Revised Code of Washington
Chapter 76.09 - Forest Practices.
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.

RCW 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.

(1) An applicant shall pay an application fee, if applicable, at the time an application or notification is submitted to the department or to the local governmental entity as provided in this chapter.
(2)(a) If RCW 77.55.361, 76.09.490, 76.09.040, and 76.09.060 are not enacted into law by June 30, 2012, then the fee for applications and notifications submitted to the department shall be fifty dollars for class II, III, and IV forest practices applications or notifications relating to the commercial harvest of timber. However, the fee shall be five hundred dollars for class IV forest practices applications on lands being converted to other uses or on lands which are not to be reforested because of the likelihood of future conversion to urban development or on lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except the fee shall be fifty dollars on those lands where the forestland owner provides:
(i) A written statement of intent signed by the forestland owner not to convert to a use other than commercial forest product operations for ten years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or
(ii) A conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the forest practices application.
(b)(i) If RCW 77.55.361, 76.09.490, 76.09.040, and 76.09.060 are enacted into law by June 30, 2012, then:
(A) The fee for applications and notifications relating to the commercial harvest of timber submitted to the department shall be one hundred dollars for class II applications and notifications, class III applications, and class IV forest practices that have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW, when the application or notification is submitted by a landowner who satisfies the definition of small forestland owner provided in RCW 76.09.450 and the application or notification applies to a single contiguous ownership consisting of one or more parcels;
(B) The fee for applications and notifications relating to the commercial harvest of timber submitted to the department shall be one hundred fifty dollars for class II applications and notifications, class III applications, and class IV forest practices that have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW, when the application or notification is submitted by a landowner who does not satisfy the criteria for a reduced application fee as provided in (b)(i)(A) of this subsection (2); and
(C) The fee shall be one thousand five hundred dollars for class IV forest practices applications on lands being converted to other uses or on lands that are not to be reforested because of the likelihood of future conversion to urban development or on lands that are contained within urban growth areas, designated pursuant to chapter 36.70A RCW, except the fee shall be the same as for a class III forest practices application where the forestland owner provides:
(I) A written statement of intent signed by the forestland owner not to convert to a use other than commercial forest product operations for ten years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or
(II) A conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the forest practices application.
(ii) If the board has not incorporated fish protection standards adopted under chapter 77.55 RCW into the forest practices rules and approved technical guidance as required under RCW 76.09.040 by December 31, 2013, the fee for applications and notifications submitted to the department shall be as provided under (a) of this subsection until the rules are adopted and technical guidance approved.
(3) The forest practices application account is created in the state treasury. Moneys in the account may be spent only after appropriation. All money collected from fees under subsection (2) of this section shall be deposited in the forest practices application account for the purposes of implementing this chapter, chapter 76.13 RCW, and Title 222 WAC.
(4) For applications submitted to a local governmental entity as provided in this chapter, the fee shall be determined, collected, and retained by the local governmental entity.

[ 2012 1st sp.s. c 1 § 209; 2000 c 11 § 5; 1997 c 173 § 4; 1993 c 443 § 5.]
NOTES:

Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.


Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.


Effective date—1993 c 443: See note following RCW 76.09.010.

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.