be implemented by the department of
			 natural resources.
Statutory Authority:
				  RCW
				  76.09.040. 08-24-011, § 222-10-010,
				  filed 11/21/08, effective 12/22/08. Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040, [76.09.]050,[76.09.]370, 76.13.120(9). 01-12-042, § 222-10-010, filed 5/30/01, effective 7/1/01.
				  Statutory Authority:
				  RCW
				     43.21C.120,
				  76.09.040 and
				  42.30.075. 84-18-021 (Order 429,
				  Resolution No. 8-8-84), § 222-10-010, filed 8/29/84, effective 10/1/84;
				  Order 258, § 222-10-010, filed
				  5/21/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-030 - *SEPA policies for potentially unstable slopes and landforms

Current through Register Vol. 24-14, July 15, 2024
In addition to SEPA policies established elsewhere in this
				chapter, the following policies apply to forest practices described in WAC
				222-16-050(1)(d) relating to construction or harvest on potentially unstable slopes or
				landforms.
(1) In order to determine
			 whether such forest practices are likely to have a probable significant adverse
			 impact, and therefore require an environmental impact statement, the applicant
			 must submit the following additional information, prepared by a qualified
			 expert as defined in subsection (5) of this section. The qualified expert must
			 describe the potentially unstable landforms in and around the application site
			 and analyze:
(a)The likelihood that the
			 proposed forest practices will cause movement on the potentially unstable
			 slopes or land-forms, or contribute to further movement of a potentially
			 unstable slope or landform;
(b)The
			 likelihood of delivery of sediment or debris to any public resources, or in a
			 manner that would threaten public safety; and
(c)Any possible mitigation for the identified
			 hazards and risks.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-035 - *Watershed analysis SEPA policies

Current through Register Vol. 24-14, July 15, 2024
When the department considers a watershed analysis for approval
				under WAC
				222-22-080 or
				222-22-090, the department will
				perform a review under SEPA as a nonproject proposal. When making the SEPA
				threshold determination, the department shall only make a determination of
				significance if, when compared to rules or prescriptions in place at the time
				of the analysis or the reanalysis, the prescriptions will cause a probable
				significant adverse impact on elements of the environment other than those
				addressed in the watershed analysis process.
Statutory Authority:
				  RCW
				  76.09.040. 11-12-009, § 222-10-035,
				  filed 5/20/11, effective 6/20/11. Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040, [76.09.]050,[76.09.]370, 76.13.120(9). 01-12-042, § 222-10-035, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-040 - Class IV-Special threatened and endangered species SEPA policies

Current through Register Vol. 24-14, July 15, 2024
In addition to the SEPA policies established elsewhere in this
				chapter, the following policies shall apply to Class IV-Special forest
				practices involving threatened or endangered species.
(1) The department shall consult with the
			 department of fish and wildlife, other agencies with expertise, affected
			 landowners, affected Indian tribes, and others with expertise when evaluating
			 the impacts of forest practices. If the department does not follow the
			 recommendations of the department of fish and wildlife, the department shall
			 set forth in writing a concise explanation of the reasons for its
			 action.
(2) In order to determine
			 whether forest practices are likely to have a probable significant adverse
			 impact, and therefore require an environmental impact statement, the department
			 shall evaluate whether the forest practices reasonably would be expected,
			 directly or indirectly, to reduce appreciably the likelihood of the survival or
			 recovery of a listed species in the wild by reducing the reproduction, numbers,
			 or distribution of that species.
(3) Specific mitigation measures or
			 conditions shall be designed to reduce any probable significant adverse impacts
			 identified in subsection (2) of this section.
(4) The department shall consider the
			 species-specific policies in WAC
			 222-10-041 and
			 222-10-042 when reviewing and
			 evaluating SEPA documents and the impacts of forest practices.
(5) The SEPA policies in this section and the
			 species specific SEPA policies for threatened and endangered species do not
			 apply to forest practices that are consistent with a wildlife conservation
			 agreement listed in WAC
			 222-16-080(6) for species covered by these agreements, that has received environmental review
			 with an opportunity for public comment under the National Environmental Policy
			 Act,  42 U.S.C. section 4321  et seq., or the State Environmental Policy Act,
			 chapter
			 43.21C RCW.
Statutory Authority:
				  RCW
				  76.09.040. 05-12-119, § 222-10-040,
				  filed 5/31/05, effective 7/1/05. Statutory Authority:
				  RCW
				     76.09.040,
				  43.21C.060, and
				  43.21C.120. 02-11-075, §
				  222-10-040, filed 5/13/02, effective 6/13/02. Statutory Authority:
				  RCW
				     76.09.040 and
				  chapter
				  34.05 RCW. 97-24-091,
				  § 222-10-040, filed 12/3/97, effective 1/3/98. Statutory Authority:
				  Chapters
				  76.09 and
				  34.05 RCW. 96-12-038 and 96-14-081,
				  § 222-10-040, filed 5/31/96 and 7/1/96, effective 7/1/96 and
				  8/1/96.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-041 - Northern spotted owls

Current through Register Vol. 24-14, July 15, 2024
The following policies shall apply to forest practices subject
				to SEPA if the forest practices may cause adverse impacts to northern spotted
				owls.
(1)
In SOSEAs or areas of
			 SOSEAs where the goal is demographic support,
suitable spotted owl
			 habitat should be maintained either to protect the viability of the owl(s)
			 associated with each northern spotted owl site center or to provide demographic
			 support for that particular SOSEA as described in the SOSEA goals.
(2)
In SOSEAs or areas of SOSEAs where
			 the goal is dispersal support,
either suitable spotted owl habitat
			 should be maintained to protect the viability of the owl(s) associated with
			 each northern spotted owl site center or dispersal habitat should be managed,
			 over time, to provide the dispersal support for that particular SOSEA as
			 described in the SOSEA goals. Dispersal support is provided by a landscape
			 which includes dispersal habitat at the stand level interspersed with areas of
			 higher quality habitat. Stands of dispersal habitat should be managed to reduce
			 gaps between stands and to maintain a sufficient level of dispersal habitat to
			 meet the SOSEA goals over time.
(3)
In SOSEAs or areas of SOSEAs where the goal is a combination of dispersal
			 support and demographic support,
either suitable spotted owl habitat
			 should be maintained to protect the viability of the owl(s) associated with
			 each northern spotted owl site center or a variety of habitat conditions should
			 be provided which in total are more than dispersal support and less than
			 demographic support. This can be accomplished by providing:
(a) Dispersal support as described in
			 subsection (2) of this section;
(b)
			 Areas of suitable spotted owl habitat that contain some opportunities for
			 nesting as well as roosting and foraging habitat; and
(c) Connectivity between areas of SOSEAs
			 designated for demographic support or adjacent federal lands which are
			 designated as late successional reserves, congressionally reserved areas, or
			 administratively withdrawn areas.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-042 - Marbled murrelets

Current through Register Vol. 24-14, July 15, 2024
The following policies shall apply to forest practices subject
				to SEPA where the forest practices may cause adverse impacts to marbled
				murrelets.
(1) Within an occupied
			 marbled murrelet site, forest practices that will adversely impact this habitat
			 will likely have a probable significant adverse impact on the environment
			 except where the department determines, in consultation with the department of
			 fish and wildlife, that the applicant's proposal will actually have no
			 significant adverse impact.
(2)
			 Within marbled murrelet detection areas:
Suitable marbled murrelet habitat with at least a 30 percent,
				probability of occupancy has a sufficiently high likelihood of marbled murrelet
				occupancy to warrant a survey. It is currently assumed that two platforms per
				acre meets the 30 percent probability of occupancy. Without survey information,
				forest practices that will adversely impact this habitat may have a probable
				significant adverse impact on the environment.
A landowner may request the department of fish and wildlife to
				survey. The department of fish and wildlife should survey to the maximum extent
				practicable based on an appropriation to survey marbled murrelet suitable
				habitat within detection areas where the landowner provides access for surveys
				to the department of fish and wildlife, and sufficient time is allowed to
				complete the protocol surveys. The department shall provide a notice to the
				landowner within 60 days from the date of application of the department of fish
				and wildlife's intent to survey. If the department of fish and wildlife cannot
				conduct marbled murrelet surveys the responsibility for surveys remains with
				the landowner.
(3) Outside a
			 marbled murrelet detection area:
(a) Suitable
			 marbled murrelet habitat with at least a 60 percent probability of occupancy is
			 assumed to have a high likelihood of marbled murrelet occupancy. It is
			 currently assumed that seven platforms per acre meets the 60 percent
			 probability of occupancy. Without survey information, forest practices that
			 will adversely impact this habitat may have a probable significant adverse
			 impact on the environment.
(b)
			 Within a marbled murrelet special landscape suitable marbled murrelet habitat
			 with at least a 50 percent probability of occupancy is assumed to have a high
			 likelihood of marbled murrelet occupancy. It is currently assumed that five
			 platforms per acre meets the 50 percent probability of occupancy. Without
			 survey information, forest practices that will adversely impact this habitat
			 may have a probable significant adverse impact on the environment.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-050 - Adoption by reference

Current through Register Vol. 24-14, July 15, 2024
Except to those rules that may not be applicable, the forest
				practices board hereby adopts by reference chapter 197-11 WAC, the "SEPA rules"
				adopted by the state of Washington department of ecology.
Statutory Authority:
				  RCW
				  43.21C.120,
				  76.09.040 and
				  42.30.075. 84-18-021 (Order 429,
				  Resolution No. 8-8-84), § 222-10-050, filed 8/29/84, effective 10/1/84;
				  Order 258, § 222-10-050, filed
				  5/21/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-070 - Additional definitions

Current through Register Vol. 24-14, July 15, 2024
In addition to those definitions contained within WAC
				197-11-700 through
				197-11-799, the following terms
				shall have the following meanings:
(1)
"Board"
means the forest practices board, as defined by
			 chapter
			 76.09 RCW.
(2)
"SEPA rules"
means chapter
			 197-11 WAC adopted by the state of Washington department of ecology.
Statutory Authority:
				  RCW
				  43.21C.120,
				  76.09.040 and
				  42.30.075. 84-18-021 (Order 429,
				  Resolution No. 8-8-84), § 222-10-070, filed 8/29/84, effective 10/1/84;
				  Order 258, § 222-10-070, filed
				  5/21/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-090 - Designation of responsible official

Current through Register Vol. 24-14, July 15, 2024
The board shall act as the responsible official for the purpose
				of complying with the SEPA rules, or the board may designate the chairperson of
				the forest practices board or his/her designee to serve as such responsible
				official.
Statutory Authority:
				  RCW
				  43.21C.120,
				  76.09.040 and
				  42.30.075. 84-18-021 (Order 429,
				  Resolution No. 8-8-84), § 222-10-090, filed 8/29/84, effective 10/1/84;
				  Order 258, § 222-10-090, filed
				  5/21/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-110 - Board's SEPA public information center

Current through Register Vol. 24-14, July 15, 2024
In accordance with
				chapter
				42.56 RCW, the location of
				the board's SEPA public records is the Natural Resources Building, Forest
				Practices Division, Olympia, Washington.
Statutory Authority:
				  RCW
				  76.09.040. 08-24-011, § 222-10-110,
				  filed 11/21/08, effective 12/22/08. Statutory Authority:
				  RCW
				     76.09.040 and
				  chapter
				  34.05 RCW. 93-12-001,
				  § 222-10-110, filed 5/19/93, effective 6/19/93. Statutory Authority:
				  RCW
				     43.21C.120,
				  76.09.040 and
				  42.30.075. 84-18-021 (Order 429,
				  Resolution No. 8-8-84), § 222-10-110, filed 8/29/84, effective 10/1/84;
				  Order 258, § 222-10-110, filed
				  5/21/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-120 - Exemption for emergency actions

Current through Register Vol. 24-14, July 15, 2024
The board may promulgate rules which must be promulgated
				immediately, or within a time too short to allow full compliance with this
				chapter of the SEPA rules where such action is required to avoid an imminent
				threat to public health or safety, to prevent imminent danger to public or
				private property or prevent imminent threat of serious environmental
				degradation without complying with the procedural requirements of this chapter
				of the SEPA rules.
Statutory Authority:
				  RCW
				  43.21C.120,
				  76.09.040 and
				  42.30.075. 84-18-021 (Order 429,
				  Resolution No. 8-8-84), § 222-10-120, filed 8/29/84, effective 10/1/84;
				  Order 258, § 222-10-120, filed
				  5/21/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-125 - Exemption from RCW 43.21C.030 (2)(c)

Current through Register Vol. 24-14, July 15, 2024
Decisions pertaining to the following are not subject to any
				procedural requirements implementing
				RCW
				   43.21C.030(2)(c): Approval
				of forest road maintenance and abandonment plans, approval of future timber
				harvest schedules involving east-side clear cuts, acquisitions of conservation
				easements pertaining to forest lands in the rivers and habitat open space
				program; and acquisitions of conservation easements pertaining to forest lands
				in riparian zones under the forest riparian easement program.
Statutory Authority:
				  RCW
				  76.09.040. 11-12-009, § 222-10-125,
				  filed 5/20/11, effective 6/20/11. Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040, [76.09.]050,[76.09.]370, 76.13.120(9). 01-12-042, § 222-10-125, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-10 - State Environmental Policy Act guidelines › Section 222-10-130 - Lead agency, agency with jurisdiction, consulted agency

Current through Register Vol. 24-14, July 15, 2024
The board shall be considered the lead agency, consulted agency
				or an agency with jurisdiction only when the action considered is the action of
				promulgating rules under
				chapter
				76.09
				RCW.
Order 258, § 222-10-130, filed
				  5/21/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
These forest practices rules are adopted pursuant to
				chapter
				76.09 RCW, and
				RCW
				   76.13.100 through
				76.13.130. Where necessary to
				accomplish the purposes and policies stated in the act, the board is authorized
				to promulgate forest practices rules pursuant to
				chapter
				34.05 RCW and in
				accordance with the procedures enumerated in the act.
These rules establish minimum standards for forest practices,
				provide procedures for the voluntary development of resource management plans,
				set forth necessary administrative provisions, establish procedures for the
				collection and administration of forest practices fees, allow for the
				development of watershed analyses, foster cooperative relationships and
				agreements with affected tribes, and establish the rivers and habitat open
				space program. The board also establishes which forest practices will be
				included within each class and is authorized to adopt rules under
				RCW
				   76.09.055,
				76.09.370, and
				76.13.120(10).
Promulgation of all forest practices rules shall be
				accomplished so that compliance with such forest practices rules will achieve
				compliance with the water quality laws.
Those rules marked with an asterisk (*) pertain to water
				quality protection; pursuant to
				RCW
				   76.09.040 they can be amended only by
				agreement between the board and the department of ecology.
Forest practices rules shall be administered and enforced by
				the department except as otherwise provided in the act. Such rules shall be
				administered so as to give consideration to all purposes and policies set forth
				in RCW
				   76.09.010.
Statutory Authority:
				RCW
				76.09.040(3). WSR 13-21-032,
				§ 222-12-010, filed 10/8/13, effective 12/30/13. Statutory Authority:
				RCW
				76.09.040. WSR 11-12-009, § 222-12-010,
				filed 5/20/11, effective 6/20/11; WSR 08-24-011, § 222-12-010, filed
				11/21/08, effective 12/22/08; WSR 05-12-119, § 222-12-010, filed 5/31/05,
				effective 7/1/05. Statutory Authority:
				Chapter
				34.05 RCW,
				RCW
				76.09.040, [76.09.]050, [76.09.]370,
				76.13.120(9). WSR 01-12-042, § 222-12-010, filed 5/30/01, effective
				7/1/01; Order 263, § 222-12-010, filed 6/16/76. WSR 13-21-003, §
				222-12-010, filed 10/3/2013, effective
				11/3/2013
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-020 - Rule sections

Current through Register Vol. 24-14, July 15, 2024
These rules are organized as follows:
Chapter 222-08 WAC
Practices and procedures.
Chapter 222-10 WAC
State Environmental Policy Act guidelines.
Chapter 222-12 WAC
Policy and organization.
Chapter 222-16 WAC
Definitions.
Chapter 222-20 WAC
Application and notification procedures.
Chapter 222-21 WAC
Small forest landowner forestry riparian easement
							 program.
Chapter 222-22 WAC
Watershed analysis.
Chapter 222-23 WAC
Riparian open space program.
Chapter 222-24 WAC
Road construction and maintenance.
Chapter 222-30 WAC
Timber harvesting.
Chapter 222-34 WAC
Reforestation.
Chapter 222-38 WAC
Forest chemicals.
Chapter 222-42 WAC
Supplemental directives.
Chapter 222-46 WAC
Consultation and enforcement.
Chapter 222-50 WAC
Relationship to other laws and rules.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-12-020, filed 5/30/01, effective 7/1/01.
				  Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.170 and
				  chapter
				  34.05 RCW. 94-01-134,
				  § 222-12-020, filed 12/20/93, effective 1/1/94. Statutory Authority:
				  RCW
				     76.09.040 and
				  chapter
				  34.05 RCW. 93-12-001,
				  § 222-12-020, filed 5/19/93, effective 6/19/93; Order 263, §
				  222-12-020, filed 6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-030 - Application information and classes of forest practices

Current through Register Vol. 24-14, July 15, 2024
Forest practices are divided into four classes as specified by
				RCW     76.09.050 and described in WAC 222-16-050. Review periods and application
				and notification requirements differ as follows:
(1)
Class I forest practices
require no application or notification, but do require compliance with all
			 other forest practices rules.
(2)
Class II forest practices
require a notification to the
			 department, and may begin five calendar days (or such lesser time as the
			 department may determine) after receipt of a complete notification by the
			 department.
(3)
Class III
			 forest practices
must be approved or disapproved within thirty or fewer
			 calendar days of receipt of a complete application by the department. The
			 department is directed to approve or disapprove within fourteen calendar days
			 Class III applications not requiring additional field review. Exceptions are:
(a) Multiyear applications must be approved
			 or disapproved within forty-five days of receipt of a complete application by
			 the department.
(b) Small forest
			 landowner long-term applications are reviewed in two steps as described in WAC
			 222-20-016.
(c) Applications
			 including the project types listed in WAC 222-20-017(4)(b), concurrence
			 review, must be approved or disapproved within sixty days of receipt of a
			 complete application by the department.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-035 - *Small forest landowner long-term applications

Current through Register Vol. 24-14, July 15, 2024
In order to facilitate flexibility for small forest landowners
				in the timing of their forest practices activities, the department will
				receive, and approve or disapprove, long-term forest practices applications.
				Small forest landowners are eligible to submit long-term applications unless
				proposing a conversion to a use other than commercial timber production. An
				approved long-term application will be effective for a term of four to fifteen
				years at the discretion of the landowner. These applications may contain
				alternate plans for all or portions of the forest land area included in the
				long-term application. Alternate plan portions of long-term applications will
				be reviewed according to the alternate plan process described in WAC
				222-12-0401. The process for
				small forest landowner long-term applications is described in WAC
				222-20-016.
Statutory Authority:
				  RCW
				  76.09.040 and
				  76.09.370. 13-01-007, §
				  222-12-035, filed 12/6/12, effective 1/6/13. Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.010(2)(d).
				  07-20-044, § 222-12-035, filed 9/26/07, effective
				  10/27/07.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-037 - *Applications that include forest practices hydraulic projects

Current through Register Vol. 24-14, July 15, 2024
(1) The review
			 process for applications that include forest practices hydraulic projects is
			 described in WAC
			 222-20-017.
(2) Each forest practices hydraulic project
			 included in an application will be reviewed on an individual basis and will be
			 subject to rules and applicable conditions to the forest practices application
			 or notification. Common general provisions applicable to a specific project may
			 be modified or deleted by the department where any of the following is
			 demonstrated by the landowner:
(a) The
			 provision has no logical application to the project.
(b) The applicant provides an alternate plan
			 to the provision and demonstrates that it provides equal or greater protection
			 for fish life.
(c) The modification
			 or deletion of the provision will not contribute to net loss of fish
			 life.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-040 - *Alternate plans - Policy

Current through Register Vol. 24-14, July 15, 2024
All forest practice operations must comply with both the act
				and the rules promulgated pursuant to the act, unless an alternate plan has
				been approved by the department.
(1)
			 The alternate plan process can be used as a tool to deal with a variety of
			 situations, including where the cumulative impacts of regulations
			 disproportionately impact a landowner. In some instances an alternate plan may
			 be used to make minor on-the-ground modifications, which result in significant
			 operation efficiencies. The alternate plan process may be used to address
			 circumstances where a landowner has an economically inaccessible unit. The
			 alternate plan process may also be used to facilitate voluntary landscape,
			 riparian or stream restoration. In all cases, the alternate planning process
			 will result in a plan that provides protection to public resources at least
			 equal in overall effectiveness as provided by the act and rules while seeking
			 to minimize constraints to the management of the affected lands.
(2) The legislature has found in
			 RCW
			    76.13.100(2) that small
			 forest landowners should also have the option of alternate management plans or
			 alternate harvest restrictions on smaller harvest units that may have a
			 relatively low impact on aquatic resources. These alternate plans are intended
			 to provide flexibility to small forest landowners that will still provide
			 protection of riparian functions based on specific field conditions or stream
			 conditions on the landowner's property.
(3) Alternate plans do not replace other
			 rules that recognize different types of landowner plans. For examples, see WAC
			 222-08-160(3),
			 222-12-041,
			 222-16-080(6),
			 222-16-100(1),
			 and 222-16-105.
(4) Landowners are encouraged to communicate
			 with the departments of ecology, fish and wildlife, affected Indian tribes, the
			 National Marine Fisheries Service, the United States Fish and Wildlife Service
			 and other interested parties prior to submission of an application accompanied
			 by an alternate plan.
Statutory Authority:
				  RCW
				  76.09.040. 05-12-119, § 222-12-040,
				  filed 5/31/05, effective 7/1/05. Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040, [76.09.]050,[76.09.]370, 76.13.120(9). 01-12-042, § 222-12-040, filed 5/30/01, effective 7/1/01.
				  Statutory Authority:
				  RCW
				     76.09.040 and
				  chapter
				  34.05 RCW. 97-24-091,
				  § 222-12-040, filed 12/3/97, effective 1/3/98. Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.050 and
				  chapter
				  34.05 RCW. 92-15-011,
				  § 222-12-040, filed 7/2/92, effective 8/2/92. Statutory Authority:
				  RCW
				  76.09.040. 87-23-036 (Order 535), §
				  222-12-040, filed 11/16/87, effective 1/1/88; Order 263, § 222-12-040,
				  filed 6/16/76.