Revised Code of Washington
Chapter 76.09 - Forest Practices.
76.09.310 - Hazard-reduction program—Notice to landowners within areas selected for review—Proposed plans—Objections to plan, procedure—Final plans—Appeal.

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

(1) The department shall send a notice to all forestland owners, both public and private, within the geographic area selected for review, stating that the department intends to study the area as part of the hazard-reduction program.
(2) The department shall prepare a proposed plan for each geographic area studied. The department shall provide the proposed plan to affected landowners, Indian tribes, interested parties, and to the advisory committee, if established pursuant to RCW 76.09.305.
(3) Any aggrieved landowners, agencies, tribes, and other persons who object to any or all of the proposed hazard-reduction plan may, within thirty days of issuance of the plan, request the department in writing to schedule a conference. If so requested, the department shall schedule a conference on a date not more than thirty days after receiving such request.
(4) Within ten days after such a conference, the department shall either amend the proposed plan or respond in writing indicating why the objections were not incorporated into the plan.
(5) Within one hundred twenty days following the issuance of the proposed plan as provided in subsection (2) of this section, the department shall distribute a final hazard-reduction plan designating those sites for which hazard-reduction measures are recommended and those sites where no action is recommended. For each hazard-reduction measure recommended, a description of the work and cost estimate shall be provided.
(6) Any aggrieved landowners, agencies, tribes, and other persons are entitled to appeal the final hazard-reduction plan to the appeals board if, within thirty days of the issuance of the final plan, the party transmits a notice of appeal to the appeals board and to the department.
(7) A landowner's failure to object to the recommendations or to appeal the final hazard-reduction plan shall not be deemed an admission that the hazard-reduction recommendations are appropriate.
(8) The department shall provide a copy of the final hazard-reduction plan to the department of ecology and to each affected county.

[ 2010 c 210 § 25; 1987 c 95 § 4.]
NOTES:

Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.

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.