Revised Code of Washington
Chapter 76.09 - Forest Practices.
76.09.010 - Legislative finding and declaration.

RCW 76.09.010
Legislative finding and declaration.

(1) The legislature hereby finds and declares that the forestland resources are among the most valuable of all resources in the state; that a viable forest products industry is of prime importance to the state's economy; that it is in the public interest for public and private commercial forestlands to be managed consistent with sound policies of natural resource protection; that coincident with maintenance of a viable forest products industry, it is important to afford protection to forest soils, fisheries, wildlife, water quantity and quality, air quality, recreation, and scenic beauty.
(2) The legislature further finds and declares it to be in the public interest of this state to create and maintain through the adoption of this chapter a comprehensive statewide system of laws and forest practices rules which will achieve the following purposes and policies:
(a) Afford protection to, promote, foster and encourage timber growth, and require such minimum reforestation of commercial tree species on forestlands as will reasonably utilize the timber growing capacity of the soil following current timber harvest;
(b) Afford protection to forest soils and public resources by utilizing all reasonable methods of technology in conducting forest practices;
(c) Recognize both the public and private interest in the profitable growing and harvesting of timber;
(d) Promote efficiency by permitting maximum operating freedom consistent with the other purposes and policies stated herein;
(e) Provide for regulation of forest practices so as to avoid unnecessary duplication in such rules;
(f) Provide for interagency input and intergovernmental and tribal coordination and cooperation;
(g) Achieve compliance with all applicable requirements of federal and state law with respect to nonpoint sources of water pollution from forest practices;
(h) To consider reasonable land use planning goals and concepts contained in local comprehensive plans and zoning regulations;
(i) Foster cooperation among managers of public resources, forestland owners, Indian tribes and the citizens of the state;
(j) Develop a watershed analysis system that addresses the cumulative effect of forest practices on, at a minimum, the public resources of fish, water, and public capital improvements of the state and its political subdivisions; and
(k) Assist forestland owners in accessing market capital and financing for the ecosystem services provided to the public as a result of the protection of public resources.
(3) The legislature further finds and declares that it is also in the public interest of the state to encourage forestland owners to undertake corrective and remedial action to reduce the impact of mass earth movements and fluvial processes.
(4) The legislature further finds and declares that it is in the public interest that the applicants for state forest practices permits should assist in paying for the cost of review and permitting necessary for the environmental protection of these resources.

[ 2010 c 188 § 3; 1999 sp.s. c 4 § 901; 1993 c 443 § 1; 1987 c 95 § 1; 1974 ex.s. c 137 § 1.]
NOTES:

Findings—Intent—2010 c 188: See note following RCW 76.44.070.


Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.


Effective date—1993 c 443: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 15, 1993]." [ 1993 c 443 § 6.]

Structure Revised Code of Washington

Revised Code of Washington

Title 76 - Forests and Forest Products

Chapter 76.09 - Forest Practices.

76.09.010 - Legislative finding and declaration.

76.09.020 - Definitions.

76.09.030 - Forest practices board—Created—Membership—Terms—Vacancies—Meetings—Compensation, travel expenses—Staff.

76.09.040 - Forest practices rules—Adoption—Review of proposed rules—Hearings—Fish protection standards—Program for the acquisition of riparian open space.

76.09.050 - Rules establishing classes of forest practices—Applications for classes of forest practices—Approval or disapproval—Notifications—Procedures—Appeals—Waiver.

76.09.055 - Findings—Emergency rule making authorized.

76.09.060 - Form and contents of notification and application—Reforestation requirements—Conversion of forestland to other use—New applications—Approval—Emergencies.

76.09.063 - Forest practices permit—Habitat incentives agreement.

76.09.065 - Fee for applications and notifications related to the commercial harvest of timber—Forest practices application account—Creation—Applications submitted to a local governmental entity.

76.09.067 - Application for forest practices—Owner of perpetual timber rights.

76.09.070 - Reforestation—Requirements—Procedures—Notification on sale or transfer.

76.09.080 - Stop work orders—Grounds—Contents—Procedure—Appeals.

76.09.090 - Notice of failure to comply—Contents—Procedures—Appeals—Hearing—Final order—Limitations on actions.

76.09.100 - Failure to comply with water quality protection—Department of ecology authorized to petition appeals board—Action on petition.

76.09.110 - Final orders or final decisions binding upon all parties.

76.09.120 - Failure of owner to take required course of action—Notice of cost—Department authorized to complete course of action—Liability of owner for costs—Lien.

76.09.130 - Failure to obey stop work order—Departmental action authorized—Liability of owner or operator for costs.

76.09.140 - Enforcement.

76.09.150 - Inspection—Right of entry.

76.09.160 - Right of entry by department of ecology.

76.09.170 - Violations—Conversion to nontimber operation—Penalties—Remission or mitigation—Appeals—Lien.

76.09.180 - Disposition of moneys received as penalties, reimbursement for damages.

76.09.190 - Additional penalty, gross misdemeanor.

76.09.205 - Appeals board review.

76.09.240 - Forest practices—County, city, or town to regulate—When—Adoption of development regulations—Enforcement—Technical assistance—Exceptions and limitations—Verification that land not subject to a notice of conversion to nonforestry uses—Repor...

76.09.250 - Policy for continuing program of orientation and training.

76.09.260 - Department to represent state's interest—Cooperation with other public agencies—Grants and gifts.

76.09.270 - Annual determination of state's research needs—Recommendations.

76.09.280 - Removal of log and debris jams from streams.

76.09.290 - Inspection of lands—Reforestation.

76.09.300 - Mass earth movements and fluvial processes—Program to correct hazardous conditions on sites associated with roads and railroad grades—Hazard-reduction plans.

76.09.305 - Advisory committee to review hazard-reduction plans authorized—Compensation, travel expenses.

76.09.310 - Hazard-reduction program—Notice to landowners within areas selected for review—Proposed plans—Objections to plan, procedure—Final plans—Appeal.

76.09.315 - Implementation of hazard-reduction measures—Election—Notice and application for cost-sharing funds—Inspection—Letter of compliance—Limitations on liability.

76.09.320 - Implementation of hazard-reduction program—Cost sharing by department—Limitations.

76.09.330 - Legislative findings—Liability from naturally falling trees required to be left standing.

76.09.340 - Certain forest practices exempt from rules and policies under this chapter.

76.09.350 - Long-term multispecies landscape management plans—Pilot projects, selection—Plan approval, elements—Notice of agreement recorded—Memorandums of agreements—Report, evaluation.

76.09.360 - Single multiyear permit.

76.09.368 - Intent—Small forestland owners—Alternate plan processes/alternate harvest restrictions—Report to the legislature.

76.09.370 - Findings—Forests and fish report—Adoption of rules.

76.09.390 - Sale of land or timber rights with continuing obligations—Notice—Failure to notify—Exemption.

76.09.405 - Forest and fish support account—Created.

76.09.410 - Road maintenance and abandonment plans—Fish passage barriers.

76.09.420 - Road maintenance and abandonment plans—Rules—Checklist—Report to the legislature—Emergency rules.

76.09.430 - Application to RCW 76.13.150.

76.09.440 - Small forestland owner—Fish passage barriers.

76.09.450 - Small forestland owner—Defined.

76.09.460 - Notice of conversion to nonforestry use—Denial of permits or approvals by the county, city, town, or regional governmental entity—Enforcement.

76.09.470 - Conversion of land to nonforestry use—Action required of landowner—Action required of county, city, town, or regional governmental entity.

76.09.480 - Identification of projects that mitigate infrastructure and noninfrastructure development.

76.09.490 - Forest practices hydraulic project—Department may request information/technical assistance from the department of fish and wildlife—Concurrence review process.

76.09.900 - Short title.

76.09.905 - Air pollution laws not modified.

76.09.910 - Shoreline management act, hydraulics act, other statutes and ordinances not modified—Exceptions.

76.09.915 - Repeal and savings.

76.09.920 - Application for extension of prior permits.

76.09.925 - Effective dates—1974 ex.s. c 137.

76.09.935 - Severability—1974 ex.s. c 137.