Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
(1)
"Completion of harvest"
means that the trees within the area under an approved forest practices
			 application have been harvested and further entry into that area by any type of
			 logging or slash treating equipment or method is not expected.
(2)
"Easement premises"
means
			 the geographic area designated in a forestry riparian easement including areas
			 in which qualifying timber is located.
(3)
"Forestry riparian easement"
means a conservation easement covering qualifying timber granted voluntarily to
			 the state by a qualifying small forest landowner.
(4)
"Forests and fish rules"
means the rules adopted by the board in accordance with
			 RCW
			    76.09.055,
			 76.09.370, and the amendments to
			 those rules.
(5)
"Hazardous
			 substances"
includes, but is not limited to, hazardous substances as
			 defined in
			 RCW
			    70.102.010 and
			 70.105D.020, and solid waste as
			 defined in
			 RCW
			    70.95.030.
(6)
"Qualifying small forest
			 landowner"
means an owner of forest land with qualifying timber meeting
			 all of the criteria in (a)(i) through (iv) of this subsection as of the date
			 the department receives a forest practices application associated with a
			 proposed forestry riparian easement, and the date the department offers
			 compensation for the easement.
(a) A
			 qualifying small forest landowner:
(i) Is an
			 individual, partnership, corporation, or other nongovernmental for-profit legal
			 entity. If a landowner grants timber rights to another entity for less than
			 five years, the landowner may still be a qualifying small forest landowner
			 under this chapter;
(ii) Has a fee
			 interest in the land and timber or has rights to harvest the timber to be
			 included in the forestry riparian easement that extend at least fifty years
			 from the date the completed forestry riparian easement application is submitted
			 to and received by the small forest landowner office;
(iii) Has no outstanding violations of
			 chapters
			 76.09 or 76.13 RCW or any
			 associated forest practices rules;
(iv) Has harvested or expects to harvest from
			 his or her forest lands in this state as follows:
(A) No more than the average volume that
			 would qualify the landowner as a "small harvester" under
			 RCW
			    84.33.035 during the three years prior to the
			 year the department receives a complete forest practices application associated
			 with the easement, and certifies that he or she does not expect to exceed that
			 average timber volume during the ten years following the date of the offer of
			 compensation for the easement; or
(B) If the landowner can establish to the
			 satisfaction of the small forest landowner office that those harvest limits
			 were or will be exceeded to raise funds to pay estate taxes or other equally
			 compelling and unexpected obligations such as court-ordered judgments or
			 extraordinary expenses, the landowner may still be a qualifying small forest
			 landowner.