Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-040 - *Approval conditions

Current through Register Vol. 24-14, July 15, 2024
(1)
Whenever an approved
application authorizes a forest practices
			 activity which, because of soil condition, proximity to a water course or other
			 unusual factor, has a potential for causing material damage to a public
			 resource, as determined by the department, the applicant shall, when required
			 as a condition on the approved application, notify the department two business
			 days before the commencement of actual operations.
(2)
All approvals are
subject to
			 any conditions stipulated on the approved application and to any subsequent
			 additional requirements set forth in a stop work order or a notice to
			 comply.
(3)
Local
			 governmental entity conditions-Class IV-general applications.
(a)RCW
			    76.09.240(6) allows a local
			 governmental entity to exercise limited land use planning or zoning authority
			 on certain types of forest practices. This subsection is designed to ensure
			 that local governmental entities exercise this authority consistent with
			 chapter
			 76.09 RCW and the rules in
			 Title 222 WAC. The system provided for in this subsection is
			 optional.
(b) This subsection only
			 applies to applications on lands that are being converted to a use other than
			 commercial timber operations.
(c)
			 After determining that an application is Class IV-gen-eral, the department
			 shall transmit the applications to the appropriate local governmental entity
			 within two business days from the date the department officially receives the
			 application.
(d) The department
			 shall condition the application consistent with the request of the local
			 governmental entity if:
(i) The local
			 governmental entity has adopted a clearing and/or grading ordinance that
			 addresses the items listed in (e) of this subsection and requires a
			 permit;
(ii) The local governmental
			 entity has issued a permit under the ordinance in (i) that contains the
			 requested conditions; and
(iii) The
			 local governmental entity has entered into an interagency agreement with the
			 department consistent with WAC
			 222-50-030 addressing enforcement
			 of forest practices.
(e)
			 The local governmental entity conditions may only cover:
(i) The location and character of open space
			 and/or vegetative buffers;
(ii) The
			 location and design of roads;
(iii)
			 The retention of trees for bank stabilization, erosion prevention, and/or storm
			 water management; or
(iv) The
			 protection of critical areas designated pursuant to
			 chapter
			 36.70A RCW.
(f) The local governmental entity
			 shall file its conditions with the department within twenty-nine days of the
			 department's official receipt of the application or within fourteen business
			 days of the transmittal of the application to the local governmental entity or
			 one day before the department acts on the application, whichever is
			 later.
(g) The department shall
			 incorporate local governmental entity conditions consistent with this
			 subsection as conditions of the forest practices approval.
(h) Any exercise of local governmental entity
			 authority consistent with this subsection shall be considered consistent with
			 the forest practices rules in this chapter.