reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-045 - Salvage logging within riparian management zones

Current through Register Vol. 24-14, July 15, 2024
Salvage logging within a riparian management zone is based upon
				the zone (core, inner or outer) in which the tree was originally located,
				applicable riparian stand requirements and the extent of previous harvest
				activities in the zone.
(1)
Salvage logging within the outer edge of bankfull width of any typed
			 water.
No salvage may take place within the outer edge of bankfull width
			 of any typed water.
(2)
Salvage logging in a core zone or channel migration zone.
No
			 salvage may take place within the RMZ core zone or a channel migration zone,
			 including any portion of those trees that may have fallen outside of these
			 zones.
(3)
Salvage logging in
			 the inner zone.
Salvage may not take place within the inner zone if the
			 stand requirements cannot be met by the residual stand. If the proposed salvage
			 involves down tree(s) that originated from the inner zone, salvage of down wood
			 may only be permitted if the down wood was not needed to meet stand
			 requirements in the inner zone. Salvage of any existing down wood may not take
			 place if the unremoved balance of down wood is insufficient to meet the
			 regional down wood guidelines in (a) and (b) of this subsection. Salvage within
			 the inner zone must be conducted to protect residual undamaged trees within the
			 inner zone. Down wood guidelines for salvage in RMZ inner zones are:
(a)
In Western Washington:
Logs with a solid core
< 1 foot
diameter
1-2 foot
diameter
> 2 foot
diameter
Total
Number of logs/acre
85
83
26
194
(b)
In Eastern Washington
ponderosa pine, mixed conifer, and high
			 elevation habitat types:
Follow the down wood requirements for each habitat type in WAC
				222-30-022.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-050 - Felling and bucking

Current through Register Vol. 24-14, July 15, 2024
(1)*
Felling along water.
(a) Except when removing or repositioning
			 large woody debris per WAC
			 222-30-062, no trees will be
			 felled into Type S and F Waters RMZ core zones, sensitive sites, or Type A or B
			 Wetlands except trees which cannot practically and safely be felled outside
			 these areas using techniques in general use. Such felling and removing in Type
			 S or F Waters shall incorporate mitigation measures necessary to achieve
			 no-net-loss of productive capacity of fish and shellfish habitat as follows:
(i) Trees shall not be felled into or across
			 the stream except where approved by the department.
(ii) Trees or logs that enter a stream during
			 felling shall remain where they enter unless parts or all of the trees or logs
			 are specifically approved to be removed by the department.
(iii) If limbs or other small debris enter
			 the watercourse as a result of felling timber, they shall be removed
			 concurrently with each change in yarding road or within seventy-two hours after
			 entry into the watercourse and placed on stable locations outside the stream's
			 influence. Limbs or other small debris shall be removed from dry watercourses
			 prior to the normal onset of high flows. Large woody material which was in
			 place prior to felling timber shall not be disturbed.
(iv) Precautions shall be taken to minimize
			 the release of sediment to waters downstream from the felling activity. See
			 board manual section 5 for technical guidance.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-060 - Cable yarding

Current through Register Vol. 24-14, July 15, 2024
(1)*
Type S
			 and F Waters and sensitive sites.
No timber shall be cable yarded in or
			 across Type S or F Waters except where the logs will not materially damage the
			 bed of waters, banks of sensitive sites, or riparian management zones. If
			 yarding across Type S or F Waters is permitted, then yarding is limited to
			 cable or other aerial logging methods. Any work in or above Type S or F Waters
			 requires an approved forest practices application. Logs must be fully suspended
			 above the water unless otherwise allowed in the applicable forest practices
			 application. Yarding corridors or full suspension shall be required to prevent
			 damage to the bed, banks, and riparian vegetation. Yarding corridors must be no
			 wider or more numerous than necessary to accommodate safe and efficient
			 transport of logs. Generally, yarding corridors should be located no closer to
			 each other than one hundred fifty feet (measured edge to edge) and should be no
			 wider than thirty feet. Safety is a prime consideration in the location of
			 yarding corridors. Total openings resulting from yarding corridors must not
			 exceed twenty percent of the stream length associated with the forest practices
			 application. When changing cable locations, care must be taken to move cables
			 around or clear of the riparian vegetation to avoid damage to riparian
			 vegetation.
Trees, logs, limbs, and other small debris that enter the water
				shall be managed as follows:
(a) Trees
			 or logs that enter Type S and F Waters with identifiable bed or banks during
			 yarding shall remain where they enter unless parts or all of the trees or logs
			 are specifically approved to be removed by the department.
(b) Logs transported across Type S or F
			 Waters shall be suspended so no portion of the logs or limbs can enter the
			 watercourse or damage the bed and banks.
(c) If limbs or other small debris enter Type
			 S or F Waters with identifiable bed or banks as a result of yarding timber,
			 they shall be removed concurrently with each change in yarding road or within
			 seventy-two hours after entry and placed on stable locations outside the
			 stream's influence. Limbs or other small debris shall be removed from dry
			 portions of watercourses prior to the normal onset of high flows. Large woody
			 material that was in place prior to yarding of timber shall not be disturbed.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-062 - *Large woody debris removal or repositioning

Current through Register Vol. 24-14, July 15, 2024
Large woody debris removal or repositioning projects shall
				incorporate mitigation measures as necessary to achieve no-net-loss of
				productive capacity of fish and shellfish habitat. The following shall apply to
				large woody debris removal or repositioning:
(1) Large woody debris removal from streams
			 shall only be approved where necessary to address safety considerations, or
			 where its removal would not diminish the fish habitat quality of the
			 watercourse. The department may approve the repositioning of large woody debris
			 within the watercourse to protect life and property or as needed to conduct a
			 forest practices hydraulic project. Repositioned large woody material shall be
			 placed or anchored to provide stable, functional fish habitat.
(2) Large woody debris removal shall be
			 conducted by equipment stationed on the bank, bridge, or other approved
			 methods.
(3) Unless otherwise
			 authorized, large woody debris shall be suspended during its removal so no
			 portion of the large woody debris or limbs can damage the bed or banks. Yarding
			 corridors or full suspension shall be required to avoid damage to riparian
			 vegetation. It may be necessary to cut the large woody debris in place, to a
			 size that allows suspension during removal.
(4) Smaller limb and bark debris associated
			 with the large woody material shall be removed and disposed of so as not to
			 reenter the typed water.
(5) Large
			 woody debris embedded in a bank or bed shall be left undisturbed and intact
			 except where authorized for removal.
(6) Large woody debris removal or
			 repositioning shall be accomplished in a manner which minimizes the release of
			 bedload, logs, or debris downstream.
(7) Depressions created in gravel bars shall
			 be filled, smoothed over, and sloped upwards toward the bank on a minimum two
			 percent gradient.
Statutory Authority:
				RCW
				76.09.040(3). WSR 13-21-032,
				§ 222-30-062, filed 10/8/13, effective 12/30/13. WSR 13-21-003, §
				222-30-062, filed 10/3/2013, effective
				11/3/2013
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-065 - Helicopter yarding

Current through Register Vol. 24-14, July 15, 2024
(1) Helicopter
			 operations within a SOSEA boundary shall not be allowed within 0.25 mile of a
			 northern spotted owl site center between March 1 and August 31, provided that,
			 this restriction shall not apply if:
(a) The
			 landowner demonstrates that the owls are not actively nesting during the
			 current nesting season; or
(b) The
			 forest practice is operating in compliance with a plan or agreement developed
			 for the protection of the northern spotted owl under WAC
			 222-16-080(6)(a), (e), or
			 (f).
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-070 - Ground-based logging systems

Current through Register Vol. 24-14, July 15, 2024
(1)*
Typed waters and wetlands.
(a) Ground-based equipment shall not be used
			 in Type S or F Water, except with approval by the department . Yarding across
			 Type S or F Waters is limited to cable or other aerial logging
			 methods.
(b) Ground-based transport
			 of logs across Type Np and Ns Waters shall minimize the potential for damage to
			 public resources.
(i) Skidding logs and
			 driving ground-based equipment through defined channels with flowing water is
			 not allowed.
(ii) Ground-based
			 transport of logs to landings across any Typed Np or Ns Water shall minimize
			 the potential to damage public resources.
(iii) Whenever skidding across Type Np or Ns
			 Waters, the direction of log movement between stream banks shall be designed to
			 minimize sediment delivery to the stream.
(c) In order to maintain wetland water
			 movement and water quality, and to prevent soil compaction, ground-based
			 logging systems shall not be used in Type A or B wetlands.
(d) Where harvest in wetlands is permitted,
			 ground-based logging systems shall be limited to low impact harvest systems.
			 Ground-based logging systems operating in wetlands shall only be allowed during
			 periods of low soil moisture or frozen soil conditions.
(e) Locations of temporary stream crossings
			 to Np Waters shall be shown on the base map of the forest practices
			 application. Whenever skidding in or across Type Np or Ns Waters, the direction
			 of log movement between stream banks shall be designed to minimize sediment
			 delivery to the stream. BMPs for stream crossings can be found in board manual
			 section 5.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-080 - Landing cleanup

Current through Register Vol. 24-14, July 15, 2024
Except as approved by the department, the following rules shall
				be met within 60 days after completion of hauling logs from any landing, or as
				soon thereafter as practical.
(1)
Drainage.
(a) Clean any ditches
			 and culverts obstructed by dirt or debris during operation(s).
(b) Establish a slope that will prevent water
			 from accumulating on the landing or running from the landing down any erodible
			 fill.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-090 - Postharvest site preparation

Current through Register Vol. 24-14, July 15, 2024
Unless the application or notification indicates that the
				landowner or forest landowner specifically agrees to assume responsibility for
				compliance with this section, the operator shall leave the site in a condition
				suitable for reforestation following any clear cutting, or any partial cutting
				west of the summit of the Cascades where 80 percent or more of the cubic volume
				is removed within any 5 consecutive years unless the department determines that
				the live trees remaining will reasonably utilize the timber growing capacity of
				the soils. Lands being converted to another use or classified as urban
				development lands under WAC
				222-34-050 are exempt.
The following
site preparation is required when
				necessary to establish a condition suitable for reforestation:
(1) Cutting, slashing, or other treatment of
			 all noncommercial tree species, other competing vegetation, and nonmerchantable
			 size trees commonly known as "whips" which will not reasonably utilize the
			 growing capacity of the soil except in wetland management zones, riparian
			 management zones; or
(2) Pile or
			 windrow slash; or
(3) Mechanically
			 scatter slash; or
(4) Leave the
			 cutover area in a condition for controlled broadcast burning, and subsequently
			 burn.
Statutory Authority:
				  RCW
				  76.09.040,
				  76.09.050 and
				  chapter
				  34.05 RCW. 92-15-011,
				  § 222-30-090, filed 7/2/92, effective 8/2/92. Statutory Authority:
				  RCW
				  76.09.040. 87-23-036 (Order 535), §
				  222-30-090, filed 11/16/87, effective 1/1/88. Statutory Authority:
				  RCW
				     76.09.040 and
				  76.09.050. 82-16-077 (Resolution
				  No. 82-1), § 222-30-090, filed 8/3/82, effective 10/1/82; Order 263,
				  § 222-30-090, filed 6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-100 - Slash disposal or prescribed burning

Current through Register Vol. 24-14, July 15, 2024
(1)
Slash disposal or prescribed
			 burning are prohibited in the core zone.
(2)
Slash disposal
techniques:
(a) Any conventional method of slash disposal
			 may be used, except in Type A or B Wetlands, wetland management zones, and RMZ
			 core and inner zones, Type Np RMZs, sensitive sites, and on sites where the
			 department determines that a particular method would cause unreasonable risk to
			 leave trees, public resources or site productivity. Conventional methods of
			 slash disposal include the following: Controlled broadcast burning; pile or
			 windrow and burn; pile or windrow without burning; mechanical scatter and
			 compaction; scarification; chip, mulch or lop and scatter; burying; and
			 physical removal from the forest lands: Provided, That on land shown to have
			 low productivity potential the landowner or operator shall obtain the
			 department's approval of its regeneration plan prior to utilizing controlled
			 broadcast burning as a slash disposal technique. In riparian management inner
			 zones, slash disposal shall be by hand, unless approved by the department.
			 Slash disposal methods that employ machine piling, mechanical scatter and/or
			 compaction, scarification or other techniques that result in soil disturbance
			 shall not be allowed in equipment limitation zones. Scarification shall not be
			 allowed within wetlands. Machine piling is not allowed in Type A and B
			 Wetlands. Department approval, through a burning permit, is required for
			 burning within an equipment limitation zone.
(b) All slash burning requires a burning
			 permit from the department which provides for compliance with the smoke
			 management plan and reasonable care to protect Type A and B Wetlands, wetland
			 management zones, riparian management zones, equipment limitation zones, soil,
			 residual timber, public resources, and other property.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-110 - Timber harvesting on islands

Current through Register Vol. 24-14, July 15, 2024
On an island:
(1) A
			 landowner shall not harvest by clearcut so that more than forty contiguous
			 acres of that landowner's forest land are in a clearcut condition;
(2) Forest land harvested by clearcut remains
			 in the clearcut condition until it has reached canopy closure or it has been
			 reforested for at least ten years;
(3) Clearcut harvest units are contiguous
			 unless separated by a buffer at least two hundred feet wide that has reached
			 canopy closure, has been reforested for at least ten years, or is in a land use
			 other than timber production.
(4)
			 Within two hundred feet of the bankfull width of saltwater timber harvest shall
			 be by selective harvest only, so that no more than thirty percent of the
			 merchantable trees are harvested in any ten-year period: Provided, That other
			 timber harvesting methods may be permitted in those limited instances where the
			 topography, soil conditions, or silvicultural practices necessary for
			 regeneration render selective harvest ecologically detrimental: Provided
			 further, That harvest by clearcut on lands being converted to another use may
			 be approved.
(5) The requirements
			 of this section shall not apply to timber harvest or salvage timber damaged by
			 wind, disease, insects, fire, or other natural causes.
Statutory Authority:
				  RCW
				  76.09.040. 05-12-119, § 222-30-110,
				  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, § 222-30-110, filed 5/30/01, effective 7/1/01.
				  Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.050 and
				  chapter
				  34.05 RCW. 92-15-011,
				  § 222-30-110, filed 7/2/92, effective
				  8/2/92.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-120 - Rate of harvest monitoring

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose. A monitoring program will be
			 established to determine the rate of timber harvest so that this information
			 will be available, in combination with other information, for examining the
			 relationship of the rate of timber harvest to sustainability of the timber
			 industry and protection of public resources.
(2) Monitoring program. The department shall
			 monitor the rate at which forest land is harvested. The geographic base for
			 monitoring will be a water resource inventory area.
(3) Annual report to the board. In addition
			 to the report provided for in WAC
			 222-08-160, the department shall
			 report monitoring results to the board, annually, beginning in August 1992,
			 including:
(a) A summary of rate of harvest by
			 water resource inventory area; and
(b) Any other information considered to be
			 significant in understanding the status of the rate of harvest.
Actual reporting periods may be modified as dictated by the
				availability of satellite imagery.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-34 - Reforestation › Section 222-34-010 - Required reforestation - West of Cascades Summit

Current through Register Vol. 24-14, July 15, 2024
(1)
Reforestation - where required.
(a) Unless the harvest application
			 indicates that the land will be converted to another use, or the lands are
			 identified in WAC
			 222-34-050 as having a likelihood
			 of conversion to urban uses, reforestation is required for forest lands
			 harvested after January 1, 1975 in the following instances:
(i) Clearcutting; or
(ii) Partial cutting where 50 percent or more
			 of the timber volume is removed within any 5-year period, unless the department
			 determines that the live trees remaining will reasonably utilize the timber
			 growing capacity of the soils.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-34 - Reforestation › Section 222-34-020 - Required reforestation - East of Cascades Summit

Current through Register Vol. 24-14, July 15, 2024
(1)
Reforestation - where required.
(a) Unless the harvest application
			 indicates that the land will be converted to another use, or the lands are
			 identified in WAC
			 222-34-050 as having a likelihood
			 of conversion to urban use, reforestation is required for forest lands
			 harvested after January 1, 1975 in the following instances:
(i) Clearcutting; or
(ii) Partial cutting where 50 percent or more
			 of the timber volume is removed within any 5-year period, unless the department
			 determines that the live trees remaining will reasonably utilize the timber
			 growing capacity of the soils.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-34 - Reforestation › Section 222-34-030 - Reforestation - Plans - Reports - Inspections

Current through Register Vol. 24-14, July 15, 2024
(1)
Reforestation plans.
Reforestation plans must be submitted with the application or
			 notification except where no reforestation is required. The department shall
			 designate difficult regeneration areas utilizing silvicultural information.
			 When a forest practice is proposed for such an area, the department may require
			 additional information regarding harvest systems and post harvest site
			 preparation, as well as regeneration. The department shall approve the
			 reforestation plan for difficult regeneration areas if it determines that such
			 a plan will achieve acceptable stocking according to WAC
			 222-34-010 and
			 222-34-020.
(2)
Reforestation reports.
The
			 landowner, forest landowner, or his/her designee shall file a report with the
			 department either at the time of completion of planting or reforestation or at
			 the end of the normal planting season. When artificial seeding is used the
			 report shall be filed 2 growing seasons after seeding.
(3)
The reports in subsection (2) of
			 this section must contain at least the following:
(a) The original forest practices application
			 or notification number.
(b) Species
			 reforested, planted, or seeded.
(c)
			 Age of stock planted or seed source zone.
(d) Description of actual area reforested,
			 planted, or seeded.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-34 - Reforestation › Section 222-34-040 - Site preparation and rehabilitation

Current through Register Vol. 24-14, July 15, 2024
(1) Heavy equipment. Heavy equipment shall
			 not be used in connection with site preparation or rehabilitation work:
(a) When, because of soil moisture conditions
			 or the type of soils, undue compaction or unnecessary damage to soil
			 productivity would occur or erosion would result in damage to water quality;
			 or
(b) Within riparian management
			 zones, Type A and B Wetlands, wetland management zones, or within equipment
			 limitation zones of Type Np and Ns Waters on slopes of 30 percent or less. On
			 slopes greater than 30 percent heavy equipment shall not operate within 50 feet
			 of Type S through Ns Waters unless a site specific plan has been approved by
			 the department.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-34 - Reforestation › Section 222-34-050 - Urban and other lands exempted from the reforestation requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
Those
			 lands which
an applicant has declared are to be converted to a nonforest
			 use and are in fact converted within 3 years of completion of
			 harvest.
(2)
Those lands the
department determines should be exempted in whole or in part where the
			 forest land has the likelihood of future conversion as defined in WAC
			 222-16-060. The applicant is
			 encouraged to propose an alternate plan for reforestation on these
			 lands.
(3)
Utility rights of
			 way.
Reforestation is not required for initial clearing or reclearing of
			 utility rights of way in actual use for utility purposes or scheduled for
			 construction of utility facilities within 10 years from the date of completion
			 of harvest, provided that if the scheduled facility is not completed, the area
			 shall be reforested within 1 year.
(4)
Public lands.
Reforestation
			 is not required on the following lands, unless required by regulation of the
			 agency owning or acquiring the lands:
(a)
			 Lands owned in fee by a public agency which has budgeted for construction
			 within 10 years a specific project inconsistent with commercial timber
			 production.
(b) Lands being
			 acquired by public agency for construction within 10 years of a project
			 inconsistent with timber production, if at the time of completion of harvest
			 the public agency has entered into a binding contract for the purchase of the
			 lands or initiated legal proceedings for the condemnation of the
			 lands.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-38 - Forest chemicals › Section 222-38-010 - Policy - Forest chemicals

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Chemicals perform important functions in forest management. The purpose of
			 these regulations is to regulate the handling, storage and application of
			 chemicals in such a way that the public health, lands, fish, wildlife, aquatic
			 habitat, wetland and riparian management zone vegetation will not be
			 significantly damaged, and water quality will not be endangered by
			 contamination. This section in no way modifies the state department of
			 agriculture regulations governing chemicals.
(2) These rules are intended to implement
			 best management practices designed to eliminate the direct entry of pesticides
			 to water. Best management also includes minimizing the entry of forest
			 chemicals into channel migration zones, wetland management zones, sensitive
			 sites, or the core or inner zones of riparian management zones and buffers on
			 Type Np Waters. Significant damage for purposes of this section includes any
			 damage that would inhibit or preclude the existing vegetation from protecting
			 public resources.
(NOTE:
OTHER LAWS AND RULES AND/OR PERMIT REQUIREMENTS MAY
							 APPLY. SEE CHAPTER 222-50 WAC.)
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-38-010, filed 5/30/01, effective 7/1/01.
				  Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.050 and
				  chapter
				  34.05 RCW. 92-15-011,
				  § 222-38-010, filed 7/2/92, effective 8/2/92. Statutory Authority:
				  RCW
				     76.09.040 and
				  76.09.050. 82-16-077 (Resolution
				  No. 82-1), § 222-38-010, filed 8/3/82, effective 10/1/82; Order 263,
				  § 222-38-010, filed 6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-38 - Forest chemicals › Section 222-38-020 - Handling, storage, and application of pesticides

Current through Register Vol. 24-14, July 15, 2024
(1)
No pesticide leakage,
			 contamination, pollution.
Transportation, handling, storage, loading, application, and
				disposal of pesticides shall be consistent with applicable label requirements
				and other state and federal requirements.
(2)
Mixing and loading areas.
(a) Mix pesticides and clean tanks and
			 equipment only where any accidental spills would not enter surface water,
			 channel migration zone or wetlands.
(b) Storage and loading areas should be
			 located where accidental spillage of pesticides will not enter surface water or
			 wetlands. If any pesticide is spilled, immediate appropriate procedures should
			 be taken to contain it.
(c) Use
			 devices or procedures to prevent "back siphoning" such as providing an air gap
			 or reservoir between the water source and the mixing tank.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-38 - Forest chemicals › Section 222-38-030 - Handling, storage, and application of fertilizers

Current through Register Vol. 24-14, July 15, 2024
(1)
Storage and loading areas.
Storage and loading areas should be located where accidental spillage of
			 fertilizers will not enter surface water or wetlands. If any fertilizer is
			 spilled, immediate appropriate procedures shall be taken to contain
			 it.
(2)
Riparian management
			 zone and wetland management zone.
Fertilizer treatments within a
			 riparian management zone or wetland management zone shall be by hand unless the
			 department has approved a site specific plan with another method of
			 treatment.
(3)
Aerial
			 application of fertilizer.
(a) Proposed
			 fertilization units shall be planned to avoid and to minimize the direct or
			 indirect introduction of fertilizer into waters and wetlands.
(b) Leave a 25 foot buffer from the edge of
			 the channel migration zone on all Type S and F Waters, except as noted in (f)
			 of this subsection.
(c) When the
			 helicopter flight path during fertilizer application is parallel to a water
			 course or the WMZ edge, the centerline of the initial swath should be adjusted
			 to prevent direct application within the buffers or WMZs.
(d) Leave at least a 200 foot buffer strip
			 around residences and a 100 foot buffer strip adjacent to lands used for
			 agriculture unless such residence or farmland is owned by the forest landowner
			 or the aerial application is acceptable to the resident or landowner.
(e) The landowner shall identify for the
			 operator the units to be fertilized and the untreated areas within the units
			 with appropriately marked aerial photos or detailed planimetric maps. Before
			 application of the fertilizer, an over-flight of the area shall be made by the
			 pilot with the marked photos or maps.
(f) Where the department has been provided
			 information by the department of ecology indicating that water quality in
			 downstream waters is likely to be impaired by entry of fertilizer into waters,
			 such waters shall be protected by site specific conditioning.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-38 - Forest chemicals › Section 222-38-040 - Handling, storage, and application of other forest chemicals

Current through Register Vol. 24-14, July 15, 2024
(1)
Waters and
			 wetlands.
Do not allow direct entry of other forest chemicals into any
			 water or Type A or B Wetlands, except segments of Type Np and Ns Waters with no
			 surface water present.
(2)
Storage, mixing, and loading areas.
(a) Mix other forest chemicals and clean
			 tanks and equipment only where any accidental spills would not enter surface
			 water or wetlands.
(b) Storage and
			 loading areas should be located where accidental spillage of other forest
			 chemicals will not enter surface water or wetlands. If any chemical is spilled,
			 immediate appropriate procedures should be taken to contain it.
(c) Use devices or procedures to prevent
			 "back siphoning" such as providing an air gap or reservoir between the water
			 source and the mixing tank.
(d)
			 Water protection requirements in subsection (1) of this section may be waived
			 when emergency use of fire retardants is necessary to control
			 wildfire.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-42 - Supplemental directives › Section 222-42-010 - Supplemental directives

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose of supplemental directives.
The department may issue
			 supplemental directives to the forest landowner, timber owner and operator,
			 advising them to take or not take as part of any forest practices operations
			 specified actions the department determines to be preferred courses of action
			 or minor changes in the operation to provide greater assurance that the
			 purposes and policies set forth in
			 RCW
			    76.09.010 of the act will be met.
(2)
Content of supplemental directives.
Supplemental directives shall indicate the reason for their
			 issuance.
(3)
Form, service.
All supplemental directives shall either be in writing, or be confirmed
			 in writing. The supplemental directive shall be given to the operator and a
			 copy mailed promptly to the forest landowner and to the timber owner if
			 different than the forest landowner.
(4)
Directive constitutes approval.
No other approval of the department shall be necessary to conduct forest
			 practices operations in compliance with the terms of a supplemental
			 directive.
(5)
Informal
			 discussions.
The department shall provide an opportunity for an informal
			 discussion before issuing, withdrawing or modifying a supplemental
			 directive.
Statutory Authority:
				  RCW
				  76.09.040. 08-24-011, § 222-42-010,
				  filed 11/21/08, effective 12/22/08; Order 263, § 222-42-010, filed
				  6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-46 - Consultation and enforcement › Section 222-46-010 - Policy - Enforcement

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the act and the board to encourage
				informal, practical, result-oriented resolution of alleged violations and
				actions needed to prevent damage to public resources. It is also the policy of
				the act and the board to provide, consistent with the principles of due
				process, effective procedures for enforcement. It is the policy of the board to
				use a progressive approach to enforcement, and civil penalties should be one of
				the least used enforcement mechanisms; such an approach usually begins with
				consultation and voluntary efforts to achieve compliance while generally
				reserving civil penalties to more serious infractions. This part of these
				regulations provides the following enforcement procedures: Informal
				conferences; notices to comply; stop work orders; corrective actions by the
				department; civil penalties; injunctions and other civil judicial relief; and
				criminal penalties. Civil penalties shall be appropriate to the violation or
				its potential to damage public resources.
Statutory Authority:
				  RCW
				  76.09.040,
				  76.09.170 and
				  chapter
				  34.05 RCW. 94-01-134,
				  § 222-46-010, filed 12/20/93, effective 1/1/94. Order 263, §
				  222-46-010, filed 6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-46 - Consultation and enforcement › Section 222-46-012 - Representatives on inspections

Current through Register Vol. 24-14, July 15, 2024
In connection with any watershed analysis, any review of a
				pending application by an interdisciplinary team appointed by the department,
				any compliance studies, any effectiveness monitoring, or other research that
				has been agreed to by a landowner, the department will invite representatives
				of other agencies necessary to provide specific expertise to resolve issues
				that have been raised, tribes, and interest groups to accompany a department
				representative and, at the landowner's election, the landowner, on any such
				inspections. Reasonable efforts must be made by the department to notify the
				landowner of the persons being invited onto the property and the purposes for
				which they are being invited.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-46-012, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-46 - Consultation and enforcement › Section 222-46-015 - Enforcement within the CRGNSA special management area

Current through Register Vol. 24-14, July 15, 2024
The department shall administer and enforce the forest
				practices regulations, including the requirement that the CRGNSA guidelines
				apply to all forest practices in the SMA, in cooperation with the U.S. Forest
				Service and the Columbia River Gorge commission.
Statutory Authority:
				  RCW
				  76.09.040 and
				  chapter
				  34.05 RCW. 98-07-047,
				  § 222-46-015, filed 3/13/98, effective
				  5/1/98.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-46 - Consultation and enforcement › Section 222-46-020 - Informal conferences

Current through Register Vol. 24-14, July 15, 2024
(1)
Opportunity mandatory.
The department shall afford the operator
			 and/or a designated representative reasonable opportunities to discuss proposed
			 enforcement actions at an informal conference prior to taking further
			 enforcement action, unless the department determines that there may be imminent
			 damages to the public resource. Informal conferences may be used at any stage
			 in enforcement proceedings, except that the department may refuse to conduct
			 informal conferences with respect to any matter then pending before the appeals
			 board or a court.
(2)
Reports
			 required.
Department personnel in attendance at informal conferences
			 shall keep written notes of the date and place of the conference, the persons
			 in attendance, the subject matter discussed, and any decisions reached with
			 respect to further enforcement action. Copies of the conference notes shall be
			 forwarded to the landowner and the timber owner.
(3)
Records available.
Copies of
			 written notes shall be sent to each participant in the conference, be kept in
			 the department files until one year after final action on the application
			 involved, and be open to public inspection.
(4)
Local governmental entity
			 conditions.
If the proposed enforcement actions involve conditions
			 imposed pursuant to WAC
			 222-20-040(3),
			 then the local governmental entity shall be involved in the informal
			 conference.
Statutory Authority:
				  RCW
				  76.09.040. 08-24-011, § 222-46-020,
				  filed 11/21/08, effective 12/22/08. Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.170 and
				  chapter
				  34.05 RCW. 94-01-134,
				  § 222-46-020, filed 12/20/93, effective 1/1/94. Statutory Authority:
				  RCW
				     76.09.040 and
				  chapter
				  34.05 RCW. 93-12-001,
				  § 222-46-020, filed 5/19/93, effective 6/19/93. Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.050 and
				  34.05.350. 91-23-052, §
				  222-46-020, filed 11/15/91, effective 12/16/91; Order 263, § 222-46-020,
				  filed 6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-46 - Consultation and enforcement › Section 222-46-030 - Notice to comply

Current through Register Vol. 24-14, July 15, 2024
If a violation, a deviation, material damage or potential for
				material damage to a public resource has occurred and the department determines
				that a stop work order is unnecessary, then the department shall issue and
				serve upon the operator and/or landowner a notice.
(1) The notice shall clearly set forth:
(a)
The specific
nature, extent,
			 and time of failure to comply with the approved application; or identifying the
			 damage or potential damage; and/or
(b) The relevant provisions of the Forest
			 Practices Act or of the forest practices rules relating thereto;
(c)
The right
of the operator,
			 landowner, or timber owner to a hearing before the department; and
(d)
The specific
course of
			 action ordered by the department to be followed by the operator to correct such
			 failure to comply and to prevent, correct and/or compensate for material damage
			 to public resources which resulted from any violation, unauthorized deviation,
			 or willful or negligent disregard for potential damage to a public resource;
			 and/or those courses of action necessary to prevent continuing damage to public
			 resources where the damage is resulting from the forest practices activities
			 but has not resulted from any violation, unauthorized deviation, or
			 negligence.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-46 - Consultation and enforcement › Section 222-46-040 - Stop work orders

Current through Register Vol. 24-14, July 15, 2024
(1)
The
			 department
shall have the authority to serve upon an operator a stop
			 work order which shall be a final order of the department if:
(a) There is any violation of the provisions
			 of the Forest Practices Act or these rules; or
(b) There is a deviation from the approved
			 application; or
(c) Immediate
			 action is necessary to prevent continuation of or to avoid material damage to a
			 public resource.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-46 - Consultation and enforcement › Section 222-46-050 - Corrective action

Current through Register Vol. 24-14, July 15, 2024
(1)
Normal
			 time schedule.
(a)
Written
			 notice.
If an operator fails to undertake and complete any course of
			 action with respect to a forest practice, as required by a final order of the
			 department or a final decision of the appeals board or any court pursuant to
			 RCW
			    76.09.080 and
			 76.09.090 of the Forest Practices
			 Act, the department may determine the cost thereof and give written notice of
			 such cost to the operator, the timber owner and the owner of the forest land
			 upon or in connection with which such forest practice was being
			 conducted.
(b)
Failure to
			 act.
If such operator, timber owner, or forest landowner fails within 30
			 days after such notice is given to undertake such course of action, or having
			 undertaken such course of action fails to complete it within a reasonable time
			 as set forth by the department, the department may expend any funds available
			 to undertake and complete such course of action and such operator, timber
			 owner, and forest landowner shall be jointly and severally liable for the
			 actual, direct cost thereof, but in no case more than the amount set forth in
			 the notice from the department.
(c)
Failure to pay.
If not paid within 60 days after the department
			 completes such course of action and notifies such forest landowner in writing
			 of the amount due, such amount shall become a lien on such forest land and the
			 department may collect such amount in the same manner provided in
			 chapter
			 60.04 RCW for mechanics'
			 liens.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-46 - Consultation and enforcement › Section 222-46-060 - Civil penalties

Current through Register Vol. 24-14, July 15, 2024
(1)
Amount of penalty.
Every person who violates any provisions of
			 RCW
			    76.09.010 through
			 76.09.280 or of the forest
			 practices rules adopted pursuant thereto, or who converts forest land to a use
			 other than commercial timber operation within three years after completion of
			 the forest practice without the consent of the county, city, or town, shall be
			 subject to a penalty in an amount of not more than ten thousand dollars for
			 each such violation. Each and every such violation shall be a separate and
			 distinct violation. In case of a failure to comply with a stop work order,
			 every day's continuance thereafter shall be a separate and distinct
			 violation.
(2)
Penalty
			 assessments
shall consider the following:
(a) Repairability of the adverse effect from
			 the violation;
(b) Whether the
			 violation of the act or rules was intentional;
(c) Cooperation with the
			 department;
(d) Previous violation
			 history;
(e) Severity of the impact
			 or the potential for material damage to public resources; and
(f) The extent to which a penalty to be
			 imposed on a forest landowner for a forest practices violation committed by
			 another should be reduced because the owner was unaware of the violation and
			 did not receive substantial economic benefits from the violation.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-46 - Consultation and enforcement › Section 222-46-065 - Base penalty schedule

Current through Register Vol. 24-14, July 15, 2024
All other WAC or RCW violations not specifically mentioned in
				this list shall have a base penalty of five hundred dollars.
Violations of the following shall have a base penalty of two
				thousand dollars:
Statute or Rule
Description
WAC
							 222-20-010
RCW    76.09.050
Operation without an approved forest practices
							 application/notification.
WAC
							 222-20-010
RCW    76.09.060
Willful misrepresentation of information on the
							 forest practices application/notification.
WAC
							 222-20-050
RCW    76.09.060
Conversion of land without consent of the county,
							 city or town.
WAC
							 222-20-040
WAC
							 222-20-060
RCW    76.09.060
Significant, in the opinion of the department,
							 deviation from an approved forest practices application/notification.
Statutory Authority:
				  RCW
				  76.09.040,
				  76.09.170 and
				  chapter
				  34.05 RCW. 94-01-134,
				  § 222-46-065, filed 12/20/93, effective
				  1/1/94.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-46 - Consultation and enforcement › Section 222-46-070 - Injunctions, civil suits, disapprovals

Current through Register Vol. 24-14, July 15, 2024
(1)
The department
may take any
			 necessary action to enforce any final order or final decision.
(2)
(a) The
			 department may disapprove any forest practices application or notification
			 submitted by any person who has failed to comply with a final order or decision
			 as set forth in
			 RCW
			    76.09.080,
			 76.09.090, or
			 76.09.110, or has failed to pay
			 any civil penalties as provided in
			 RCW
			    76.09.170. This disapproval will last for up
			 to one year from the issuance of a notice of intent to disapprove notifications
			 and applications under this section, or until the violator pays all outstanding
			 civil penalties and complies with all validly issued and outstanding notices to
			 comply and stop work orders, whichever is longer.
(b) For purposes of this subsection, "validly
			 issued" means a stop work order or notice to comply for which no appeal or
			 request for hearing has been filed; or if appealed, it has not been declared
			 invalid by a final order or decision and all appeals are exhausted.
(c) The department shall provide written
			 notice of its intent to disapprove future applications or notifications, and
			 shall forward copies of such notice to any affected landowner, timber owner or
			 operator. The disapproval period shall run from thirty days following the date
			 of actual notice or from the date all appeals, if any, have been
			 exhausted.
(d) Any person provided
			 notice of intent to disapprove an application or notification may seek review
			 from the appeals board within thirty days of the date of notice.
(e) While the notice of intent to disapprove
			 is in effect, the violator(s) may not serve as a person in charge of, be
			 employed by, manage, or otherwise participate to any degree in forest
			 practices.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-46 - Consultation and enforcement › Section 222-46-080 - Criminal penalty

Current through Register Vol. 24-14, July 15, 2024
In addition to the penalties imposed pursuant to
				RCW
				   76.09.170 of the act, any person who conducts
				any forest practice or knowingly aids or abets another in conducting any forest
				practice in violation of any provisions of
				RCW
				   76.09.010 through
				76.09.280 or
				90.48.420, or these regulations,
				shall be guilty of a gross misdemeanor and upon conviction thereof shall be
				punished by a fine of not less than $100.00 nor more than $1,000.00, or by
				imprisonment for a term of not more than 1 year or by both fine and
				imprisonment for each separate violation. Each day upon which violation occurs
				shall constitute a separate violation.
Order 263, § 222-46-080, filed
				  6/16/76.