Washington Administrative Code

The board does not have adjudicative authority nor does the board enter declaratory orders. Therefore, the model rules adopted by the chief administrative law judge under RCW 34.05.250 and found in chapter 10-08 WAC do not apply to the board.[Statutory Authority: RCW 34.05.220, 4…

This rule implementing the Ethics in Public Service Act, chapter 42.52 RCW, applies to the board.(1) The following definitions apply to this section:(a) "Beneficial interest" has the meaning ascribed to it under the Washington case law.(b) "Gift" means anything of economic value …

The department shall be responsible for a continuing program of orientation and training, relating to forest practices and rules thereof, pursuant to RCW 76.09.250. Such program shall include:(1) Investigation of current developments in a practical applications of forest resource…

The department shall:(1) Survey and identify all silviculturally related nonpoint sources of pollution and related control programs in the state;(2) Prepare an analysis of the above activities and programs; and(3) Report and recommend to the forest practices board and to the gove…

*(1) Annual evaluations. The department, after consulting with affected state agencies, Indian tribes, forest landowners, fish and wildlife, natural resources, and environmental interest groups, shall report annually to the forest practices board. This reporting will be an assess…

(1) This chapter is promulgated pursuant to the authority granted in RCW 76.09.010, 43.21C.120 and chapter 197-11 WAC.(2) The forest practices board, according to RCW 76.09.040, possesses the authority to promulgate forest practices rules establishing minimum standards for forest…

In addition to SEPA policies established elsewhere in this chapter, the following policies apply to forest practices described in WAC 222-16-050 (1)(d) relating to construction or harvest on potentially unstable slopes or landforms.(1) In order to determine whether such forest pr…

When the department considers a watershed analysis for approval under WAC 222-22-080 or 222-22-090, the department will perform a review under SEPA as a nonproject proposal. When making the SEPA threshold determination, the department shall only make a determination of significan…

In addition to the SEPA policies established elsewhere in this chapter, the following policies shall apply to Class IV-Special forest practices involving threatened or endangered species.(1) The department shall consult with the department of fish and wildlife, other agencies wit…

The following policies shall apply to forest practices subject to SEPA if the forest practices may cause adverse impacts to northern spotted owls.(1) In SOSEAs or areas of SOSEAs where the goal is demographic support, suitable spotted owl habitat should be maintained either to pr…

The following policies shall apply to forest practices subject to SEPA where the forest practices may cause adverse impacts to marbled murrelets.(1) Within an occupied marbled murrelet site, forest practices that will adversely impact this habitat will likely have a probable sign…

Except to those rules that may not be applicable, the forest practices board hereby adopts by reference chapter 197-11 WAC, the "SEPA rules" adopted by the state of Washington department of ecology.[Statutory Authority: RCW 43.21C.120, 76.09.040 and 42.30.075. WSR 84-18-021 (Orde…

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, the following terms shall have the following meanings:(1) "Board" means the forest practices board, as defined by chapter 76.09 RCW.(2) "SEPA rules" means chapter 197-11 WAC adopted by the state …

The board shall act as the responsible official for the purpose of complying with the SEPA rules, or the board may designate the chairperson of the forest practices board or his/her designee to serve as such responsible official.[Statutory Authority: RCW 43.21C.120, 76.09.040 and…

In accordance with chapter 42.56 RCW, the location of the board's SEPA public records is the Natural Resources Building, Forest Practices Division, Olympia, Washington.[Statutory Authority: RCW 76.09.040. WSR 08-24-011, § 222-10-110, filed 11/21/08, effective 12/22/08. Statutory …

The board may promulgate rules which must be promulgated immediately, or within a time too short to allow full compliance with this chapter of the SEPA rules where such action is required to avoid an imminent threat to public health or safety, to prevent imminent danger to public…

Decisions pertaining to the following are not subject to any procedural requirements implementing RCW 43.21C.030 (2)(c): Approval of forest road maintenance and abandonment plans, approval of future timber harvest schedules involving east-side clear cuts, acquisitions of conserva…

The board shall be considered the lead agency, consulted agency or an agency with jurisdiction only when the action considered is the action of promulgating rules under chapter 76.09 RCW.[Order 258, § 222-10-130, filed 5/21/76.]

These forest practices rules are adopted pursuant to chapter 76.09 RCW, and RCW 76.13.100 through 76.13.130. Where necessary to accomplish the purposes and policies stated in the act, the board is authorized to promulgate forest practices rules pursuant to chapter 34.05 RCW and i…

These rules are organized as follows:Chapter 222-08 WACPractices and procedures.Chapter 222-10 WACState Environmental Policy Act guidelines.Chapter 222-12 WACPolicy and organization.Chapter 222-16 WACDefinitions.Chapter 222-20 WACApplication and notification procedures.Chapter 22…

Forest practices are divided into four classes as specified by RCW 76.09.050 and described in WAC 222-16-050. Review periods and application and notification requirements differ as follows:(1) Class I forest practices require no application or notification, but do require complia…

In order to facilitate flexibility for small forest landowners in the timing of their forest practices activities, the department will receive, and approve or disapprove, long-term forest practices applications. Small forest landowners are eligible to submit long-term application…

(1) The review process for applications that include forest practices hydraulic projects is described in WAC 222-20-017. (2) Each forest practices hydraulic project included in an application will be reviewed on an individual basis and will be subject to rules and applicable cond…

All forest practice operations must comply with both the act and the rules promulgated pursuant to the act, unless an alternate plan has been approved by the department.(1) The alternate plan process can be used as a tool to deal with a variety of situations, including where the …

(1) Application. A landowner may submit an alternate plan that departs from the specific provisions of chapters 222-22 through 222-38 WAC for any or all of the activities described in the application. Alternate plans must be submitted with a three-year, multiyear, or small forest…

(1) The small forest landowner office has been established within the department to be a resource and focal point for small forest landowner concerns and policies. The legislature recognized that the further reduction in harvestable timber owned by small forest landowners would f…

The department will develop the section for alternate plans (WAC 222-12-090(21)) to submit to the board in cooperation with representatives of the small forest landowner office and advisory committee, the departments of ecology and fish and wildlife, United States Fish and Wildli…

The department will work cooperatively with associations representing the interests of large and small forest landowners to develop more efficient alternate planning guidance and processes. In pursuing greater efficiency and technical assistance, the department will consider:(1) …

(1) Audits. The department will conduct audits of landowner's compliance with the terms of alternate plans. The department will specifically review and approve each landowners scheduled performance reports, if a performance report is required, by checking the reports themselves o…

(1) Forest practices consistent with an agreement described in subsection (3) below are exempt from the forest practices rules in chapters 222-22 through 222-38 WAC if the following criteria are met:(a) The forest practices rule pertains to a species included within aquatic resou…

The forest practices board recognizes and encourages collaborative efforts to build solutions to pressing forest practices issues. The forest practices board may at any time use this method to assist in assessing and recommending solutions to issues. The benefits of this method l…

In order to further the purposes of chapter 76.09 RCW, the board has adopted and will manage a formal science-based adaptive management program (program), as set forth in WAC 222-08-160(2). Refer to board manual section 22 for program guidance and further information.(1) Purpose:…

The purpose of this section is to identify how the forest practices rules address changes to the environment caused by the interaction of natural ecosystem processes with the effects of two or more forest practices. This interaction is referred to as "cumulative effects." The fol…

*(1) Violations. When a forest practice has been completed, the department may issue a notice to comply requiring the operator or landowner to correct or compensate for damage to public resources where there was:(a) A violation of the act, or these rules; or(b) A deviation from t…

Supplemental directives are advisory directives and are issued to forest landowners, timber owners and operators conducting forest practices, recommending an alternate preferred course of action or a minor change in the operation, which the department believes would provide great…

Procedures for enforcement of these rules by the department are provided in chapter 222-46 WAC. Where the department of ecology determines that a person has failed to comply with the forest practices rules relating to water quality protection, and that the department of natural r…

(1) Certain decisions of the department may be appealed to the appeals board under chapter 76.09 RCW except that notices to comply may not be appealed to the appeals board unless first appealed to the department under RCW 76.09.090. Proceedings at the appeals board are governed b…

When approved by the board the manual serves as an advisory technical supplement to these forest practices rules. The department, in cooperation with the departments of fish and wildlife, agriculture, ecology, and such other agencies, affected Indian tribes, or interested parties…

Unless otherwise required by context, as used in these rules:"Act" means the Forest Practices Act, chapter 76.09 RCW."Affected Indian tribe" means any federally recognized Indian tribe that requests in writing from the department information on forest practices applications and n…

(1) Pursuant to RCW 76.09.040 (3)(a), the fish protection standards in the hydraulic code rules (chapter 220-110 WAC) applicable to forest practices activities are incorporated into the forest practices rules.(2) The department will evaluate forest practices hydraulic projects on…

The objective of the water typing system is to correctly classify waters to inform the appropriate application of riparian protections and to accurately determine the extent of fish habitat at the landscape scale. This section identifies the criteria to classify waters. The requi…

To assist applicants in determining the water type classification, the department prepares water type maps showing the location of Type S, F, and N (Np and Ns) Waters within the forested areas of the state. The mapping tool and instructions for viewing water type maps is availabl…

*The department in cooperation with the departments of fish and wildlife, and ecology, and affected Indian tribes shall classify wetlands. The wetlands will be classified in order to distinguish those which require wetland management zones and those which do not. Wetlands which r…

Wetlands mapping is required in connection with any forest practices application where the proposed activities relate to timber harvest or road construction.*(1) Landowners must map all forested wetlands and Type A and B Wetlands where more than one-tenth (0.1) acre of such wetla…

There are four classes of forest practices created by the act. All forest practices (including those in Classes I and II) on nonfederal forest lands must be conducted in accordance with the forest practices rules. The department determines the classification of each forest practi…

An application would not be classified as Class IV-special based on its potential impact to aquatic resources under any subsection of WAC 222-16-050(1) if the application is consistent with an agreement described in WAC 222-12-041(3) and the agreement addresses the risk to aquati…

(1) Prior to identification of any forest lands as having a likelihood of future conversion to urban development within a ten-year period, the department shall consider all available information, including but not limited to:(a) Whether the land is assessed under the provisions o…

*To identify forest practices involving pesticide uses that have the potential for a substantial impact on the environment, the department shall apply the process prescribed in this section. See WAC 222-16-050 (1)(a).(1) Pesticide list - The department shall maintain a list of al…

(1) Critical habitats (state) of threatened or endangered species and specific forest practices designated as Class IV-Special are as follows:(a) Gray wolf (Canis lupus) - Harvesting, road construction, or site preparation within one mile of a known active den site, documented by…

(1) Suitable spotted owl habitat means forest stands which meet the description of old forest habitat, sub-mature habitat or young forest marginal habitat found in (a) and (b) of this subsection. Old forest habitat is the highest quality, followed in descending order by sub-matur…