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Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-22 - Watershed analysis › Section 222-22-100 - Application review prior to watershed analysis

Current through Register Vol. 24-14, July 15, 2024
*The watershed analysis system established in this chapter is a
				principal methodology for assessing the effects on fish, water, and capital
				improvements of the state or its political subdivisions of two or more forest
				practices. Recognizing that it will not be possible to achieve statewide
				implementation of the analysis process for all WAUs for some time, the board
				hereby establishes certain interim regulatory measures pending watershed
				analysis on a given WAU. These measures are designed to ensure use of the best
				available analysis techniques and existing authorities to protect fish, water,
				and capital improvements of the state or its political subdivisions.
(1) The department shall continue to use its
			 implementation and enforcement authority to prevent damage to fish, water, and
			 capital improvements of the state or its political subdivisions. See chapter
			 222-46 WAC.
(2) The department
			 shall condition the size of clearcut harvest applications in the significant
			 rain-on-snow zone where the department determines, using local evidence, that
			 peak flows have resulted in material damages to public resources. The
			 department may prepare conditioning guidelines to assess and condition
			 applications located in a significant rain-on-snow zone.
(a) Each year not later than August 31, the
			 department shall provide a summary report of actions taken under rain-on-snow
			 conditioning or conditioning guidelines to the appropriate board
			 committee.
(b) Such conditioning
			 authority shall expire upon completion of watershed analysis in a
			 WAU.
(c) Nothing in this section
			 shall require a watershed analysis to develop harvest size
			 recommendations.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-23 - Rivers and habitat open space program › Section 222-23-010 - Policy and definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
Policy.
The legislature determined that it is in the public
			 interest to acquire (by purchase or donation) conservation easements on forest
			 lands within unconfined channel migration zones and forest lands containing a
			 critical habitat for threatened or endangered species as designated by the
			 board. The rivers and habitat open space program (formerly known as the
			 riparian open space program), established in
			 RCW
			    76.09.040, is for these forest lands
			 voluntarily enrolled by the landowner. The department may acquire a permanent
			 conservation easement over such lands. The purpose of this program, which will
			 be administered by the department, is to provide for ecological protection and
			 fisheries and wildlife enhancement. This chapter implements the rivers and
			 habitat open space program (hereinafter referred to in this chapter as
			 "program"). In any circumstance where qualifying channel migration zone lands
			 or qualifying critical habitat lands are not acquired by the department through
			 a conservation easement, the landowner may elect to develop a management option
			 for the lands in cooperation with the department, other agencies and affected
			 Indian tribes.
(2)
Definitions.
The following definitions apply to this chapter:
(a) "Qualifying channel migration zone (CMZ)
			 lands" means those forest lands located within an unconfined channel migration
			 zone. Qualifying CMZ lands are eligible for easement acquisition if they meet
			 the standards in WAC
			 222-23-020(5).
(i) An "unconfined channel migration zone"
			 means the area within which the active channel of an unconfined stream is prone
			 to move and where the movement would result in a potential near-term loss of
			 riparian forest adjacent to the stream. A merchantable stand of timber may
			 exist within the zone and is considered a part of the channel migration zone.
			 The unconfined channel migration zone does not include areas that are
			 permanently restricted from channel movement by a dike or levee.
(ii) An "unconfined stream" is generally:
(A) A fifth order or larger water;
(B) Less than two percent gradient;
			 and
(C) Found in a valley more than
			 four times wider than the bankfull width of the channel.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-23 - Rivers and habitat open space program › Section 222-23-020 - Submitting and processing of applications for the rivers and habitat open space program

Current through Register Vol. 24-14, July 15, 2024
(1)
Rivers
			 and habitat open space application.
An owner or owners of qualifying
			 lands may apply to the department to place the qualifying CMZ lands or
			 qualifying critical habitat lands within the program. The department will
			 accept or reject the program application based on eligibility for an easement
			 acquisition. The application for the program shall be in writing on a form
			 provided by the department. The application shall contain information the
			 department determines is necessary to assess whether the land qualifies for the
			 program, as well as the following information (see board manual section 18 for
			 details):
(a) A description of the methods
			 the landowner used to propose that the land meets the eligibility for easement
			 acquisition criteria;
(b) A
			 statement indicating the landowner's desire to place the land covered by the
			 application within the program and whether the landowner wishes to grant a
			 conservation easement to the state on both land and trees or in trees
			 only;
(c) Whether the landowner
			 wishes to receive the statutory compensation for the conveyance or wishes to
			 donate the qualifying lands;
(d)
			 Whether the landowner is aware of the presence of any hazardous substances on
			 the lands;
(e) A statement
			 affirming that the person or persons submitting the application stating they
			 are the landowner and believes that the information contained in the
			 application and its supporting materials is true and complete.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-23 - Rivers and habitat open space program › Section 222-23-025 - Priorities for conveyances and funding - Use of lands conveyed

Current through Register Vol. 24-14, July 15, 2024
(1)
Priorities
			 for conveyances and funding.
The department shall rate, rank, and fund
			 eligible CMZ applications separately from eligible critical habitat
			 applications based on conservation benefits and landowner management options.
			 See board manual section 18 for the rating, ranking and funding details for
			 qualifying lands. The department will consult with representatives of affected
			 Indian tribes, department of fish and wildlife, and department of ecology as
			 necessary for technical expertise.
(2)
Use and management of lands and
			 easement interests acquired under rivers and habitat open space program.
Subject to the exceptions set forth in this subsection (or as otherwise
			 provided in the easement documents), the lands subject to the conservation
			 easements under this chapter shall be managed by the department only in a
			 manner necessary for ecological protection, and fisheries and wildlife
			 enhancement. The easements under the program shall not create a right of public
			 access to or across adjoining or other lands owned by the landowner granting an
			 easement.
(3)
Transfer of
			 easement interest or management responsibility.
After acquisition of an
			 easement interest in qualifying lands, the department may transfer its interest
			 in such lands by a recorded instrument to another state agency, a local
			 governmental entity within which the lands lie, or a private nonprofit nature
			 conservancy corporation (as defined in
			 RCW
			    64.04.130). Alternatively, the department
			 may contract with one or more of the foregoing entities to exercise the
			 department's management authority over the qualifying lands. Any such contract
			 will include provisions fully advising the contracting party of the rights of
			 the landowner under this chapter and the conveyance instrument. The department
			 shall notify the landowner of any transfer of its interest in the qualifying
			 lands or any transfer of management responsibilities over those lands, provided
			 that failure to so notify the landowner shall not affect the validity of the
			 transfer.
Statutory Authority:
				  RCW
				  76.09.040. 11-12-009, § 222-23-025,
				  filed 5/20/11, effective 6/20/11; 05-12-119, § 222-23-025, 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, § 222-23-025, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-23 - Rivers and habitat open space program › Section 222-23-030 - Conveyance forms and procedure

Current through Register Vol. 24-14, July 15, 2024
(1)
Conservation easement.
Conveyances of a conservation easement shall be through execution by the
			 landowner and the department of a conservation easement in a form acceptable to
			 the department and the landowner. The easement shall be perpetual and not for a
			 term of years. The easement will include terms reasonably necessary and
			 appropriate to the circumstances of the particular lands involved. Prior to
			 closing, the landowner shall procure a preliminary title insurance report from
			 a title company, provided that in the case of an easement being donated to the
			 department, the department shall pay the cost of the report.
(2)
Description standards.
The
			 description of the qualifying lands being conveyed shall be a legal land survey
			 description unless the cost of securing the survey would be unreasonable in
			 relation to the value of the lands conveyed. When the department determines a
			 survey need not be performed, the description shall be in the form that can
			 depict the location of the lands conveyed without relying on verbal evidence,
			 or another form acceptable to the department.
(3)
Closing and recording.
Upon
			 execution of the conveyance documents and other documents required for closing,
			 the department shall pay any compensation owed to the landowner and record the
			 conveyance documents. The department shall pay the recording fees. No
			 compensating taxes under chapters 84.33 and
			 84.34 RCW shall be owed. Title
			 insurance premiums and any real estate excise tax owed shall be paid by the
			 landowner conveying the easement.
(4)
Internal department of natural
			 resources procedure for review of decisions.
Certain decisions of the
			 department pursuant to this chapter may be appealed to the supervisor of the
			 department or his or her designee. Any person that wishes to appeal final
			 written decisions of the department pertaining to the following procedural
			 determinations: Application eligibility, application prioritization, easement
			 valuation, and related decisions made may submit a request for review within
			 thirty days after the date of the department's final written notice of
			 procedural determination. The request for review must identify the issue being
			 raised and provide any supporting documentation. The supervisor will issue a
			 written response within thirty days. The supervisor's written response shall
			 constitute the department's final decision.
Statutory Authority:
				  RCW
				  76.09.040. 11-12-009, § 222-23-030,
				  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, § 222-23-030, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-015 - Construction in wetlands

Current through Register Vol. 24-14, July 15, 2024
(1) In
			 order to assure that there is no net loss of wetland function, all road and
			 landing construction near or within wetlands must be conducted so that
			 selection of choices are made in the following order with avoidance being the
			 most preferred and replacement being the least preferred alternative:
(a) Avoid impacts by selecting the least
			 environmentally damaging landing location, road location and road length.
			 Landowners must attempt to minimize road length concurrently with the attempt
			 to avoid wetlands; or
(b) Minimize
			 impacts by reducing the subgrade width, fill acreage and spoil areas;
			 or
(c) Restore affected areas by
			 removing temporary fills or road sections upon the completion of the project;
			 or
(d) Reduce or eliminate impacts
			 over time by preserving or maintaining areas; or
(e) Replace affected areas by creating new
			 wetlands or enhancing existing wetlands.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-020 - Road location and design

Current through Register Vol. 24-14, July 15, 2024
(1)
Fit the
road to the
			 topography so that a minimum of alterations to the natural features will
			 occur.
(2) Except for crossings,
			 new stream-adjacent parallel roads shall not be located within natural drainage
			 channels, channel migration zones, sensitive sites, equipment limitation zones,
			 and riparian management zones when there would be substantial loss or damage to
			 fish or wildlife habitat unless the department has determined that other
			 alternatives will cause greater damage to public resources. Proposals with new
			 stream-adjacent parallel roads will require an on-site review by an
			 interdisciplinary team. The appropriate federal repre-sentative(s) will be
			 invited to attend the interdisciplinary team to determine if the proposal is in
			 compliance with the Endangered Species Act.
(3) Roads shall not be constructed in bogs or
			 low nutrient fens.
(4) Roads shall
			 not be located in wetlands if there would be substantial loss or damage to
			 wetland functions or acreage, unless the department has determined that
			 alternatives will cause greater damage to public resources.
(5) Minimize the number of stream
			 crossings.
(6) Where stream
			 crossings are necessary:
(a) Design stream
			 crossings to minimize alterations to natural features;
(b) Locate and design culverts to minimize
			 sediment delivery;
(c) Whenever
			 practical, cross streams at right angles to the main channel; and
(d) Design stream crossings in Type S and F
			 Waters so as not to impede fish passage at any life stage.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-026 - *Temporary roads

Current through Register Vol. 24-14, July 15, 2024
Temporary roads as defined in WAC
				222-16-010 shall:
(1) Be constructed in a manner to facilitate
			 closure and abandonment when the intended use is completed.
(2) Be designed to provide the same level of
			 protection for public resources as provided by the rules during the length of
			 its use.
(3) Be identified on the
			 forest practices application or notification, along with an abandonment date.
			 Abandonment must be accomplished under WAC
			 222-24-052 *(3) to the
			 specifications approved by the department by the date specified in the approved
			 forest practices application.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-24-026, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-030 - Road construction

Current through Register Vol. 24-14, July 15, 2024
(1)
Right of way timber
shall be removed or decked in suitable
			 locations where the decks will not be covered by fill material or act as
			 support for the fill or embankment.
(2)
In permanent road construction, do
			 not bury:
(a) Loose stumps, logs or
			 chunks if they will contribute more than 5 cubic feet in the load-bearing
			 portion of the road.
(b) Any
			 significant amount of organic debris within the top 2 feet of the load-bearing
			 portion of the road.
(c) Excessive
			 accumulation of debris or slash in any part of the load-bearing portion of the
			 road fill.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-035 - Landing location and construction

Current through Register Vol. 24-14, July 15, 2024
(1)
Landing location:
Locate landings to prevent potential or actual damage to public
				resources. Avoid excessive excavation and filling. Landings shall not be
				located within natural drainage channels, channel migration zones, RMZ core and
				inner zones, Type Np RMZs, sensitive sites, equipment limitation zones, and
				Type A or B Wetlands or their wetland management zones. Minimize placement and
				size of landings within forested wetlands. (See WAC
				222-24-015, Construction in
				wetlands.)
(2)
Landing construction.
(a)
			 Landings requiring sidecast or fill shall be no larger than reasonably
			 necessary for safe operation of the equipment expected to be used.
(b) Where the slopes exceed 60 percent, fill
			 material used in construction of landings shall be free from loose stumps and
			 excessive accumulations of slash and shall be mechanically compacted where
			 necessary and practical in layers by tractor to prevent soil erosion and mass
			 soil movement. Chemical compacting agents may be used in accordance with WAC
			 222-38-020.
(c) Truck roads, skid trails, and fire trails
			 shall be outsloped or cross drained uphill of landings and the water diverted
			 onto the forest floor away from the toe of any landing fill.
(d) Landings shall be sloped to minimize
			 accumulation of water on the landing.
(e) Excavation material shall not be sidecast
			 where there is high potential for material to enter wetland management zones or
			 within the bankfull width of any stream or the 100-year flood level of any
			 typed water.
(f) All spoils shall
			 be located outside of Type A and Type B Wetlands and their wetland management
			 zones. Spoils shall not be located within the boundaries of forested wetlands
			 without written approval of the department and unless a less environmentally
			 damaging location is unavailable. No spoil area greater than 0.5 acre in size
			 shall be allowed within wetlands. (See WAC
			 222-24-015, Construction in
			 wetlands.)
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-038 - *Preapplication consultation and road-related forest practices hydraulic projects

Current through Register Vol. 24-14, July 15, 2024
Landowners contemplating forest practices hydraulic projects
				related to road construction and maintenance are encouraged to consult with the
				department and the department of fish and wildlife prior to submitting an
				application to help ensure that project plans and specifications meet fish
				protection standards.
Statutory Authority:
				RCW
				76.09.040(3). WSR 13-21-032,
				§ 222-24-038, filed 10/8/13, effective 12/30/13. WSR 13-21-003, §
				222-24-038, filed 10/3/2013, effective
				11/3/2013
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-040 - *Water crossing structures for all typed waters

Current through Register Vol. 24-14, July 15, 2024
(1) Bridges are required for new crossings
			 and reconstructed crossings of any typed waters regularly used for recreational
			 boating.
(2) Structures containing
			 concrete must be sufficiently cured prior to contact with water.
(3) One end of each new or reconstructed
			 permanent log or wood bridge shall be tied or firmly anchored if any of the
			 bridge structure is within ten vertical feet of the 100-year flood
			 level.
(4) Alterations or
			 disturbance of the stream bed, bank or bank vegetation must be limited to that
			 necessary to construct the project. All disturbed areas must be stabilized and
			 restored according to the recommended schedule and procedures found in board
			 manual section 5. This requirement may be modified or waived by the department,
			 in consultation with the department of fish and wildlife, if precluded by
			 engineering or safety factors.
(5)
			 When earthen materials are used for bridge surfacing, only clean sorted gravel
			 may be used, a geotextile lining must be installed and curbs of sufficient size
			 shall be installed to a height above the surface material to prevent surface
			 material from falling into the stream bed.
(6) Wood removed from the upstream end of
			 culverts and bridges will be placed at the downstream end of such culverts and
			 bridges in such a way as to minimize obstruction of fish passage and to the
			 extent practical, while avoiding significant disturbance of sediment in
			 connection with maintenance activities.
(7) Fords.
(a) New ford construction requires a forest
			 practices application.
(b) The
			 entry and exit points of a new ford must not be within one hundred feet
			 upstream or downstream of another ford.
(c) The following activities associated with
			 established fords require a forest practices application:
(i) Ford repair with equipment or
			 construction work waterward of the ordinary high water line;
(ii) Driving a vehicle or operating equipment
			 on or across wetted stream beds at areas other than established
			 fords.
(d) Driving a
			 vehicle or operating equipment on or across an established ford does not
			 require a forest practices application.
"Established ford"
means a
			 crossing place in a watercourse that was in existence and annually used prior
			 to 1986 or subsequently permitted by the department of fish and wildlife or the
			 department, and has identifiable approaches on the banks.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-042 - *Water crossing structures in Type Np and Ns Waters

Current through Register Vol. 24-14, July 15, 2024
(1)*
Bridges over Type Np and Ns
			 Waters.
In addition to the applicable general provisions in WAC
			 222-24-040, the installation,
			 maintenance, and removal of permanent bridges in or across Type Np and Ns
			 Waters are subject to the following:
(a)
			 Permanent bridges must not constrict clearly defined channels and must be
			 designed and installed to pass the 100-year flood. The bridge and its
			 associated embankments and fills must provide sufficient erosion protection to
			 withstand a 100-year flood event.
(b) Excavation for and placement of the
			 bridge foundation and superstructure must be located and conducted from outside
			 the outer edge of the bankfull width. This requirement may be waived by the
			 department if it can be demonstrated that these activities may be conducted in
			 such a manner to prevent damage to public resources.
(c) Earthen embankments constructed for use
			 as bridge approaches must be provided with sufficient erosion protection to
			 withstand a 100-year flood event.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-044 - *Temporary bypass culverts, flumes, or channels

Current through Register Vol. 24-14, July 15, 2024
Temporary bypass culvert, flume, or channel 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
				temporary bypass culvert, flume, or channel projects:
(1) The temporary bypass culvert, flume, or
			 channel shall be in place prior to initiation of other work in the wetted
			 perimeter.
(2) A sandbag revetment
			 or similar device shall be installed at the inlet to divert the entire flow
			 through the culvert, flume, or channel.
(3) A sandbag revetment or similar device
			 shall be installed at the downstream end of the culvert, flume, or channel to
			 prevent backwater from entering the work area.
(4) The culvert, flume, or channel shall be
			 of sufficient size to pass flows and debris for the duration of the
			 project.
(5) For diversion of flow
			 into a temporary channel the relevant provisions of WAC 222-110-080, channel
			 change/ realignment, shall apply.
(6) Prior to releasing the water flow to the
			 project area, all bank protection or armoring shall be completed. See board
			 manual section 5 for project site preparation best management
			 practices.
(7) Upon completion of
			 the project, all material used in the temporary bypass shall be removed from
			 the site and the site returned to preproject conditions.
(8) The department may require fish capture
			 and safe transport from the project site to the nearest free-flowing water if
			 fish could be adversely impacted as a result of the project. The department of
			 fish and wildlife may assist in capturing and safely removing fish to
			 free-flowing water if personnel are available.
(9) Alteration or disturbance of the banks
			 and bank vegetation shall be limited to that necessary to construct the
			 project. All disturbed areas shall be protected from erosion within seven days
			 of completion of the project using vegetation or other means. The banks shall
			 be revegetated with native or other approved woody species, or stabilized with
			 other approved erosion control techniques, and maintained as necessary to
			 ensure survival. See board manual section 5 for technical guidance.
Statutory Authority:
				RCW
				76.09.040(3). WSR 13-21-032,
				§ 222-24-044, filed 10/8/13, effective 12/30/13. WSR 13-21-003, §
				222-24-044, filed 10/3/2013, effective
				11/3/2013
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-046 - *Bank protection

Current through Register Vol. 24-14, July 15, 2024
Bio-engineering is the preferred method of bank protection
				where practical. Bank protection 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 bank protection
				projects:
(1) Bank protection work
			 shall be restricted to work necessary to protect eroding banks.
(2) Bank protection material placement
			 waterward of the ordinary high water line shall be restricted to the minimum
			 amount necessary to protect the toe of the bank, or for installation of
			 mitigation features approved by the department.
(3) The toe shall be designed to protect the
			 integrity of bank protection material.
(4) Bank sloping shall be accomplished in a
			 manner that avoids release of overburden material into the water. Overburden
			 material resulting from the project shall be deposited so as not to reenter the
			 water.
(5) Alteration or
			 disturbance of the bank and bank vegetation shall be limited to that necessary
			 to construct the project. All disturbed areas shall be protected from erosion
			 within seven days of completion of the project using vegetation or other means.
			 The banks, including riprap areas, shall be revegetated with native or other
			 approved woody species, or stabilized with other approved erosion control
			 techniques, and maintained to ensure survival. See board manual section 5 for
			 technical guidance.
(6) Fish
			 habitat components such as logs, stumps, and/or large boulders may be required
			 as part of the bank protection project to mitigate project impacts. These fish
			 habitat components shall be installed according to an approved design to
			 withstand 100-year peak flows.
(7)
			 When rock or other hard materials are approved for bank protection, the
			 following provisions shall apply:
(a) Bank
			 protection material shall be angular rock. The project shall be designed and
			 the rock installed to withstand 100-year peak flows. River gravels shall not be
			 used as exterior armor, except as specifically approved by the
			 department.
(b) Bank protection and
			 filter blanket material shall be placed from the bank or a barge. Dumping onto
			 the bank face shall be permitted only if the toe is established and the
			 material can be confined to the bank face.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-051 - *Large forest landowner road maintenance schedule

Current through Register Vol. 24-14, July 15, 2024
All forest roads must be included in an approved road
				maintenance and abandonment plan by July 1, 2006. This includes all roads that
				were constructed or used for forest practices after 1974. Inventory and
				assessment of orphan roads must be included in the road maintenance and
				abandonment plans as specified in WAC
				222-24-052(4).
(1) Landowners must maintain a schedule of
			 submitting plans to the department that cover 20% of their roads or land base
			 each year.
(2) For those portions
			 of their ownership that fall within a watershed administrative unit covered by
			 an approved watershed analysis plan, chapter 222-22 WAC, landowners may follow
			 the watershed administrative unit-road maintenance plan, providing the roads
			 they own are covered by the plan. A proposal to update the road plan to meet
			 the current road maintenance standards must be submitted to the department for
			 review on or before the next scheduled road maintenance plan review. If annual
			 reviews are not required as part of the watershed analysis road plan, the plan
			 must be updated by October 1, 2005. All roads in the planning area must be in
			 compliance with the current rules by October 31, 2016 or by the extension
			 deadline approved by the department under subsection (8) of this
			 section.
(3) Plans will be
			 submitted by landowners on a priority basis. Road systems or drainages in which
			 improvement, abandonment or maintenance have the highest potential benefits to
			 the public resource are the highest priority. Based upon a "worst first"
			 principle, work on roads that affect the following are presumed to be the
			 highest priority:
(a) Basins containing, or
			 road systems potentially affecting, waters which either contain a listed
			 threatened or endangered fish species under the federal or state law or a water
			 body listed on the current 303(d) water quality impaired list for road related
			 issues.
(b) Basins containing, or
			 road systems potentially affecting, sensitive geology/soils areas with a
			 history of slope failures.
(c) Road
			 systems or basins where other restoration projects are in progress or may be
			 planned coincident to the implementation of the proposed road plan.
(d) Road systems or basins likely to have the
			 highest use in connection with future forest practices.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-0511 - *Small forest landowner road maintenance planning

Current through Register Vol. 24-14, July 15, 2024
(1) Small forest landowners who own a total
			 of eighty acres or less forest land in Washington state are not required to
			 submit any road maintenance and abandonment plan for any block of forest land
			 that contains twenty contiguous acres or less.
(2) Small forest landowners other than those
			 described in subsection (1) of this section, are only required to submit a
			 checklist road maintenance and abandonment plan when they submit a forest
			 practices application or notification that includes timber harvest or salvage.
			 The checklist must include all their forest roads that are used for the forest
			 practice. Instead of a checklist, landowners may submit a road maintenance and
			 abandonment plan as described in WAC
			 222-24-051 with the following
			 modifications:
. They are not required to submit an annual report.
. If they participate in the family forest fish passage
				program, they may schedule their barrier projects accordingly.
(3) Forest roads must be maintained only to
			 the extent necessary to prevent damage to public resources.
(4) If the department determines that a road
			 will cause or has the potential to cause damage to a public resource, the
			 department may require the applicant to submit a compliance schedule of work to
			 fix the problem(s) identified by the department.
(5) Fish passage barriers will be assessed on
			 a watershed basis focusing on fixing the worst barriers first.
(a) The department's family forest fish
			 passage program is available to assist with the removal, replacement, or repair
			 of fish passage barriers that were installed prior to May 14, 2003. The program
			 includes limits on landowner costs and the opportunity for in-kind
			 contributions. One hundred percent public funding shall be provided if an
			 existing barrier was installed under an approved forest practices applica-tion
			 or a hydraulics project approval acquired prior to December 29, 2013, and that
			 barrier becomes a high priority for replacement.
(b) Small forest landowners who participate
			 in the family forest fish passage program are not required to remove, replace
			 or repair barriers until cost share funding is available and higher priority
			 barriers on lands within the watershed have been removed or funded. Small
			 forest landowners participating in the program may make use of prioritization
			 without any obligations to receive funding from the program.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-052 - Road maintenance

Current through Register Vol. 24-14, July 15, 2024
(1)
Forest roads.
Forest roads are defined in WAC
			 222-16-010. To the extent
			 necessary to prevent potential or actual damage to public resources, the
			 following maintenance shall be conducted on forest roads, except as addressed
			 in subsections *(5) and *(6) of this section:
(a) Drainage structures shall be kept
			 functional.
(b) Groundwater that
			 has been captured by ditchline must be diverted onto stable portions of the
			 forest floor by using ditchouts, culverts or drivable dips.
(c) Road surface must be maintained as
			 necessary to:
(i) Minimize erosion of the
			 surface and the subgrade; and
(ii)
			 Minimize direct delivery of surface water to typed water; and
(iii) Minimize sediment entry to typed water;
			 and
(iv) Direct any groundwater
			 that is captured by the road surface onto stable portions of the forest
			 floor.
(d) During and on
			 completion of the following operations, the road surface shall be crowned,
			 outsloped, or water barred and berms removed from the outside edge except those
			 intentionally constructed for protection of fills:
(i) Log, pulp, chip, or specialized forest
			 product haul;
(ii) Rock haul;
			 and
(iii) Road building.
(e) Before the first winter rainy
			 season following termination of operations, drainage structures must be cleared
			 and the road surface must be crowned, outsloped, water barred or otherwise left
			 in a condition which prevents accelerated erosion, interruption of water
			 movement within wetlands, mass wasting, or direct delivery of water or sediment
			 to a typed water. (See the board manual section 3 for specific
			 guidance.)
(f) Thereafter, except
			 as provided in (d) of this subsection, the landowner must clear or repair
			 ditches or drainage structures that are known or should be known to be
			 nonfunctional and causing or likely to cause material damage to a public
			 resource.
(g) The landowner will
			 not be liable for penalties or monetary damages, under the act, for damage
			 occurring from a condition brought about by public use, unless the landowner
			 fails to make repairs as directed by a notice to comply.
(h) During the regular course of road
			 maintenance on stream-adjacent parallel roads, down wood that is blocking
			 vehicle passage shall be placed on the side of the road closest to the adjacent
			 water.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-24 - Road construction and maintenance › Section 222-24-060 - Rock quarries, gravel pits, borrow pits, and spoil disposal areas

Current through Register Vol. 24-14, July 15, 2024
Not covered by the Surface Mine Reclamation Act of 1971
				(chapter 78.44 RCW).
(1)
Location of pits.
Except as approved by the department, rock
			 quarries and gravel pits opened after January 1, 1975 shall be located above
			 the 100-year flood level.
(2)
Location of spoil disposal areas.
Except as approved by the
			 department, spoil disposal areas shall be located:
(a) Above the 100-year flood level.
(b) Where the final slope after disposal will
			 be no steeper than 1 1/2:1.
(c)
			 Where practical, on areas having low potential timber productivity.
(d) Where the risk of sediment delivery from
			 soil erosion and/or mass soil movement is minimal.
(e) All spoils shall be placed to allow
			 drainage without additional water ponding.
(f) All spoils shall be located outside of
			 Type A and Type B Wetlands and their wetland management zones. Spoils shall not
			 be located within the boundaries of forested wetlands without written approval
			 of the department and unless a less environmentally damaging location is
			 unavailable. No spoil area greater than 0.5 acre in size shall be allowed
			 within wetlands. (See WAC
			 222-24-015.)
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-010 - Policy - Timber harvesting

Current through Register Vol. 24-14, July 15, 2024
(1)
			 This chapter covers all removal of timber from forest lands in commercial
			 operations, commercial thinning, salvage of timber, relogging merchantable
			 material left after prior harvests, postharvest cleanup, and clearing of
			 merchantable timber from lands being converted to other uses. It does not cover
			 removal of incidental vegetation or removal of firewood for personal use. To
			 the extent practicable, the department shall coordinate activities using a
			 multiple disciplinary planning approach.
(2) The goal of riparian rules is to protect
			 aquatic resources and related habitat to achieve restoration of riparian
			 function; and the maintenance of these resources once they are
			 restored.
(3) The rules provide for
			 the conversion and/or treatment of riparian forests which may be understocked,
			 overstocked or uncharacteristically hardwood dominated while maintaining
			 minimum acceptable levels of function on a landscape scale. The diversity of
			 riparian forests across the landscapes is addressed by tailoring riparian
			 prescriptions to the site productivity and tree community at any
			 site.
(4) Wetland areas serve
			 several significant functions in addition to timber production: Providing fish
			 and wildlife habitat, protecting water quality, moderating and preserving water
			 quantity. Wetlands may also contain unique or rare ecological systems. The
			 wetland management zone and wetland requirements specified in this chapter are
			 designed to protect these wetland functions when measured over the length of a
			 harvest rotation, although some of the functions may be reduced until the
			 midpoint of the timber rotation cycle. Landowners are encouraged to voluntarily
			 increase wetland acreage and functions over the long-term. Other laws or 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, § 222-30-010, 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,
				  § 222-30-010, filed 7/2/92, effective 8/2/92. Statutory Authority:
				  RCW
				  76.09.040. 88-19-112 (Order 551, Resolution
				  No. 88-1), § 222-30-010, filed 9/21/88, effective 11/1/88. Statutory
				  Authority:
				  RCW
				     76.09.040 and
				  76.09.050. 82-16-077 (Resolution
				  No. 82-1), § 222-30-010, filed 8/3/82, effective 10/1/82; Order 263,
				  § 222-30-010, filed 6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-020 - *Harvest unit planning and design

Current through Register Vol. 24-14, July 15, 2024
(1)
Preapplication consultation and harvest-related forest practices
			 hydraulic projects.
(a) Landowners
			 contemplating forest practices hydraulic projects related to timber harvest are
			 encouraged to consult with the department and the department of fish and
			 wildlife prior to submitting an application to help ensure that project plans
			 and specifications meet fish protection standards.
(b) Harvest-related forest practices
			 hydraulic projects include, but are not limited to, projects associated with:
(i) Felling and bucking (WAC
			 222-30-050);
(ii) Cable yarding
			 (WAC 222-30-060); and
(iii) Large
			 woody material removal or repositioning (WAC 222-30-062).
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-025 - Even-aged harvest - Size and timing

Current through Register Vol. 24-14, July 15, 2024
Except as provided in WAC
				222-30-110, unit size and timing
				of timber harvesting by even-aged harvest methods is subject to the following
				requirements:
(1) Timber harvest which
			 would result in an area larger than one hundred twenty acres and smaller than
			 or equal to two hundred forty acres harvested by even-aged harvest methods on
			 land owned or controlled by one landowner shall be reviewed by an
			 interdisciplinary team, if the department determines that review is necessary.
			 The area harvested by even-aged harvest methods, for the purposes of this
			 subsection, shall be determined in accordance with subsection (3) of this
			 section.
(2) Timber harvest which
			 would result in an area larger than two hundred forty acres harvested by
			 even-aged harvest methods on land owned or controlled by one landowner shall be
			 prohibited. The area harvested by even-aged harvest method for the purposes of
			 this subsection shall be determined in accordance with subsection (3) of this
			 section.
(3) In calculating areas
			 harvested by even-aged harvest methods, the area harvested by even-aged harvest
			 methods shall include the acreage of that harvest unit and, all contiguous
			 acreage harvested by even-aged harvest methods which is owned or controlled by
			 the same landowner, except that acreage harvested by even-aged harvest methods
			 sharing 10% or less of the common perimeter with the harvest unit under
			 consideration shall not be considered contiguous for the purposes of this
			 section.
(4) Harvest units shall be
			 designed so that each harvest unit meets at least one of the following
			 criteria:
(a) At least thirty percent of the
			 unit's perimeter is in stands of trees that are thirty years of age or
			 older;
(b) At least sixty percent
			 of the unit's perimeter is in stands of trees that are fifteen years of age or
			 older; or
(c) At least ninety
			 percent of the unit's perimeter is in stands of trees that have survived on
			 site a minimum of five growing seasons or, if not, have reached an average
			 height of four feet.
Evaluation of unit perimeters is subject to the conditions
				specified in subsection (6) of this section.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-030 - Stream bank integrity

Current through Register Vol. 24-14, July 15, 2024
*In the RMZ core zone for Type S and F Waters and RMZs for Type
				Np Waters, the operator shall:
(1)
Avoid disturbing brush
and similar understory
			 vegetation;
(2)
Avoid
			 disturbing stumps
and root systems and any logs embedded in the
			 bank;
(3)
Leave high stumps
where necessary to prevent felled and bucked timber from entering the
			 water;
(4) Leave trees which
			 display large root systems embedded in the bank.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-30-030, filed 5/30/01, effective 7/1/01.
				  Statutory Authority:
				  RCW
				  76.09.040. 87-23-036 (Order 535), §
				  222-30-030, filed 11/16/87, effective 1/1/88; Order 263, § 222-30-030,
				  filed 6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-30 - Timber harvesting › Section 222-30-040 - Shade requirements to maintain water temperature

Current through Register Vol. 24-14, July 15, 2024
(1) Within the bull trout overlay, all
			 available shade will be retained within 75 feet from the edge of the bankfull
			 width or the outer edge of the CMZ (whichever is greater) along Type S or F
			 Waters. (See board manual, section 1.)
(2) Determination of adequate shade outside
			 the bull trout overlay. The temperature prediction method mentioned in
			 subsections (2) and (3) of this section shall be used to determine appropriate
			 shade levels along Type S and F Waters to prevent excessive water temperatures,
			 which may have detrimental impact on aquatic resources. No tree may be
			 harvested within 75 feet from the edge of the bankfull width or the outer edge
			 of the CMZ (whichever is greater) of any Type S or F Water if, according to the
			 methodology, that tree is providing shade to the stream necessary to maintain
			 compliance with temperature standards. If a landowner elects to remove any tree
			 within 75 feet of any Type S or F Water, the landowner must demonstrate, using
			 the methods in the board manual section 1, that the removal of the tree would
			 not be contrary to the restrictions of this subsection.
(3)
Temperature prediction
			 method.
In addition to the riparian management zone requirements, leave
			 trees shall be retained in riparian management zones on Type S and F Waters as
			 provided by the method described in the board manual which includes the
			 following considerations:
(a) Minimum shade
			 retention requirements; and
(b)
			 Regional water temperature characteristics; and
(c) Elevation; and
(d) Temperature criteria defined for stream
			 classes in chapter 173-201A WAC.