Revised Code of Washington - RCW Title 76 Forests And Forest Products - Chapter 76.09 Forest Practices

76.09.010 Legislative finding and declaration
(1) The legislature hereby finds and declares that the forest land resources are among the most valuable of all resources in the state; that a ...

76.09.020 Definitions
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Adaptive management" means reliance on scientific methods to test ...

76.09.030 Forest practices board -- Created -- Membership -- Terms -- Vacancies -- Meetings -- Compensation, travel expenses -- Staff
(1) There is hereby created the forest practices board of the state of Washington as an agency of state government consisting of members as follows: ...

76.09.040 Forest practices rules -- Adoption -- Review of proposed rules -- Hearings -- Riparian open space program
(1) Where necessary to accomplish the purposes and policies stated in RCW 76.09.010, and to implement the provisions of this chapter, the board shall adopt ...

76.09.050 Rules establishing classes of forest practices -- Applications for classes of forest practices -- Approval or disapproval -- Notifications -- Procedures -- Appeals -- Waiver
(1) The board shall establish by rule which forest practices shall be included within each of the following classes: Class I: Minimal or specific forest ...

76.09.055 Findings -- Emergency rule making authorized
(1) The legislature finds that the levels of fish stocks throughout much of the state require immediate action to be taken to help these fish ...

76.09.060 Form and contents of notification and application -- Reforestation requirements -- Conversion of forest land to other use -- New applications -- Approval -- Emergencies
(1) The department shall prescribe the form and contents of the notification and application. The forest practices rules shall specify by whom and under what ...

76.09.063 Forest practices permit -- Habitat incentives agreement
When a private landowner is applying for a forest practices permit under this chapter and that landowner has entered into a habitat incentives agreement with ...

76.09.065 Forest practices application or notification -- Fee
(1) Effective July 1, 1997, an applicant shall pay an application fee and a recording fee, if applicable, at the time an application or notification ...

76.09.067 Application for forest practices -- Owner of perpetual timber rights
Notwithstanding any other provision of this chapter to the contrary, for the purposes of RCW 76.09.050(1) and 76.09.060, where timber rights have been transferred by ...

76.09.070 Reforestation -- Requirements -- Procedures -- Notification on sale or transfer
(1) After the completion of a logging operation, satisfactory reforestation, as defined by the rules and regulations promulgated by the board, shall be completed within ...

76.09.080 Stop work orders -- Grounds -- Contents -- Procedure -- Appeals
(1) The department shall have the authority to serve upon an operator a stop work order which shall be a final order of the department ...

76.09.090 Notice of failure to comply -- Contents -- Procedures -- Appeals -- Hearing -- Final order -- Limitations on actions
If a violation, a deviation, material damage or potential for material damage to a public resource has occurred and the department determines that a stop ...

76.09.100 Failure to comply with water quality protection -- Department of ecology authorized to petition appeals board -- Action on petition
If the department of ecology determines that a person has failed to comply with the forest practices regulations relating to water quality protection, and that ...

76.09.110 Final orders or final decisions binding upon all parties
Unless declared invalid on appeal, a final order of the department or a final decision of the appeals board shall be binding upon all parties.[1974 ...

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 ...

76.09.130 Failure to obey stop work order -- Departmental action authorized -- Liability of owner or operator for costs
When the operator has failed to obey a stop work order issued under the provisions of RCW 76.09.080 the department may take immediate action to ...

76.09.140 Enforcement
(1) The department of natural resources may take any necessary action to enforce any final order or final decision, and may disapprove any forest practices ...

76.09.150 Inspection -- Right of entry
(1) The department shall make inspections of forest lands, before, during and after the conducting of forest practices as necessary for the purpose of ensuring ...

76.09.160 Right of entry by department of ecology
Any duly authorized representative of the department of ecology shall have the right to enter upon forest land at any reasonable time to administer the ...

76.09.170 Violations -- Conversion to nontimber operation -- Penalties -- Remission or mitigation -- Appeals -- Lien
(1) Every person who violates any provision of RCW 76.09.010 through 76.09.280 or of the forest practices rules, or who converts forest land to a ...

76.09.180 Disposition of moneys received as penalties, reimbursement for damages
All penalties received or recovered by state agency action for violations as prescribed in RCW 76.09.170 shall be deposited in the state general fund. All ...

76.09.190 Additional penalty, gross misdemeanor
In addition to the penalties imposed pursuant to RCW 76.09.170, any person who conducts any forest practice or knowingly aids or abets another in conducting ...

76.09.210 Forest practices appeals board -- Created -- Membership -- Terms -- Vacancies -- Removal
(1) There is hereby created within the environmental hearings office under RCW 43.21B.005 the forest practices appeals board of the state of Washington. (2) The ...

76.09.220 Forest practices appeals board -- Compensation -- Travel expenses -- Chair -- Office -- Quorum -- Powers and duties -- Jurisdiction -- Review
(1) The appeals board shall operate on either a part-time or a full-time basis, as determined by the governor. If it is determined that the ...

76.09.230 Forest practices appeals board -- Mediation -- Appeal procedure -- Judicial review
(1) In all appeals over which the appeals board has jurisdiction, upon request of one or more parties and with the consent of all parties, ...

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 -- Reporting of information to the department of revenue
(1) On or before December 31, 2008: (a) Counties planning under RCW 36.70A.040, and the cities and towns within those counties, where more than a ...

76.09.250 Policy for continuing program of orientation and training
The board shall establish a policy for a continuing program of orientation and training to be conducted by the department with relation to forest practices ...

76.09.260 Department to represent state's interest -- Cooperation with other public agencies -- Grants and gifts
The department shall represent the state's interest in matters pertaining to forestry and forest practices, including federal matters, and may consult with and cooperate with ...

76.09.270 Annual determination of state's research needs -- Recommendations
The department, along with other affected agencies and institutions, shall annually determine the state's needs for research in forest practices and the impact of such ...

76.09.280 Removal of log and debris jams from streams
Forest land owners shall permit reasonable access requested by appropriate agencies for removal from stream beds abutting their property of log and debris jams accumulated ...

76.09.285 Water quality standards affected by forest practices
See RCW 90.48.420. ...

76.09.290 Inspection of lands -- Reforestation
The department shall inspect, or cause to be inspected, deforested lands of the state and ascertain if the lands are valuable chiefly for agriculture, timber ...

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
(1) Mass earth movements and fluvial processes can endanger public resources and public safety. In some cases, action can be taken which has a probability ...

76.09.305 Advisory committee to review hazard-reduction plans authorized -- Compensation, travel expenses
The forest practices board may, upon request of the department or at its own discretion, appoint an advisory committee consisting of not more than five ...

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 forest landowners, both public and private, within the geographic area selected for review, stating that the ...

76.09.315 Implementation of hazard-reduction measures -- Election -- Notice and application for cost-sharing funds -- Inspection -- Letter of compliance -- Limitations on liability
(1) When a forest landowner elects to implement the recommended hazard-reduction measures, the landowner shall notify the department and apply for cost-sharing funds. Upon completion, ...

76.09.320 Implementation of hazard-reduction program -- Cost sharing by department -- Limitations
(1) Subject to the availability of appropriated funds, the department shall pay fifty percent of the cost of implementing the hazard-reduction program, except as provided ...

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 forest lands in addition to containing valuable timber resources, provide benefits for wildlife, fish, and ...

76.09.340 Certain forest practices exempt from rules and policies under this chapter
Forest practices consistent with a habitat conservation plan approved prior to March 25, 1996, by the secretary of the interior or commerce under 16 U.S.C. ...

76.09.350 Long-term multispecies landscape management plans -- Pilot projects, selection -- Plan approval, elements -- Notice of agreement recorded -- Memorandums of agreements -- Report, evaluation
The legislature recognizes the importance of providing the greatest diversity of habitats, particularly riparian, wetland, and old growth habitats, and of assuring the greatest diversity ...

76.09.360 Single multiyear permit
The department together with the department of fish and wildlife, and the department of ecology relating to water quality protection, shall develop a suitable process ...

76.09.368 Intent -- Small forest landowners -- Alternate plan processes/alternate harvest restrictions -- Report to the legislature
The legislature intends that small forest landowners have access to alternate plan processes or alternate harvest restrictions, or both if necessary, that meet the public ...

76.09.370 Findings -- Forests and fish report -- Adoption of rules
(1) The legislature finds that the process that produced the forests and fish report was instigated by the forest practices board, the report is the ...

76.09.380 Report to the legislature -- Emergency rules -- Permanent rules
Prior to the adoption of permanent rules as required by chapter 4, Laws of 1999 sp. sess. and no later than January 1, 2000, the ...

76.09.390 Sale of land or timber rights with continuing obligations -- Notice -- Failure to notify -- Exemption
(1) Except as provided in subsection (2) of this section, prior to the sale or transfer of land or perpetual timber rights subject to continuing ...

76.09.400 Forests and fish account -- Created
The forests and fish account is created in the state treasury. Receipts from appropriations, federal grants, and gifts from private organizations and individuals or other ...

76.09.405 Forest and fish support account -- Created
The forest and fish support account is hereby created in the state treasury. Receipts from appropriations, the surcharge imposed under RCW 82.04.261, and other sources ...

76.09.410 Road maintenance and abandonment plans -- Fish passage barriers
(1) The state may not require a small forest landowner to invest in upgrades, replacements, or other engineering of a forest road, and any fish ...

76.09.420 Road maintenance and abandonment plans -- Rules -- Checklist -- Report to the legislature -- Emergency rules
(1) The board must amend the forest practices rules relating to road maintenance and abandonment plans that exist on May 14, 2003, to reflect the ...

76.09.430 Application to RCW 76.13.150
RCW 76.13.150 applies to road maintenance and abandonment plans under this chapter.[2003 c 311 § 8.]Notes: Findings -- Effective date -- 2003 c 311: See ...

76.09.440 Small forest landowner -- Fish passage barriers
The department shall not disapprove a forest practices application filed by a small forest landowner on the basis that fish passage barriers have not been ...

76.09.450 Small forest landowner -- Defined
For the purposes of this chapter and RCW 76.13.150 and 77.12.755, "small forest landowner" means an owner of forest land who, at the time of ...

76.09.460 Notice of conversion to nonforestry use -- Denial of permits or approvals by the county, city, town, or regional governmental entity -- Enforcement
If a county, city, town, or regional governmental entity receives a notice of conversion to nonforestry use by the department under RCW 76.09.060, then the ...

76.09.470 Conversion of land to nonforestry use -- Action required of landowner -- Action required of county, city, town, or regional governmental entity
(1) If a landowner who did not state an intent to convert his or her land to a nonforestry use decides to convert his or ...

76.09.900 Short title
Sections 1 through 28 of this 1974 act shall be known and may be cited as the "Forest Practices Act of 1974".[1974 ex.s. c 137 ...

76.09.905 Air pollution laws not modified
Nothing in RCW 76.09.010 through 76.09.280 or 90.48.420 shall modify chapter 70.94 RCW or any other provision of law relating to the control of air ...

76.09.910 Shoreline management act, hydraulics act, other statutes and ordinances not modified -- Exceptions
Nothing in RCW 76.09.010 through 76.09.280 as now or hereafter amended shall modify any requirements to comply with the Shoreline Management Act of 1971 except ...

76.09.915 Repeal and savings
(1) The following acts or parts of acts are each repealed: (a) Section 2, chapter 193, Laws of 1945, section 1, chapter 218, Laws of ...

76.09.920 Application for extension of prior permits
Permits issued by the department under the provisions of RCW 76.08.030 during 1974 shall be effective until April 1, 1975 if an application has been ...

76.09.925 Effective dates -- 1974 ex.s. c 137
RCW 76.09.030, 76.09.040, 76.09.050, 76.09.060, 76.09.200, 90.48.420, and 76.09.935 are necessary for the immediate preservation of the public peace, health and safety, the support of ...

76.09.935 Severability -- 1974 ex.s. c 137
If any provision of this 1974 act or its application to any person or circumstance is held invalid, the remainder of the act or the ...