reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-070 - Emergency forest practices

Current through Register Vol. 24-14, July 15, 2024
No prior notification or application shall be required for
				emergency forest practices necessitated by and commenced during or immediately
				after fire, flood, windstorm, earthquake, structural failure or other
				catastrophic event. Within 48 hours after commencement of such practice, the
				operator shall submit an application or notification to the department with an
				explanation why emergency action was necessary. Such emergency forest practices
				are subject to these rules: Provided, however, That the operator may take any
				reasonable action to minimize damage to forest lands, timber or public
				resources from the direct or indirect effects of the catastrophic event and:
				Provided further, The operator shall comply with any requirements of a notice
				to comply or stop work order as if conducted pursuant to an approved
				application.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-20-070, filed 5/30/01, effective 7/1/01;
				  Order 263, § 222-20-070, filed
				  6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-075 - *Exotic forest insect or disease outbreaks

Current through Register Vol. 24-14, July 15, 2024
Forest practices applications or notifications are not required
				for forest practices conducted to control exotic forest insect or disease
				outbreaks, when conducted by or under the direction of the department of
				agriculture in carrying out an order of the governor or director of the state
				department of agriculture to implement pest control measures as authorized
				under chapter 17.24
				RCW, and are not required when conducted by or under the direction of the
				department in carrying out emergency measures under a forest health emergency
				declaration by the commissioner of public lands as provided in
				RCW
				   76.06.130.
(1) For the purposes of this section, exotic
			 forest insect or disease has the same meaning as defined in
			 RCW
			    76.06.020.
(2) In order to minimize adverse impacts to
			 public resources, control measures must be based in integrated pest management,
			 as defined in
			 RCW
			    17.15.010, and must follow forest practices
			 rules relating to road construction and maintenance, timber harvest, and forest
			 chemicals, to the extent possible without compromising control
			 objectives.
(3) Forest lands where
			 trees have been cut as part of an exotic forest insect or disease control
			 effort under this subsection are subject to reforestation requirements under
			 RCW
			    76.09.070.
(4) The exemption from obtaining approved
			 forest practices applications or notifications does not apply to forest
			 practices conducted after the governor, the director of the department of
			 agriculture, or the commissioner of public lands has declared that an emergency
			 no longer exists because control objectives have been met, that there is no
			 longer an imminent threat, or that there is no longer a good likelihood of
			 control.
(5) Nothing under this
			 section relieves agencies conducting or directing control efforts from
			 requirements of the federal Clean Water Act as administered by the department
			 of ecology under RCW 98.48.260.
Statutory Authority:
				  RCW
				  76.09.040. 05-12-119, § 222-20-075,
				  filed 5/31/05, effective 7/1/05.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-080 - Application and notification expiration

Current through Register Vol. 24-14, July 15, 2024
(1) The approval given by the department to
			 an application to conduct a forest practice shall be effective for a term of
			 three years from the date of approval, with the following exceptions:
(a) Multiyear permits are effective for four
			 or five years.
(b) Small forest
			 landowner long-term applications are effective for terms of four to fifteen
			 years.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-090 - *Options for filing applications and preapplication consultation for forest practices hydraulic projects

Current through Register Vol. 24-14, July 15, 2024
(1) Applicants may schedule an early review
			 of a proposed application with the department prior to official filing, or
			 submit an application with a delayed effective date. Such early review or
			 submission will allow the department to review multiple applications and bring
			 other forest practices concerns to the attention of the applicant so that such
			 concerns can be addressed prior to official filing and processing of an
			 application. When submitting an application with a delayed effective date, the
			 applicant shall indicate the date when approval is desired.
(2)
Preapplication consultation for
			 forest practices hydraulic projects.
Landowners are encouraged to
			 consult with the department and the department of fish and wildlife prior to
			 submitting an application involving a forest practices hydraulic project to
			 help ensure that project plans and specifications meet fish protection
			 standards.
Statutory Authority:
				RCW
				76.09.040(3). WSR 13-21-032,
				§ 222-20-090, filed 10/8/13, effective 12/30/13. Statutory Authority:
				RCW
				76.09.040. WSR 87-23-036 (Order 535), §
				222-20-090, filed 11/16/87, effective 1/1/88; Order 263, § 222-20-090,
				filed 6/16/76. WSR 13-21-003, § 222-20-090, filed 10/3/2013, effective
				11/3/2013
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-100 - Notice to parks and DAHP

Current through Register Vol. 24-14, July 15, 2024
(1)
Notice to parks.
The department shall send to the affected agency,
			 within two business days of receipt, a copy of any notification or application
			 for forest practices within five hundred feet of the boundary of any park
			 entity registered according to subsection (2) of this section.
(2)
Parks register.
The
			 department shall establish and update every five years a parks register listing
			 all publicly owned parks where the affected owner has filed a written request
			 with the department for inclusion on such register. The department shall notify
			 owners of all public parks inventoried on the state comprehensive outdoor
			 recreation plan (SCORP) of the opportunity to register.
(3)
DNR to provide information to DAHP.
The department shall provide the department of archaeology and historic
			 preservation (DAHP) with copies of all applications and notifications for
			 forest practices to be conducted on lands known to contain historic sites or
			 archaeological resources as identified by DAHP.
Statutory Authority:
				  RCW
				  76.09.040,
				  76.09.010(2)(d).
				  07-20-044, § 222-20-100, filed 9/26/07, effective 10/27/07. Statutory
				  Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-20-100, filed 5/30/01, effective 7/1/01.
				  Statutory Authority:
				  RCW
				  76.09.040. 87-23-036 (Order 535), §
				  222-20-100, 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), § 222-20-100, filed 8/3/82, effective
				  10/1/82.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-110 - Notice of forest practices to cities and towns

Current through Register Vol. 24-14, July 15, 2024
The department shall establish and update every 5 years a
				register listing all incorporated cities and towns which have filed a written
				request for inclusion on such register. The department shall provide to those
				listed on the register, copies of all applications and notifications for forest
				practices on lands within the legal boundaries of the city or
				town.
Statutory Authority:
				  RCW
				  76.09.040 and
				  76.09.050. 82-16-077 (Resolution
				  No. 82-1), § 222-20-110, filed 8/3/82, effective
				  10/1/82.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-120 - Notice of forest practices that may contain cultural resources to affected Indian tribes

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department shall notify affected Indian tribes of all applications in
			 geographic areas of interest that have been identified by such tribes,
			 including those areas that may contain cultural resources.
(2) Where an application is within a tribe's
			 geographic area of interest and contains cultural resources the landowner, at
			 the tribe's discretion, shall meet with the affected tribe(s) prior to the
			 application decision due date with the objective of agreeing on a plan for
			 protecting the archaeological or cultural value.
(3) The department will consider the
			 requirements in subsection (2) of this section complete if prior to the
			 application decision due date:
(a) The
			 landowner meets with the tribe(s) and notifies the department that a meeting
			 took place and whether or not there is agreement on a plan. The department
			 shall confirm the landowner's information with the tribe(s); or
(b) The department receives written notice
			 from the tribe(s) that the tribe(s) is declining a meeting with the landowner;
			 or
(c) The tribe(s) does not
			 respond to the landowner's attempts to meet and the landowner provides to the
			 department:
(i) Written documentation of
			 telephone or e-mail attempts to meet with the tribe's designated cultural
			 resources contact for forest practices; and
(ii) A copy of a certified letter with a
			 signed return receipt addressed to the tribe's cultural resources contact for
			 forest practices requesting a meeting with the tribe; or
(d) The department receives other acceptable
			 documentation.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-130 - Notice and administration in CRGNSA special management area

Current through Register Vol. 24-14, July 15, 2024
The department shall administer the permitting process for all
				forest practices on forest land in the CRGNSA special management area. For all
				applications and notifications within the CRGNSA special management area, the
				department shall send copies of a satisfactorily completed application or
				notification, including the U.S. Forest Service review statement, to the county
				in which the forest practices are to be commenced, the Columbia River Gorge
				commission, the U.S. Forest Service, the Yakama Indian Nation, and any
				interested parties that have requested to receive copies.
Statutory Authority:
				  RCW
				  76.09.040 and
				  chapter
				  34.05 RCW. 98-07-047,
				  § 222-20-130, filed 3/13/98, effective
				  5/1/98.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-005 - Policy

Current through Register Vol. 24-14, July 15, 2024
The legislature has found that further reduction in harvestable
				timber owned by small forest landowners as a result of the rules adopted under
				RCW
				   76.09.055 or
				76.09.370 will further erode small
				landowners' economic viability and willingness or ability to keep the lands in
				forestry use and, therefore, reduce the amount of habitat available for salmon
				recovery and conservation of other aquatic resources. The legislature addressed
				these concerns by establishing a forestry riparian easement program to acquire
				easements from qualifying small forest landowners along riparian and other
				areas of value to the state for protection of aquatic
				resources.
Statutory Authority: RCW 76.090.040 [76.09.040], 76.09.370
				  and 76.13.120. 12-11-106, § 222-21-005, filed 5/22/12, effective 6/22/12.
				  Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				     76.09.040, [76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-21-005, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-030 - Documentation and standards

Current through Register Vol. 24-14, July 15, 2024
(1)
Forest
			 practices application.
Prior to submitting a forestry riparian easement
			 application, the landowner must have an approved forest practices application
			 or an application that was disapproved because of forests and fish rule
			 restrictions.
(2)
Forestry
			 riparian easement application.
The landowner will provide the following
			 information in a forestry riparian easement application:
(a) County tax parcel numbers of the property
			 in the proposed easement premises;
(b) A list of all forest practices
			 application numbers of approved and/or disapproved forest practices
			 applications;
(c) The landowner's
			 signature certifying that the landowner meets the criteria of a qualifying
			 small forest landowner and documenting that the landowner is willing to sell or
			 donate such easements to the state; and
(d) Documentation that qualifying timber
			 within or immediately adjacent to, or physically connected to a commercially
			 reasonable harvest area, cannot be harvested because of forests and fish rule
			 restrictions, or is uneconomic to harvest because of forests and fish rule
			 restrictions. See WAC 222-21-032 for additional information about these
			 eligibility criteria.
The small forest landowner office may require additional
				information from the applicant to process the application and evaluate the
				eligibility of the proposed easement premises and the landowner.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-031 - Forestry riparian easement application review and processing

Current through Register Vol. 24-14, July 15, 2024
After the small forest landowner office makes a preliminary
				determination of eligibility:
(1) The
			 department will verify the timber harvest associated with the easement is
			 complete.
(2) The department will
			 submit the list of eligible projects to the state legislature for budget
			 approval.
(3) The landowner or the
			 landowner's representative will mark the boundary of the area containing the
			 qualifying timber.
(4) The
			 department will verify eligibility of qualifying timber.
(5) The department will perform a timber
			 cruise on the qualifying timber to establish the compensation value.
(6) The department will inform the landowner
			 in writing of the easement value. All compensation and reimbursement is subject
			 to available funding.
(7) If an
			 application is ineligible, the department will notify the landowner in writing
			 the reasons why. The department will return ineligible applications to
			 landowners.
Statutory Authority: RCW 76.090.040 [76.09.040], 76.09.370
				  and 76.13.120. 12-11-106, § 222-21-031, filed 5/22/12, effective
				  6/22/12.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-032 - Eligibility criteria

Current through Register Vol. 24-14, July 15, 2024
(1) Qualifying
			 small forest landowners must complete a timber harvest to be eligible for a
			 forestry riparian easement, unless a commercially reasonable harvest is not
			 possible according to subsection (5) of this section or the only timber
			 available to harvest meets the criteria of uneconomic to harvest according to
			 subsection (6) of this section.
(2)
			 The easement premises cannot contain unacceptable liabilities as determined by
			 the small forest landowner office. Unacceptable liabilities include, but are
			 not limited to, the presence of hazardous substances on the land or other
			 conditions that may create a liability to the department, any existing uses of
			 the property that may jeopardize the protection of the easement premises and
			 qualifying timber, and situations in which the applicant is unwilling or unable
			 to provide reasonable protection against financial loss to the state.
(3) Where more than one person has an
			 interest in property to be covered by a forestry riparian easement, all persons
			 holding rights to control or affect the easement premises and qualifying timber
			 must execute the easement documents or otherwise subordinate their interest to
			 the easement being acquired by the state. This includes tenants in common,
			 joint tenants, holders of reversionary interests, lien holders, and
			 mortgages.
(4)
Commercially
			 reasonable harvest.
The small forest landowner office will consider the
			 following criteria to determine if an area covered by a forest practices
			 application involves a commercially reasonable harvest. The proposed harvest
			 must meet all five of the following requirements:
(a) The harvest unit is immediately adjacent
			 to or physically connected to qualifying timber;
(b) The application is for a forest practice
			 involving a timber harvest and the harvest would not result in a conversion to
			 a use other than commercial timber operation;
(c) The landowner is not eligible for the
			 twenty acre exemption under WAC 222-30-023;
(d) The value of the timber in the harvest
			 unit, excluding qualifying timber, equals or exceeds one thousand dollars;
			 and
(e) The value of the taxable
			 harvest equals or exceeds the value of the qualifying timber established under
			 WAC 222-21-045 unless otherwise approved by the small forest landowner
			 office.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-040 - Timber cruises

Current through Register Vol. 24-14, July 15, 2024
(1) This section
			 applies only to timber cruises related to the forestry riparian easement
			 program to establish easement compensation.
(2) A timber cruise is required to determine
			 the volume by species and grade to accurately determine the value of the
			 qualifying timber.
(a) The cruise method will
			 be a one hundred percent inventory of qualifying timber on the proposed
			 easement premises. The inventory will include species, diameter class, grade,
			 and any other information necessary to determine a value for the qualifying
			 timber.
(b) A sampling cruise
			 method may be used under certain circumstances such as where easement premises
			 are greater than ten acres or where the forest trees are homogeneous.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-045 - Valuation

Current through Register Vol. 24-14, July 15, 2024
(1)
The small forest landowner office
			 will calculate the compensation amount for
forestry riparian easements
			 by determining a value for the qualifying timber. The office will use data
			 gathered from or adjusted to the date the office received the complete forestry
			 riparian easement application. The office will use the stump-age value
			 determination method described in (a) of this subsection for qualifying timber
			 that cannot be harvested because of forests and fish rule restrictions. For
			 qualifying timber approved for harvest, the office will use both the stumpage
			 value determination method and the small harvester tax return method to
			 determine the highest compensation amount for the landowner.
(a)
Stumpage value determination
			 method.
The small forest landowner office will create and maintain value
			 tables to determine stumpage value of the qualifying timber. These tables will
			 be created using a method coordinated with the department of revenue. The
			 values will closely approximate the stumpage value for logs on the date the
			 office received a complete forestry riparian easement application. The
			 landowner will provide:
(i) The reference for
			 the stumpage value table and any other needed information for use of the table;
			 and
(ii) Any information the
			 landowner would like the office to consider in its cruise and valuation of the
			 qualifying timber.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-048 - Reimbursement of costs to the small forest landowner

Current through Register Vol. 24-14, July 15, 2024
The state of Washington will reimburse landowners for actual
				costs incurred toward identifying qualifying timber. Costs can include one or
				more of the following:
(1) Determining
			 and marking streamside buffers;
(2)
			 Marking the qualifying timber; and
(3) The cost of the portion of a geotechnical
			 report that is applicable to the area determined to contain qualifying
			 timber.
Statutory Authority: RCW 76.090.040 [76.09.040], 76.09.370
				  and 76.13.120. 12-11-106, § 222-21-048, filed 5/22/12, effective
				  6/22/12.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-050 - Payment of compensation and reimbursement to the small forest landowner

Current through Register Vol. 24-14, July 15, 2024
(1) All compensation
			 and reimbursement to the small forest landowner is subject to available
			 funding.
(2) If funding is not
			 available, the small forest landowner office will maintain a priority list for
			 compensation and reimbursement to the landowner. Priority will be based on the
			 date the small forest landowner office received the complete forestry riparian
			 easement application. In instances where two easement applications are received
			 on the same date, priority will be based on the date the department received a
			 complete forest practices application associated with the easement.
(3) The small forest landowner office will
			 offer compensation for the easement in a purchase and sale agreement. The small
			 forest landowner will accept or reject the conditions of the purchase and sale
			 agreement in writing and submit the written acceptance or rejection to the
			 small forest landowner office.
(4)
			 Compensation for the forestry riparian easement and reimbursement of landowner
			 costs will be paid after:
(a) The department
			 has verified that the landowner has no outstanding violations under
			 chapters
			 76.09 or 76.13 RCW or any
			 associated forest practices rules;
(b) Any dispute over the amount of
			 compensation or eligibility or other matter involving the easement has been
			 resolved; and
(c) The small forest
			 landowner office has sent a forestry riparian easement contract to the
			 landowner, the landowner has signed the contract, and the landowner has
			 delivered it to the department.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-055 - Reimbursement to the department

Current through Register Vol. 24-14, July 15, 2024
If, within the first ten years after receipt of compensation
				for a forestry riparian easement, a small forest landowner sells the land on
				which a forestry riparian easement is located to a landowner that does not meet
				the criteria for a qualifying small forest landowner, then the selling small
				forest landowner must reimburse the state for the full compensation received
				for the easement and the full amount of the costs incurred to identify the
				qualifying timber.
If the land on which the easement is located consists of
				multiple land parcels and the selling small forest landowner sells parcels that
				consist of only a portion of the easement, the small forest landowner office
				will calculate the reimbursement amount. The calculation will be based on the
				ratio of qualifying timber volume within the portion of the easement on the
				land that is sold to the total volume of qualifying timber. The selling small
				forest landowner must make full payment for this reimbursement within one year
				of sale of the land the easement occupies. The department will continue to
				hold, in the name of the state, the forestry riparian easement for the full
				term of the easement.
Statutory Authority: RCW 76.090.040 [76.09.040], 76.09.370
				  and 76.13.120. 12-11-106, § 222-21-055, filed 5/22/12, effective
				  6/22/12.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-070 - Blowdown and salvage

Current through Register Vol. 24-14, July 15, 2024
After execution of a forestry riparian easement, qualifying
				timber may not be salvaged without prior written permission from the
				department. Prior to removal, the small forest landowner office and the
				landowner must negotiate the terms of removal and reimbursement to the state,
				if any. Qualifying timber that blows down off the easement premises that
				presents a nuisance may be moved back onto the easement premises without
				permission from the department.
Statutory Authority: RCW 76.090.040 [76.09.040], 76.09.370
				  and 76.13.120. 12-11-106, § 222-21-070, filed 5/22/12, effective 6/22/12.
				  Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				     76.09.040, [76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-21-070, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-080 - Eminent domain

Current through Register Vol. 24-14, July 15, 2024
If a forestry riparian easement is taken, in whole or in part,
				by exercise of the power of eminent domain, or acquired by purchase in lieu of
				condemnation, the state will receive compensation for its remaining interest in
				the easement based upon the following formula:
Where:
C = the compensation to the department for the
							 state's remaining interest in the easement;
O = the original compensation for the easement paid
							 to the small forest landowner by the state;
P = the proportion of the forestry riparian easement
							 extinguished or terminated;
CPIo = the Consumer Price Index for all Urban
							 Consumers as published by the Bureau of Labor Statistics for the month in which
							 the original compensation was determined;
CPIc = the Consumer Price Index for all Urban
							 Consumers as published by the Bureau of Labor Statistics for the most recent
							 month available at the time the easement is terminated or extinguished;
I = the rate of return on 30 year treasury bonds, as
							 reported by the Federal Reserve Statistical Release H15 less the rate of
							 increase in the Consumer Price Index for all Urban Consumers as published by
							 the U.S. Department of Labor Bureau of Labor Statistics for the previous 12
							 months;
R = the number of years remaining on the easement at
							 the time of extinguishment or termination;
C =
							 *P*(CPIc/CPIo)*(1-(1/(1+I)R))/(1-1/(1+I)50)).
Statutory Authority: RCW 76.090.040 [76.09.040], 76.09.370
				  and 76.13.120. 12-11-106, § 222-21-080, filed 5/22/12, effective 6/22/12.
				  Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				     76.09.040, [76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-21-080, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-21 - Small forest landowner forestry riparian easement program › Section 222-21-090 - Internal department of natural resources review of small forest landowner office decisions

Current through Register Vol. 24-14, July 15, 2024
Any person who wishes to appeal written decisions of the small
				forest landowner office pertaining to application eligibility, easement
				valuation, and related decisions may submit a request for review within thirty
				days after the date of the small forest landowner office's written decision.
				The request for review must identify the issue being raised and provide any
				supporting documentation. The supervisor of the department or designee will
				issue a written response within thirty days of receipt of the request for
				review and this response will constitute the department's final
				decision.
Statutory Authority: RCW 76.090.040 [76.09.040], 76.09.370
				  and 76.13.120. 12-11-106, § 222-21-090, filed 5/22/12, effective 6/22/12.
				  Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				     76.09.040, [76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-21-090, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-22 - Watershed analysis › Section 222-22-020 - Watershed administrative units

Current through Register Vol. 24-14, July 15, 2024
(1) For purposes of this chapter, the state
			 is divided into areas known as watershed administrative units (WAUs). The
			 department shall, in cooperation with the departments of ecology and fish and
			 wildlife, affected Indian tribes, local governmental entities, forest
			 landowners, and the public, define WAUs throughout the state. The department
			 shall identify WAUs on a map.
(2)
			 WAUs should generally be between ten thousand to fifty thousand acres in size
			 and should be discrete hydrologic units. The board recognizes, however, that
			 identified watershed processes and potential effects on resource
			 characteristics differ, and require different spatial scales of analysis, and
			 the department's determination of the WAUs should recognize these differences.
			 The board further recognizes that mixed land uses will affect the ability of a
			 watershed analysis to predict probabilities and identify causation as required
			 under this chapter, and the department's conduct and approval of a watershed
			 analysis under this chapter shall take this effect into account.
(3) The department is directed to conduct
			 periodic reviews of the WAUs adopted under this chapter to determine whether
			 revisions are needed to more efficiently assess potential cumulative effects.
			 The department shall consult with the departments of ecology and fish and
			 wildlife, affected Indian tribes, forest landowners, local governmental
			 entities, and the public. From time to time and as appropriate, the department
			 shall make recommendations to the board regarding revision of watershed
			 administrative units.
Statutory Authority:
				  RCW
				  76.09.040. 11-12-009, § 222-22-020,
				  filed 5/20/11, effective 6/20/11; 08-24-011, § 222-22-020, filed 11/21/08,
				  effective 12/22/08; 05-12-119, § 222-22-020, filed 5/31/05, effective
				  7/1/05. Statutory Authority:
				  RCW
				     76.09.040 and
				  chapter
				  34.05 RCW. 97-24-091,
				  § 222-22-020, filed 12/3/97, effective 1/3/98. Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.170 and
				  chapter
				  34.05 RCW. 94-01-134,
				  § 222-22-020, filed 12/20/93, effective 1/1/94. Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.050 and
				  chapter
				  34.05 RCW. 92-15-011,
				  § 222-22-020, filed 7/2/92, effective
				  8/2/92.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-22 - Watershed analysis › Section 222-22-030 - Qualification of watershed resource analysts, specialists, field managers, and qualified experts

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department shall set the minimum qualifications for analysts participating in
			 level 1 assessments conducted under WAC
			 222-22-050, for specialists
			 participating in level 2 assessments conducted under WAC
			 222-22-060, for field managers
			 participating in recommendation of prescriptions under WAC
			 222-22-070, and for analysts,
			 specialists, and field managers participating in reanalysis under WAC
			 222-22-090. The minimum
			 qualifications shall be specific for the disciplines needed to participate in
			 level 1 and level 2 assessments and in the recommendations of prescriptions,
			 and shall include, at a minimum, formal education in the relevant discipline
			 and field experience. Minimum qualifications for analysts participating in
			 level 2 assessments should typically include a graduate degree in the relevant
			 discipline. A reanalysis of mass wasting prescriptions under WAC
			 222-22-090 requires a qualified
			 expert as defined in WAC
			 222-10-030.
(2) The department shall coordinate with
			 relevant state and federal agencies, affected Indian tribes, forest landowners,
			 local governmental entities, and the public to seek and utilize available
			 qualified expertise to participate in watershed analysis or
			 reanalysis.
(3) Qualified analysts,
			 specialists, field managers, and qualified experts shall, while and only for
			 the purpose of conducting a watershed analysis or monitoring in a WAU, be duly
			 authorized representatives of the department for the purposes of
			 RCW
			    76.09.150.
(4) An individual may qualify in more than
			 one science or management skill. Qualification under subsection (1) of this
			 section shall be effective for five years. When a qualification expires, a
			 person requesting requalification shall meet the criteria in effect at the time
			 of requalification.
(5) The
			 department shall provide and coordinate training for, maintain a register of,
			 and monitor the performance of qualified analysts, specialists, field managers,
			 and qualified experts by region. The department shall disqualify analysts,
			 specialists, field managers, and qualified experts who fail to meet the levels
			 of performance required by the qualification standards.
Statutory Authority:
				  RCW
				  76.09.040. 11-12-009, § 222-22-030,
				  filed 5/20/11, effective 6/20/11. Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.170 and
				  chapter
				  34.05 RCW. 94-01-134,
				  § 222-22-030, filed 12/20/93, effective 1/1/94. Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.050 and
				  chapter
				  34.05 RCW. 92-15-011,
				  § 222-22-030, filed 7/2/92, effective
				  8/2/92.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-22 - Watershed analysis › Section 222-22-045 - Cultural resources

Current through Register Vol. 24-14, July 15, 2024
(1) Any
			 watershed analysis initiated after July 1, 2005, is not complete unless the
			 analysis includes a completed cultural resource module. Cultural resources
			 module completeness is detailed in Appendix II of the module and includes
			 affected tribe(s) participation, appropriate team qualification, required maps
			 and forms, assessment of tribal and nontribal cultural resources, peer review
			 of assessment, management strategies based on causal mechanism reports from
			 synthesis, and agreement on the management strategies by affected tribes,
			 landowners and land managers on the field managers team and, where applicable,
			 the department of archaeology and historic preservation.
(2) When conducting a reanalysis of a
			 watershed analysis pursuant to WAC
			 222-22-090, the cultural
			 resources module is not required if the watershed analysis was approved by the
			 department prior to the date in subsection (1) of this section. However, the
			 board encourages use of the cultural resources module upon such
			 review.
(3) The department does not
			 review or approve cultural resources management strategies because their
			 implementation is voluntary. The department of archaeology and historic
			 preservation must be consulted and agree on all management strategies involving
			 sites registered on the department of archaeology and historic preservation's
			 archaeological and historic sites data base and all resources that require
			 mandatory protection under chapters 27.44 and
			 27.53 RCW.
(4) The cultural resources module may be
			 conducted as a stand-alone method separate from a watershed analysis to
			 identify, protect, and manage cultural resources. When used as a stand-alone
			 methodology:
(a) Selected components of the
			 methodology may be used as the participants deem necessary or the module may be
			 used in its entirety.
(b) The
			 methodology may be used at a variety of geographic scales and may be initiated
			 by tribes, land managers or landowners. Landowner or land manager initiation is
			 not limited by the minimum ownership threshold requirements in this chapter.
			 Nothing in this rule grants any person or organization initiating the cultural
			 resources module as a stand-alone method any right of entry onto private
			 property.
(c) Watershed analysis
			 notice requirements to the department do not apply.
(d) Participants are encouraged to engage
			 people that meet the minimum qualifications to conduct the module as set by
			 this chapter.
(e) In order for a
			 stand-alone module to be incorporated into a watershed analysis, the module
			 must have been conducted in accordance with the requirements of this
			 chapter.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-22 - Watershed analysis › Section 222-22-050 - Level 1 watershed resource assessment

Current through Register Vol. 24-14, July 15, 2024
(1) To begin a watershed resource assessment
			 on a WAU, the department acting under WAC
			 222-22-040(2) or
			 a forest landowner or owners acting under WAC
			 222-22-040(3) may assemble a level 1 resource assessment team consisting of analysts
			 qualified under WAC
			 222-22-030(1) or, at its option, may begin the watershed analysis as a level 2 resource
			 assessment under WAC
			 222-22-060. Each level 1 team
			 shall include persons qualified in the disciplines indicated as necessary in
			 the methodology, and should generally include a person or persons qualified in
			 the following:
(a) Forestry;
(b) Forest hydrology;
(c) Forest soil science or geology;
(d) Fisheries science;
(e) Geomorphology;
(f) Cultural anthropology; and
(g) Archaeology.
Any owner, and any cooperating group of owners, of ten percent
				or more of the nonfederal forest land acreage in the WAU and any affected
				Indian tribe shall be entitled to include one qualified individual to
				participate on the team at its own expense. The cultural resources module must
				include the participation of the affected Indian tribe(s). See board manual
				section 11, J. Cultural Resources Module, Introduction, 1)
Using this
				methodology in formal watershed analysis
.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-22 - Watershed analysis › Section 222-22-060 - Level 2 watershed resource assessment

Current through Register Vol. 24-14, July 15, 2024
(1) The department acting under WAC
			 222-22-040(2) or
			 forest landowner acting under WAC
			 222-22-040(3) may assemble a level 2 resource assessment team either to begin a watershed
			 analysis at a level 2 resource assessment or to review the level 1 resource
			 assessment on a WAU. The level 2 team shall consist of specialists qualified
			 under WAC
			 222-22-030(1).
			 Each level 2 team shall include persons qualified in the disciplines indicated
			 as necessary in the methodology, and should generally include a person or
			 persons qualified in the following:
(a)
			 Forestry;
(b) Forest
			 hydrology;
(c) Forest soil science
			 or geology;
(d) Fisheries
			 science;
(e)
			 Geomorphology;
(f) Cultural
			 anthropology; and
(g) Archaeology.
Any owner, and any cooperating group of owners, of ten percent
				or more of the nonfederal forest land acreage in the WAU and any affected
				Indian tribe shall be entitled to designate one qualified member of the team at
				its own expense. The cultural resources module must include the participation
				of the affected Indian tribe(s). See board manual section 11, J. Cultural
				Resources Module, Introduction, 1)
Using this methodology in formal
				watershed analysis
.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-22 - Watershed analysis › Section 222-22-070 - Prescriptions and management strategies

Current through Register Vol. 24-14, July 15, 2024
(1) For each WAU for which a watershed
			 analysis is undertaken, the department acting under WAC
			 222-22-040(2) or
			 forest landowner acting under WAC
			 222-22-040(3) shall assemble a team of field managers qualified under WAC
			 222-22-030(1).
			 The team shall include persons qualified in the disciplines indicated as
			 necessary in watershed analysis methods, and shall generally include a person
			 or persons qualified in the following:
(a)
			 Forest resource management;
(b)
			 Forest harvest and road systems engineering;
(c) Forest hydrology;
(d) Fisheries science or
			 management;
(e) Cultural
			 anthropology and/or archaeology, depending on the cultural resources identified
			 in the assessment.
Any owner, and any cooperating group of owners, of ten percent
				or more of the nonfederal forest land acreage in the WAU and any affected
				Indian tribe shall be entitled to include one qualified individual to
				participate on the team at its own expense. The cultural resources module must
				include the participation of the affected Indian tribe(s). See board manual
				section 11, J. Cultural Resources Module, Introduction, 1)
Using this
				methodology in formal watershed analysis
.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-22 - Watershed analysis › Section 222-22-075 - Monitoring

Current through Register Vol. 24-14, July 15, 2024
*In connection with any watershed analysis that is not a
				reanalysis under WAC
				222-22-090, the monitoring module
				will be required to be completed but implementation of monitoring
				recommendations would be voluntary unless otherwise required by existing laws
				and rules, or required by an HCP implementation agreement. Implementation of
				the monitoring recommendations will be encouraged when needed as part of the
				statewide effectiveness monitoring program.
Statutory Authority:
				  RCW
				  76.09.040. 11-12-009, § 222-22-075,
				  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, § 222-22-075, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-22 - Watershed analysis › Section 222-22-076 - *Restoration

Current through Register Vol. 24-14, July 15, 2024
Restoration opportunities will also be identified based on the
				watershed resource assessment. Implementation of restoration opportunities will
				be voluntary.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-22-076, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-22 - Watershed analysis › Section 222-22-080 - *Approval of watershed analysis

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt
			 of the recommended prescriptions and management strategies resulting from a
			 level 1 assessment under WAC 222-22-050, a level 2 assessment under WAC
			 222-22-060, or a reanalysis under WAC 222-22-090, the department shall select
			 prescriptions. The department shall circulate the draft watershed analysis to
			 the departments of ecology and fish and wildlife, affected Indian tribes, local
			 governmental entities, forest landowners in the WAU, and the public for review
			 and comment. The prescriptions recommended by the field managers' team shall be
			 given substantial weight. Within thirty days of receipt of the recommended
			 prescriptions and management strategies, the department shall review comments,
			 revise the watershed analysis as appropriate, and approve or disapprove the
			 watershed analysis for the WAU.
*
			 (2) The department should notify any governmental
			 agency or Indian tribe having jurisdiction over activities which are not
			 regulated under chapter 76.09 RCW but which are identified in the draft
			 analysis as having a potential for an adverse impact on identified fish, water,
			 capital improvements of the state or its political subdivisions, or cultural
			 resources.
* (3) The department
			 shall approve the draft watershed analysis unless it finds:
(a) For any level 1 assessment or level 2
			 assessment, that:
(i) The team failed in a
			 material respect to apply the methodology, indices of resource condition, or
			 checklists set forth in the manual; or
(ii) A team meeting the criteria promulgated
			 by the department and using the defined methodologies, indices of resource
			 conditions, and checklists set forth in the manual could not reasonably have
			 come to the conclusions identified in the draft level 1 or level 2 assessment;
			 and
(b) The prescriptions
			 will not accomplish the purposes and policies of this chapter and chapter 76.09
			 RCW.
(c) In making its findings
			 under this subsection, the department shall take into account its ability to
			 revise assessments under WAC 222-22-090.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-22 - Watershed analysis › Section 222-22-090 - Use, review, and reanalysis of a watershed analysis

Current through Register Vol. 24-14, July 15, 2024
(1) Where a watershed analysis has been
			 completed and approved for a WAU under this chapter:
(a) Any landowner within the WAU may apply
			 for a multiyear permit to conduct forest practices according to the watershed
			 analysis prescriptions. This permit is not renewable if a reanalysis is found
			 necessary by the department under subsection (6) of this section and either the
			 reanalysis has not been completed and approved or the department has rescinded
			 the prescriptions.
(b) Nonmultiyear
			 forest practices applications and notifications submitted to the department
			 shall indicate whether an area of resource sensitivity will be affected and, if
			 so, which prescription the operator, timber owner, or forest landowners shall
			 use in conducting the forest practice in the area of resource
			 sensitivity;
(c) The department
			 shall assist operators, timber owners, and forest landowners in obtaining
			 governmental permits required for the prescription. See WAC
			 222-50-020 and
			 222-50-030;
(d) The department shall confirm that the
			 prescription selected under (a) and (b) of this subsection was one of the
			 prescriptions approved for the area of resource sensitivity under WAC
			 222-22-080 and shall require the
			 use of the prescription; and
(e)
			 The department shall not further condition forest practices applications and
			 notifications in an area of resource sensitivity in a WAU where the applicant
			 will use a prescription contained in the watershed analysis nor shall the
			 department further condition forest practices applications and notifications
			 outside an area of resource sensitivity in a WAU, except:
(i) For reasons other than the watershed
			 processes and fish, water, and capital improvements of the state or its
			 political subdivisions analyzed in the watershed analysis in the WAU;
			 or
(ii) To correct mapping errors,
			 misidentification of soils, landforms, vegetation, or stream features, or other
			 similar factual errors.