Revised Code of Washington
Chapter 76.09 - Forest Practices.
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.

RCW 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.

If an operator fails to undertake and complete any course of action with respect to a forest practice, as required by a final order of the department or a final decision of the appeals board or any court pursuant to RCW 76.09.080 and 76.09.090, the department may determine the cost thereof and give written notice of such cost to the operator, the timber owner and the owner of the forestland upon or in connection with which such forest practice was being conducted. If such operator, timber owner, or forestland owner fails within thirty days after such notice is given to undertake such course of action, or having undertaken such course of action fails to complete it within a reasonable time, the department may expend any funds available to undertake and complete such course of action and such operator, timber owner, and forestland owner shall be jointly and severally liable for the actual, direct cost thereof, but in no case more than the amount set forth in the notice from the department. If not paid within sixty days after the department completes such course of action and notifies such forestland owner in writing of the amount due, such amount shall become a lien on such forestland and the department may collect such amount in the same manner provided in chapter 60.04 RCW for mechanics' liens.

[ 1974 ex.s. c 137 § 12.]

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.