Revised Code of Washington
Chapter 76.09 - Forest Practices.
76.09.330 - Legislative findings—Liability from naturally falling trees required to be left standing.

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

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.