reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-0401 - *Alternate plans - Process

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Application. A landowner may submit an alternate plan that departs from the
			 specific provisions of chapters 222-22 through 222-38 WAC for any or all of the
			 activities described in the application. Alternate plans must be submitted with
			 a three-year, multiyear, or small forest landowner long-term application.
			 Alternate plans may support a single forest practices application or multiple
			 applications if the sites included in the plan have sufficient common physical
			 characteristics and elements to justify being considered together. See board
			 manual section 21.
(2) Plan
			 preparation. The landowner is responsible for preparing and submitting an
			 alternate plan. Small forest landowners may wish to seek the assistance of the
			 small forest landowner office. See WAC
			 222-12-0402.
(3) Contents of alternate plans. Alternate
			 plans must contain all of the following:
(a) A
			 map of the area covered, at a scale acceptable to the department showing the
			 location of any affected streams and other waters, wetlands, unstable slopes,
			 and existing roads. The map must also show the location of proposed road
			 construction, timber harvest, and other forest practices;
(b) A description of how the alternate plan
			 provides public resource protection to meet the approval standard, including a
			 description of the proposed alternate management strategy, prescriptions, and
			 where applicable, aquatic resource enhancements;
(c) A list of the forest practices rules that
			 the alternate management plan is intended to replace;
(d) Where applicable, descriptions of
			 monitoring and adaptive management strategies, including landowner plans for
			 annual performance reviews;
(e)
			 Where applicable, descriptions of an implementation schedule; and
(f) When multiple forest practices
			 applications are submitted with the same alternate plan or when an alternate
			 plan has been used for previous applications, justification that the sites
			 included in the plan share sufficient common physical characteristics and
			 elements to be considered together.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-0402 - *Assistance available for small forest landowners

Current through Register Vol. 24-14, July 15, 2024
(1) The small forest landowner office has
			 been established within the department to be a resource and focal point for
			 small forest landowner concerns and policies. The legislature recognized that
			 the further reduction in harvestable timber owned by small forest landowners
			 would further erode small forest landowners' economic viability and willingness
			 or ability to keep the lands in forestry use, and, therefore, reduced the
			 amount of habitat available for salmon recovery and conservation of other
			 aquatic resources. The legislature has directed that office to assist small
			 forest landowners in preparing alternate plans appropriate to small forest
			 landowners. See
			 RCW
			    76.13.100 and
			 76.13.110(3).
(2) Small forest landowners interested in
			 alternate plans are encouraged to contact the small forest landowner office for
			 assistance in preparing an alternate plan. The office may provide technical
			 assistance in understanding and using board manual section 21 for alternate
			 plans, assistance in developing an individualized alternate plan for the small
			 forest landowner, and facilitation of small forest landowner interactions with
			 the department, other state agencies, federal agencies, affected Indian tribes
			 and the interdisciplinary team that may review the small forest landowner's
			 alternate plan.
Statutory Authority:
				  RCW
				  76.09.040 and
				  76.09.370. 13-01-007, §
				  222-12-0402, filed 12/6/12, effective 1/6/13. Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.010(2)(d).
				  07-20-044, § 222-12-0402, 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, § 222-12-0402, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-0403 - *Cooperative development of guidelines for alternate plans

Current through Register Vol. 24-14, July 15, 2024
The department will develop the section for alternate plans
				(WAC 222-12-090(21)) 
				to submit to the board in cooperation with representatives of the small forest
				landowner office and advisory committee, the departments of ecology and fish
				and wildlife, United States Fish and Wildlife Service, National Marine
				Fisheries Service, and affected Indian tribes.
The manual should include:
(1) As required by
			 RCW
			    76.13.110(3), the small
			 forest landowner office recommendations for alternate plans or alternate
			 harvest restrictions that meet riparian functions while generally requiring
			 less costly regulatory prescriptions;
(2) The effectiveness of strategies for
			 meeting resource objectives and protecting public resources;
(3) Template prescriptions designed to meet
			 resource objectives to address common situations that are repeatedly addressed
			 in alternate plans or strategies to simplify the development of future plans or
			 strategies, including low impact situations and site-specific physical
			 features;
(4) Appropriate
			 recognition or credit for improving the condition of public resources;
			 and
(5) Criteria to assist the
			 department in determining whether a small forest landowner alternate plan
			 qualifies as a low impact alternate plan.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-12-0403, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-0404 - *Cooperation for effective alternate planning

Current through Register Vol. 24-14, July 15, 2024
The department will work cooperatively with associations
				representing the interests of large and small forest landowners to develop more
				efficient alternate planning guidance and processes. In pursuing greater
				efficiency and technical assistance, the department will consider:
(1) Successful alternate plans, and small
			 forest landowner alternate management strategies and processes that can be used
			 by other small forest landowners as examples of the plan development and
			 approval process;
(2) Auditing and
			 monitoring results;
(3) Maintaining
			 a list of technical experts available to landowners in preparing such plans;
			 and
(4) Partnerships between the
			 department and organizations supporting forest land stewardship
			 principles.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-12-0404, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-0405 - *Auditing and monitoring

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Audits. The department will conduct audits of landowner's compliance with the
			 terms of alternate plans. The department will specifically review and approve
			 each landowners scheduled performance reports, if a performance report is
			 required, by checking the reports themselves or by implementing a more
			 extensive audit involving field verification. The department audit program for
			 alternate plans will be designed to be consistent with the terms of any
			 agreements with the federal government regarding fish and water
			 quality.
(2) The small landowners
			 office is required by
			 RCW
			    76.13.110(3) to evaluate the
			 cumulative impact of alternate plans for small forest landowners on essential
			 riparian functions at the subbasin or watershed level. The department will
			 provide the result of this evaluation to the board.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-12-0405, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-041 - Use of approved state and federal conservation agreements for aquatic resources

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Forest practices consistent with an agreement described in subsection (3) below
			 are exempt from the forest practices rules in chapters 222-22 through 222-38
			 WAC if the following criteria are met:
(a) The
			 forest practices rule pertains to a species included within aquatic resources
			 and that species is covered by an agreement listed in subsection (3) below;
			 and
(b) The primary risk(s) to
			 public resources addressed by the forest practices rules (e.g., delivery of
			 sediment to waters from roads, harvest activities, or mass wasting events;
			 chemical contamination of waters; inadequate recruitment of large woody debris;
			 delivery of thermal energy to waters) is addressed in the agreement. The
			 agreement may address the risk using different prescriptions, approaches, or
			 timing than the forest practices rule.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-044 - Cooperative opportunities

Current through Register Vol. 24-14, July 15, 2024
The forest practices board recognizes and encourages
				collaborative efforts to build solutions to pressing forest practices issues.
				The forest practices board may at any time use this method to assist in
				assessing and recommending solutions to issues. The benefits of this method lie
				in the ability of disparate groups to use consensus processes to bring
				recommendations to the forest practices board. The board will continue to
				utilize collaborative efforts, such as the Timber, Fish, and Wildlife (TFW) or
				similar forum. Participants would ideally consist of representation by timber
				interests, environmental interests, state agencies, local government, federal
				agencies, tribal governments and other interested parties so long as the
				collaborative effort utilizes a consensus approach to resolving or addressing
				issues.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-12-044, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-045 - *Adaptive management program

Current through Register Vol. 24-14, July 15, 2024
In order to further the purposes of
				chapter
				76.09 RCW, the board has
				adopted and will manage a formal science-based adaptive management program
				(program), as set forth in WAC
				222-08-160(2).
				Refer to board manual section 22 for program guidance and further
				information.
(1)
Purpose:
The purpose of the program is to provide science-based recommendations and
			 technical information to assist the board in determining if and when it is
			 necessary or advisable to adjust rules and guidance for aquatic resources to
			 achieve resource goals and objectives. The board may also use this program to
			 adjust other rules and guidance. The goal of the program is to effect change
			 when it is necessary or advisable to adjust rules and guidance to achieve the
			 goals of the forests and fish report or other goals identified by the board.
			 There are three desired outcomes: Certainty of change as needed to protect
			 targeted resources; predictability and stability of the process of change so
			 that landowners, regulators and interested members of the public can anticipate
			 and prepare for change; and application of quality controls to study design and
			 execution and to the interpreted results.
(2)
Program elements:
By this
			 rule, the board establishes an active, ongoing program composed of the
			 following initial elements, but not to exclude other program elements as
			 needed:
(a)
Key questions and resource
			 objectives:
Upon receiving recommendations from the Timber/Fish/Wildlife
			 (TFW) policy committee, or similar collaborative forum, the board will
			 establish key questions and resource objectives and prioritize them.
(i) Projects designed to address the key
			 questions shall be established in the order and subject to the priorities
			 identified by the board.
(ii)
			 Resource objectives are intended to ensure that forest practices, either
			 singularly or cumulatively, will not significantly impair the capacity of
			 aquatic habitat to:
(A) Support harvestable
			 levels of salmonids;
(B) Support
			 the long-term viability of other covered species; or
(C) Meet or exceed water quality standards
			 (protection of beneficial uses, narrative and numeric criteria, and
			 antidegradation).
(iii)
			 Resource objectives consist of functional objectives and performance targets.
			 Functional objectives are broad statements regarding the major watershed
			 functions potentially affected by forest practices. Performance targets are the
			 measurable criteria defining specific, attainable target forest conditions and
			 processes.
(iv) Resource objectives
			 are intended for use in adaptive management, rather than in the regulatory
			 process. Best management practices, as defined in the rules and manual, apply
			 to all forest practices regardless of whether or not resource objectives are
			 met at a given site.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-046 - Cumulative effects

Current through Register Vol. 24-14, July 15, 2024
The purpose of this section is to identify how the forest
				practices rules address changes to the environment caused by the interaction of
				natural ecosystem processes with the effects of two or more forest practices.
				This interaction is referred to as "cumulative effects." The following
				approaches have been taken:
(1)Title
			 222 WAC establishes minimum standards for all forest practices, regardless of
			 the class of forest practices application.
(2) Forest practices which have a potential
			 for a substantial impact on the environment are classified as Class IV-Special
			 or Class IV-General by WAC
			 222-16-050 and receive an
			 evaluation as to whether or not a detailed statement must be prepared pursuant
			 to chapter 43.21C
			 RCW.
(3) Certain rules are designed
			 to focus on specific aspects of cumulative effects of forest practices. For
			 example:
(a) WAC
			 222-08-160 requires continuing
			 review of the forest practices rules and voluntary processes and adopts the
			 concept of adaptive management. WAC
			 222-12-045 also adopts adaptive
			 management.
(b) WAC
			 222-12-040 allows alternate plans
			 that provide protection to public resources at least equal in overall
			 effectiveness to the protection provided in the Forest Practices Act and
			 rules.
(c) WAC
			 222-24-051 allows the department
			 to require road maintenance and abandonment plans.
(d) WAC
			 222-30-025 addresses harvest unit
			 size and separation requirements.
(e)Chapter 222-22 WAC addresses cumulative
			 effects of forest practices on, at a minimum, the public resources of fish,
			 water, and capital improvements of the state or its political
			 subdivisions.
(f)Chapter 222-46 WAC
			 establishes the enforcement policy for forest practices.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-050 - Notices to comply - Stop work orders

Current through Register Vol. 24-14, July 15, 2024
(1)*
Violations.
When a forest practice has been
			 completed, the department may issue a notice to comply requiring the operator
			 or landowner to correct or compensate for damage to public resources where
			 there was:
(a) A violation of the act, or
			 these rules; or
(b) A deviation
			 from the approved application; or
(c) A willful or negligent disregard for
			 potential damage to a public resource.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-060 - Supplemental directives

Current through Register Vol. 24-14, July 15, 2024
Supplemental directives are advisory directives and are issued
				to forest landowners, timber owners and operators conducting forest practices,
				recommending an alternate preferred course of action or a minor change in the
				operation, which the department believes would provide greater assurance that
				the purposes and policies set forth in
				RCW
				   76.09.010 will be met.
Order 263, § 222-12-060, filed
				  6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-070 - Enforcement policy

Current through Register Vol. 24-14, July 15, 2024
Procedures for enforcement of these rules by the department are
				provided in chapter 222-46 WAC. Where the department of ecology determines that
				a person has failed to comply with the forest practices rules relating to water
				quality protection, and that the department of natural resources has not issued
				a stop work order or notice to comply, the department of ecology shall inform
				the department thereof in writing. If the department of natural resources fails
				to take authorized enforcement action within 24 hours, under
				RCW
				   76.09.080,
				76.09.090,
				76.09.120 or
				76.09.130, the department of
				ecology may petition the appeals board, which shall, within 48 hours, either
				deny the petition or direct the department of natural resources to immediately
				issue a stop work order or a notice to comply or impose a penalty. No civil or
				criminal penalties shall be imposed for past actions or omissions if such
				actions or omissions were conducted pursuant to an approval or directive of the
				department of natural resources.
Statutory Authority:
				  RCW
				  76.09.040. 10-23-077, § 222-12-070,
				  filed 11/15/10, effective 12/16/10. Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040, [76.09.]050,[76.09.]370, 76.13.120(9). 01-12-042, § 222-12-070, filed 5/30/01, effective 7/1/01;
				  Order 263, § 222-12-070, filed
				  6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-080 - Administrative and judicial appeals

Current through Register Vol. 24-14, July 15, 2024
(1) Certain decisions of the department may
			 be appealed to the appeals board under
			 chapter
			 76.09 RCW except that
			 notices to comply may not be appealed to the appeals board unless first
			 appealed to the department under
			 RCW
			    76.09.090. Proceedings at the appeals board
			 are governed by the Administrative Procedure Act,
			 chapter
			 34.05 RCW, and chapter
			 371-08 WAC.
(2) A petition for
			 judicial review of a decision of the appeals boards may be filed in accordance
			 with the Administrative Procedure Act,
			 chapter
			 34.05 RCW.
Statutory Authority:
				  RCW
				  76.09.040. 10-23-077, § 222-12-080,
				  filed 11/15/10, effective 12/16/10; 05-12-119, § 222-12-080, filed
				  5/31/05, effective 7/1/05; Order 263, § 222-12-080, filed
				  6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-12 - Policy and organization › Section 222-12-090 - *Forest practices board manual

Current through Register Vol. 24-14, July 15, 2024
When approved by the board the manual serves as an advisory
				technical supplement to these forest practices rules. The department, in
				cooperation with the departments of fish and wildlife, agriculture, ecology,
				and such other agencies, affected Indian tribes, or interested parties as may
				have appropriate expertise, is directed to prepare, and submit to the board for
				approval, revisions to the forest practices board manual. The manual shall
				include:
(1)
Method for
			 determination of adequate shade requirements on streams
needed for use
			 with WAC 222-30-040.
(2) Standards for identifying channel
			 migration zones and bank-full channel features.
(3)
Guidelines
for forest
			 roads.
(4)
Guidelines
for clearing slash and debris from Type Np and Ns Waters.
(5)
Guidelines
for forest
			 practices hydraulic projects.
(6)
Guidelines
for determining acceptable stocking levels.
(7)
Guidelines
for riparian
			 management zones.
(8)
Guidelines
for wetland delineation.
(9)
Guidelines
for wetland
			 replacement or substitution.
(10) A
			 list of nonnative wetland plant species.
(11) The standard methodology for conducting
			 watershed analysis shall specify the quantitative methods, indices of resource
			 conditions, and definitions, for conducting watershed analysis under chapter
			 222-22 WAC. The methodology shall also include a cultural resource module that
			 shall specify the quantitative and qualitative methods, indices of resource
			 conditions, and guidelines for developing voluntary management strategies for
			 cultural resources. Except for cultural resources, the department, in
			 consultation with Timber/Fish/Wildlife's Cooperative Monitoring, Evaluation and
			 Research Committee (CMER), may make minor modifications to the version of the
			 standard methodology approved by the board. Substantial amendments to the
			 standard methodology requires approval by the board.
(12)
Guidelines
for forest
			 chemicals.
(a) A list of special concerns
			 related to aerial application of pesticides developed under WAC
			 222-16-070(3).
(b) Guidelines for aerial applications of
			 pesticides and other forest chemicals under chapter 222-38
			 WAC.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-025 - *Fish protection standards and objectives for forest practices hydraulic projects

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Pursuant to
			 RCW
			    76.09.040(3)(a), the fish
			 protection standards in the hydraulic code rules (chapter 220-110 WAC)
			 applicable to forest practices activities are incorporated into the forest
			 practices rules.
(2) The department
			 will evaluate forest practices hydraulic projects on the basis of whether they
			 will meet fish protection standards. The primary objectives of the fish
			 protection standards are to:
(a) Protect fish
			 life;
(b) Achieve no-net-loss of
			 productive capacity of fish or shellfish habitat;
(c) Minimize project-specific and cumulative
			 impacts to fish life; and
(d)
			 Mitigate for unavoidable impacts to fish life and fish habitat.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-035 - Wetland typing system

Current through Register Vol. 24-14, July 15, 2024
*The department in cooperation with the departments of fish and
				wildlife, and ecology, and affected Indian tribes shall classify wetlands. The
				wetlands will be classified in order to distinguish those which require wetland
				management zones and those which do not. Wetlands which require wetland
				management zones shall be identified using the following criteria:
(1)
"Nonforested wetlands"
means
			 any wetland or portion thereof that has, or if the trees were mature would
			 have, a crown closure of less than 30 percent.
(a)
"Type A Wetland"
classification shall be applied to all nonforested wetlands which:
(i) Are greater than 0.5 acre in size,
			 including any acreage of open water where the water is completely surrounded by
			 the wetland; and
(ii) Are
			 associated with at least 0.5 acre of ponded or standing open water. The open
			 water must be present on the site for at least 7 consecutive days between April
			 1 and October 1 to be considered for the purposes of these rules; or
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-036 - *Wetland mapping

Current through Register Vol. 24-14, July 15, 2024
Wetlands mapping is required in connection with any forest
				practices application where the proposed activities relate to timber harvest or
				road construction.
(1) Landowners must
			 map all forested wetlands and Type A and B Wetlands where more than one-tenth
			 (0.1) acre of such wetlands will be impacted by filling and where mitigation
			 for such filling is required.
(2)
			 Landowners must make an approximate determination of the boundaries and map all
			 forested wetlands (regardless of size) that are in a riparian management zone,
			 including those parts of the forested wetlands that lie within the harvest unit
			 but outside of the riparian management zone. Mapping is not required if entry
			 within the riparian management zone is not proposed as part of the harvest
			 application.
(3) Landowners must
			 make an approximate determination of the boundaries and map all forested
			 wetlands 3 acres or more in size within the boundaries of the land to be
			 covered by the application.
(4) All
			 such mapping must be performed to the wetland delineation and mapping standards
			 outlined in the board manual, section 8.
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-16-036, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-051 - *Exception to Class IV-special

Current through Register Vol. 24-14, July 15, 2024
An application would not be classified as Class IV - Special
				based on its potential impact to aquatic resources under any subsection of WAC
				222-16-050(1) if
				the application is consistent with an agreement described in WAC
				222-12-041(3) and the agreement addresses the risk to aquatic resources addressed in such
				subsection of WAC
				222-16-050(1).
				The landowner must identify these subsections at the time of application.
				Forest practices applications may still be classified as Class IV - Special
				based upon the potential for impact to other factors listed in any subsection
				of WAC 222-16-050(1).
Statutory Authority:
				  Chapter
				  34.05 RCW,
				  RCW
				  76.09.040,[76.09.]050, [76.09.]370,
				  76.13.120(9). 01-12-042, § 222-16-051, filed 5/30/01, effective
				  7/1/01.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-060 - Lands with a likelihood of future conversion

Current through Register Vol. 24-14, July 15, 2024
(1) Prior to identification of any forest
			 lands as having a likelihood of future conversion to urban development within a
			 ten-year period, the department shall consider all available information,
			 including but not limited to:
(a) Whether the
			 land is assessed under the provisions of chapter 84.33 or
			 84.34 RCW;
(b) Whether the land is excluded from any
			 local improvement district;
(c)
			 Whether the classification of the land in the local comprehensive plan or the
			 local zoning ordinance permits or encourages long-term timber
			 production;
(d) Whether the land
			 lies outside the current or proposed boundary of a city or the urban growth
			 boundary of a city or outside a water or sewer district;
(e) Whether the land has received previous
			 development permit approval;
(f)
			 The presence or absence of a written forest management plan for the land.
Any identification must be consistent with any local or
				regional land use plans or ordinances.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-070 - Pesticide uses with the potential for a substantial impact on the environment

Current through Register Vol. 24-14, July 15, 2024
*To identify forest practices involving pesticide uses that
				have the potential for a substantial impact on the environment, the department
				shall apply the process prescribed in this section. See WAC
				222-16-050(1)(a).
(1) Pesticide list - The department shall
			 maintain a list of all pesticides registered under chapter 15.58 RCW for use in
			 forest practices. The department shall conduct, in consultation with the
			 departments of ecology, health, agriculture, and fish and wildlife, an annual
			 review of the list for the purpose of including new pesticides and/or removing
			 those pesticides which have been prohibited from use. The list shall be
			 available to the public at each of the department's offices. A list of the
			 department's offices and their addresses appears at WAC
			 332-10-030. In preparing the
			 pesticide list, the department shall include information on the following
			 characteristics:
(a) Active ingredients, name
			 brand or trade mark, labeled uses, pesticide type, EPA-registration
			 number;
(b) Toxicity of the
			 pesticide based on the Environmental Protection Agency (EPA) label warning
			 under 40 C.F.R.
			 156.10(h)(1), listed as
			 "caution," "warning," "danger," or "danger - poison" except as modified to
			 consider aquatic or mammalian toxicity; and
(c) Whether the pesticide is a state
			 restricted use pesticide for the protection of groundwater under WAC
			 16-228-1231.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-085 - Northern spotted owl habitats

Current through Register Vol. 24-14, July 15, 2024
(1)
Suitable spotted owl habitat
means forest stands which meet the description of old forest habitat,
			 sub-mature habitat or young forest marginal habitat found in (a) and (b) of
			 this subsection. Old forest habitat is the highest quality, followed in
			 descending order by sub-mature habitat and young forest marginal habitat.
(a)
Old forest habitat
means
			 habitat that provides for all the characteristics needed by northern spotted
			 owls for nesting, roosting, foraging, and dispersal, described as stands with:
(i) A canopy closure of 60% or more and a
			 layered, multispecies canopy where 50% or more of the canopy closure is
			 provided by large overstory trees (typically, there should be at least 75 trees
			 greater than 20 inches dbh per acre, or at least 35 trees 30 inches dbh or
			 larger per acre); and
(ii) Three or
			 more snags or trees 20 inches dbh or larger and 16 feet or more in height per
			 acre with various deformities such as large cavities, broken tops, dwarf
			 mistletoe infections, and other indications of decadence; and
(iii) More than two fallen trees 20 inches
			 dbh or greater per acre and other woody debris on the ground.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-086 - Northern spotted owl special emphasis areas and goals

Current through Register Vol. 24-14, July 15, 2024
"Spotted owl special emphasis areas (SOSEA)" means the
				following geographic areas and the associated goals as mapped. Detailed maps of
				the SOSEAs indicating the boundaries and goals are available from the
				department at its regional offices.
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Statutory Authority:
				  Chapters
				  76.09 and
				  34.05 RCW. 96-12-038, §
				  222-16-086, filed 5/31/96, effective
				  7/1/96.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-087 - Marbled murrelet special landscape

Current through Register Vol. 24-14, July 15, 2024
Marbled murrelet special landscape means the following
				geographic area as mapped. A detailed map of the marbled murrelet special
				landscape indicating the boundaries is available from the department at its
				regional offices.
Southwest Washington Special Landscape
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Statutory Authority:
				  RCW
				  76.09.040 and
				  chapter
				  34.05 RCW. 97-15-105,
				  § 222-16-087, filed 7/21/97, effective
				  8/21/97.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-100 - Planning options for the northern spotted owl

Current through Register Vol. 24-14, July 15, 2024
(1)
Landowner option plans for the
			 northern spotted owl.
Landowner option plans (LOPs) are intended to
			 provide landowners with a mechanism, entered into voluntarily, to contribute to
			 the protection of northern spotted owls by considering the needs of overall
			 population maintenance or dispersal habitat across a defined geographic area.
			 Forest practices applications that are in an area covered by an LOP, and that
			 are consistent with the LOP, will not be classified as Class IV - Special on
			 the basis of critical habitat (state) or critical habitat (federal) for the
			 northern spotted owl. This does not preclude classification as Class IV-Special
			 because of the presence of other factors listed in WAC
			 222-16-050(1).
(a)
Required elements of LOPs.
The level of detail to be included in a LOP will depend on the area of
			 ownership involved, the time period for which the plan will be in effect, and
			 the complexity of the management strategy. Nevertheless, each plan shall
			 contain the elements set forth in this subsection.
(i)
Goals and objectives.
The
			 specific goals and objectives for the landowner's contributions proposed under
			 the LOP shall be developed by the landowner and approved by the department in
			 consultation with the department of fish and wildlife based on the following:
(A) Mitigation under the plan must be
			 reasonable and capable of being accomplished;
(B) To the maximum extent practicable, the
			 plan must minimize and mitigate significant adverse impacts caused by, and
			 identified in, the plan on individual northern spotted owl site centers or the
			 ability of the SOSEA to meet SOSEA goals. Specific short (one to five-year) and
			 long (greater than five-year) term goals and objectives for the LOP should be
			 clearly stated, where applicable; and
(C) LOPs should be designed to achieve an
			 appropriate contribution from nonfederal lands toward meeting SOSEA goals and
			 are intended to be an efficient and effective alternative to site-by-site
			 management planning. In Eastern Washington, LOPs must also consider the need to
			 protect the forests from catastrophic loss from wildfire, insects, and
			 diseases.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-16 - Definitions › Section 222-16-105 - Cooperative habitat enhancement agreements

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
A cooperative
			 habitat enhancement agreement (CHEA) is intended to remove disincentives for
			 landowners who create, enhance, or maintain habitat for the northern spotted
			 owl or marbled murrelet by providing them with protection against future
			 spotted owl or marbled murrelet rules caused by their enhancement activities. A
			 CHEA is an agreement between the department and a landowner, developed in
			 cooperation with the department of fish and wildlife, for the purpose of
			 creating, enhancing, or maintaining northern spotted owl habitat and/or marbled
			 murrelet habitat. The agreement will apply only to forest land identified by
			 the landowner:
(a) For northern spotted owls,
			 outside of the median home range circles of northern spotted owl site centers
			 in existence at the time of implementation.
(b) For marbled murrelets, any current
			 unoccupied or potential future habitat.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-015 - Multiyear permits

Current through Register Vol. 24-14, July 15, 2024
Landowners may apply for multiyear permits to conduct forest
				practices for four or five years in the following situations:
(1) Where a watershed analysis has been
			 approved for a WAU under WAC
			 222-22-080, a landowner may apply
			 for a multiyear permit. The information provided and level of detail for the
			 application must be comparable to that required for a three-year permit. At a
			 minimum, the applications for these permits must include:
(a) A description of the forest practices to
			 be conducted during the period requested for the permit, and a map(s) showing
			 their locations; and
(b)
			 Prescriptions must be identified where operations are proposed within or
			 include areas of resource sensitivity.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-016 - Small forest landowner long-term applications

Current through Register Vol. 24-14, July 15, 2024
(1)
Application.
A small forest
			 landowner may submit a forest practices application that includes planned
			 forest practices activities on all or part of a landowner's ownership within
			 one of the department's geographic region boundaries. The application can be
			 for terms of four to fifteen years at the discretion of the landowner. The
			 landowner will submit the application to the department in two steps.
(2)
Review of proposed
			 application.
(a)
Step 1: Resource
			 and roads assessment review.
The landowner will submit the resource and
			 roads assessment portion of the application. As part of the review, the
			 department will determine any additional known resources or threats to public
			 safety and initiate one or more site reviews in consultation with the
			 department of ecology, the department of fish and wildlife, and the affected
			 Indian tribes. The department will notify the landowner and the landowner's
			 representative to attend the site review(s). Within forty-five days of
			 receiving the complete assessment, the department will notify the landowner in
			 writing of its validation or rejection of the assessment. If rejected, the
			 department will provide a written statement to the landowner explaining why the
			 assessment was rejected.
(b)
Step 2: Resource protection strategies review.
The department will
			 accept for review the resource protection strategies portion of the long-term
			 application after the department validates Step 1. The required elements of
			 Step 2 will include a description of proposed forest practices activities and
			 strategies for protection of all resources identified in Step 1. The department
			 will approve, condition, or disapprove Step 2 within forty-five days of
			 receiving the complete Step 2 portion, except if a detailed environmental
			 statement is necessary, additional time for approval or disapproval as
			 specified in
			 RCW
			    76.09.050 will be required. If disapproved,
			 the department will provide a written statement to the landowner explaining why
			 the proposed strategies were disapproved.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-017 - *Applications that include forest practices hydraulic projects

Current through Register Vol. 24-14, July 15, 2024
(1)
Review for consistency with fish
			 protection standards.
The department reviews forest practices
			 applications that include forest practices hydraulic projects in Type S and F
			 and associated Np Waters for consistency with fish protection
			 standards.
(2)
Preapplication
			 consultation.
(a) Prospective
			 applicants are encouraged to consult with the department and the department of
			 fish and wildlife, including site visits as needed, prior to submitting a
			 forest practices application to the department.
(b) Preapplication consultation helps to
			 ensure that project design and specifications meet fish protection
			 standards.
(c) Preapplication
			 consultation should take place well before submitting an application to the
			 department and well before the desired work windows.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-030 - Delivery of notifications and applications-Receipts-File numbers

Current through Register Vol. 24-14, July 15, 2024
(1)
Notifications and applications
shall be delivered to the
			 department by mail or personal delivery at the appropriate region office, or
			 electronically when the department develops an electronic business system.
			 Notifications and applications actually received at the appropriate region
			 office by other means may be accepted or returned to the applicant.
(2)
Upon delivery of
a complete
			 notification or application the department will provide a written receipt to
			 the landowner, timber owner, and operator.
(3)
Each receipt will
indicate
			 the file number assigned to the notification or application.
Statutory Authority:
				  RCW
				     76.09.040,
				  76.09.010(2)(d).
				  07-20-044, § 222-20-030, filed 9/26/07, effective 10/27/07. Statutory
				  Authority:
				  RCW
				     76.09.040. 88-19-112 (Order 551, Resolution
				  No. 88-1), § 222-20-030, filed 9/21/88, effective 11/1/88; Order 263,
				  § 222-20-030, filed 6/16/76.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-050 - Conversion of forest land to nonforest use

Current through Register Vol. 24-14, July 15, 2024
(1) If an application to harvest signed by
			 the landowner indicates that within three years after completion, the forest
			 land will be converted to a specified active use that is incompatible with a
			 use other than commercial timber operations, the reforestation requirements of
			 chapter 222-34 WAC shall not apply, and the information relating to
			 reforestation on the application form need not be supplied. However, if the
			 specified active use is not initiated within three years after the harvest is
			 completed, the reforestation requirements shall apply and reforestation shall
			 be completed within one additional year.
(2) If a landowner who did not state an
			 intent to convert decides to convert to a nonforestry use within six years of
			 receiving an approved forest practices application or notification, the
			 landowner must:
(a) Stop all forest practices
			 activities on the parcels subject to conversion;
(b) Contact the department of ecology and the
			 applicable local governmental entity to begin the permitting process;
			 and
(c) Notify the department and
			 withdraw any related applications or notifications, or request a new
			 application for conversion.
Upon request from the local governmental entity, the department
				will provide the status of the landowner's related applications and
				notifications, and any final orders or decisions.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-051 - Conversion option harvest plans

Current through Register Vol. 24-14, July 15, 2024
(1) For Class II, III, and IV-special forest
			 practices, if a landowner wishes to maintain the option to convert forest land
			 to a use other than commercial timber operations, the landowner may request the
			 appropriate local governmental entity to approve a conversion option harvest
			 plan.
(2) If a local governmental
			 entity approves a plan, the landowner must attach it to the forest practices
			 application or notification.
(3)
			 The plan will be a condition of the approved application or
			 notification.
(4) Violation of the
			 plan will result in the development prohibitions or the conditions described in
			 RCW
			    76.09.460.
(5) Reforestation requirements will not be
			 waived regardless of the existence of a conversion option harvest
			 plan.
Statutory Authority:
				  RCW
				  76.09.040 and
				  76.09.370. 13-01-007, §
				  222-20-051, filed 12/6/12, effective
				  1/6/13.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-052 - Notice of conversion to nonforestry use

Current through Register Vol. 24-14, July 15, 2024
(1) Under the provisions of
			 RCW
			    76.09.060(3)(b), if harvest
			 takes place without an approved application or notification, or the landowner
			 did not state that any land covered by the application or notification is
			 intended to be converted to a use other than commercial timber operations, then
			 the department and the appropriate local governmental entity will follow the
			 process described in subsections (2) and (3) of this section.
(2) When the department or local governmental
			 entity becomes aware of conversion activities the department will send to the
			 department of ecology and the appropriate local governmental entities the
			 following documents:
(a) A notice of
			 conversion to nonforestry use;
(b)
			 A copy of the applicable forest practices application or notification, if any;
			 and
(c) Copies of any applicable
			 outstanding final orders or decisions issued by the department related to the
			 forest practices application or notification.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-055 - Continuing forest land obligations

Current through Register Vol. 24-14, July 15, 2024
Continuing forest land obligations include reforestation, road
				maintenance and abandonment plans, and harvest strategies on perennial nonfish
				habitat waters in Eastern Washington. This section does not apply to small
				forest landowner checklist road maintenance and abandonment plans.
(1) Prior to the sale or transfer of land or
			 perpetual timber rights subject to continuing forest land obligations under the
			 Forest Practices Act and rules, the seller must notify the buyer of the
			 existence and nature of such a continuing obligation and the buyer must sign a
			 notice of continuing forest land obligation indicating the buyer's knowledge of
			 the obligations. The notice must be:
(a) On a
			 form prepared by the department;
(b) Sent to the department by the seller at
			 the time of sale or transfer of land or perpetual timber rights; and
(c) Retained by the department.
Washington Administrative Code › Title 222 - Forest Practices Board › Chapter 222-20 - Application and notification procedures › Section 222-20-060 - Deviation from prior application or notification

Current through Register Vol. 24-14, July 15, 2024
Substantial deviation from a notification or an approved
				application requires a new notification or application. Other deviations may be
				authorized by a supplemental directive, notice to comply or stop work order.
				The department shall notify the departments of fish and wildlife, and ecology,
				and affected Indian tribes and the appropriate local governmental entity of any
				supplemental directive, notice to comply or stop work order involving a
				deviation from a prior notification or approved application, except where such
				notice has been waived.
Statutory Authority:
				  RCW
				  76.09.040,
				  76.09.010(2)(d).
				  07-20-044, § 222-20-060, filed 9/26/07, effective 10/27/07. Statutory
				  Authority:
				  RCW
				  76.09.040. 05-12-119, § 222-20-060,
				  filed 5/31/05, effective 7/1/05. Statutory Authority:
				  RCW
				     76.09.040 and
				  chapter
				  34.05 RCW. 97-24-091,
				  § 222-20-060, filed 12/3/97, effective 1/3/98. Statutory Authority:
				  RCW
				  76.09.040. 87-23-036 (Order 535), §
				  222-20-060, filed 11/16/87, effective 1/1/88; Order 263, § 222-20-060,
				  filed 6/16/76.