RCW 76.09.330
Legislative findings—Liability from naturally falling trees required to be left standing.
The legislature hereby finds and declares that riparian ecosystems on forestlands in addition to containing valuable timber resources, provide benefits for wildlife, fish, and water quality. The legislature further finds and declares that leaving riparian areas unharvested and leaving snags and green trees for large woody debris recruitment for streams and rivers provides public benefits including but not limited to benefits for threatened and endangered salmonids, other fish, amphibians, wildlife, and water quality enhancement. The legislature further finds and declares that leaving upland areas unharvested for wildlife and leaving snags and green trees for future snag recruitment provides benefits for wildlife. Forestland owners may be required to leave trees standing in riparian and upland areas to benefit public resources. It is recognized that these trees may blow down or fall into streams and that organic debris may be allowed to remain in streams. This is beneficial to riparian dependent and other wildlife species. Further, it is recognized that trees may blow down, fall onto, or otherwise cause damage or injury to public improvements, private property, and persons. Notwithstanding any statutory provision, rule, or common law doctrine to the contrary, the landowner, the department, and the state of Washington shall not be held liable for any injury or damages resulting from these actions, including but not limited to wildfire, erosion, flooding, personal injury, property damage, damage to public improvements, and other injury or damages of any kind or character resulting from the trees being left.
[ 1999 sp.s. c 4 § 602; 1992 c 52 § 5; 1987 c 95 § 7.]
NOTES:
Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.
Structure Revised Code of Washington
Title 76 - Forests and Forest Products
Chapter 76.09 - Forest Practices.
76.09.010 - Legislative finding and declaration.
76.09.055 - Findings—Emergency rule making authorized.
76.09.063 - Forest practices permit—Habitat incentives agreement.
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.
76.09.110 - Final orders or final decisions binding upon all parties.
76.09.150 - Inspection—Right of entry.
76.09.160 - Right of entry by department of ecology.
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.
76.09.250 - Policy for continuing program of orientation and training.
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.
76.09.320 - Implementation of hazard-reduction program—Cost sharing by department—Limitations.
76.09.340 - Certain forest practices exempt from rules and policies under this chapter.
76.09.360 - Single multiyear permit.
76.09.370 - Findings—Forests and fish report—Adoption of rules.
76.09.405 - Forest and fish support account—Created.
76.09.410 - Road maintenance and abandonment plans—Fish passage barriers.
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.
76.09.905 - Air pollution laws not modified.
76.09.915 - Repeal and savings.
76.09.920 - Application for extension of prior permits.