Title 76 — Title 76 FORESTS AND FOREST PRODUCTS
13 chapters · 240 sections in this title.
RCW 76.04.525 Wildland fire aviation support plan.
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The department must develop and implement a wildland fire aviation support plan, as recommended by the wildland fire protection 10-year strategic plan, in order to expand and improve the effectiveness and cost-efficiency of the department's wildland fire aviation program. The wil…
RCW 76.04.600 Owners to protect forests.
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Every owner of forestland in the state of Washington shall furnish or provide, during the season of the year when there is danger of forest fires, adequate protection against the spread of fire thereon or therefrom which shall meet with the approval of the department.[ 1986 c 100…
RCW 76.04.610 Forest fire protection assessment.
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(1)(a) If any owner of forestland within a forest protection zone neglects or fails to provide adequate fire protection as required by RCW 76.04.600, the department shall provide such protection and shall annually impose the following assessments on each parcel of such land: (i) …
RCW 76.04.620 State funds—Loans—Recovery of funds from the landowner contingency forest fire suppression account.
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Biennial general fund appropriations to the department of natural resources normally provide funds for the purpose of paying the emergency fire costs and expenses incurred and/or approved by the department in forest fire suppression or in reacting to any potential forest fire sit…
RCW 76.04.630 Landowner contingency forest fire suppression account—Expenditures—Assessments.
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There is created a landowner contingency forest fire suppression account in the state treasury. Moneys in the account may be spent only as provided in this section. Disbursements from the account shall be on authorization of the commissioner of public lands or the commissioner's …
RCW 76.04.650 Disposal of forest debris—Permission to allow trees to fall on another's land.
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Everyone clearing land or clearing right-of-way for railroad, public highway, private road, ditch, dike, pipe or wire line, or for any other transmission, or transportation utility right-of-way, shall pile and burn or dispose of by other satisfactory means, all forest debris cut …
RCW 76.04.660 Additional fire hazards—Extreme fire hazard areas—Abatement, isolation or reduction—Summary action—Recovery of costs—Inspection of property.
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(1) The owner of land on which there is an additional fire hazard, when the hazard is the result of a landowner operation or the land is within an area covered by a forest health hazard warning issued under RCW 76.06.180, shall take reasonable measures to reduce the danger of fir…
RCW 76.04.700 Failure to extinguish campfire.
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It is unlawful for any person to start any fire upon any camping ground and upon leaving the camping ground fail to extinguish the fire.[ 1986 c 100 s 40.]
RCW 76.04.710 Wilful setting of fire.
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It is unlawful for any person to wilfully start a fire, whether on his or her land or the land of another, whereby forestlands or the property of another is endangered, under circumstances not amounting to arson in either the first or second degree or reckless burning in either t…
RCW 76.04.720 Removal of notices.
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It is unlawful for any person to wilfully and without authorization deface or remove any warning notice posted under the requirements of this chapter.[ 1986 c 100 s 42.]
RCW 76.04.730 Negligent fire—Spread.
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It is unlawful for any person to negligently allow fire originating on the person's own property to spread to the property of another.[ 1986 c 100 s 43.]
RCW 76.04.740 Reckless burning.
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(1) It is unlawful to knowingly cause a fire or explosion and thereby place forestlands in danger of destruction or damage.(2) This section does not apply to acts amounting to reckless burning in the first degree under RCW 9A.48.040.(3) Terms used in this section shall have the m…
RCW 76.04.750 Uncontrolled fire a public nuisance—Suppression—Duties—Summary action—Recovery of costs.
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Any fire on or threatening any forestland burning uncontrolled and without proper action being taken to prevent its spread, notwithstanding the origin of the fire, is a public nuisance by reason of its menace to life and property. Any person engaged in any activity on such lands,…
RCW 76.04.760 Civil actions—Forested lands—Fire damage.
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(1) The owner of public or private forested lands may bring a civil action in superior court for property damage to public or private forested lands, including real and personal property on those lands, when the damage results from a fire that started on or spread from public or …
RCW 76.04.770 Authorization to enter privately or publicly owned land to extinguish or control a wildland fire—Limitation of liability.
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(1)(a) An individual may, consistent with this section, enter privately owned or publicly owned land for the purposes of attempting to extinguish or control a wildland fire, regardless of whether the individual owns the land, when fighting the wildland fire in that particular tim…
RCW 76.04.780 Utility wildland fire prevention advisory committee—Duties—Report—Membership—Immunity.
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(1) The commissioner shall convene a utility wildland fire prevention advisory committee with electrical power distribution utilities by August 1, 2021. The duties of the advisory committee are to advise the department on issues including, but not limited to:(a) Matters related t…
RCW 76.04.900 Captions—1986 c 100.
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As used in this act subchapter and section captions constitute no part of the law.[ 1986 c 100 s 60.]
RCW 76.06.010 Forest insects and tree diseases are public nuisance.
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The legislature finds and declares that:(1) Forest insects and forest tree diseases which threaten the permanent timber production of the forested areas of the state of Washington are a public nuisance.(2) Exotic forest insects or diseases, even in small numbers, can constitute s…
RCW 76.06.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Agent" means the recognized legal representative, representatives, agent, or agents for any owner.(2) "Commissioner" means the commissioner of public lands.(3) "Depart…
RCW 76.06.030 Administration—Comprehensive forest health program—Limited liability.
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(1) This chapter shall be administered by the department.(2) The department has the lead role in developing a comprehensive forest health program to achieve the goals of chapter 480, Laws of 2007. Within available funding, the department shall:(a) Develop, gather, and disseminate…
RCW 76.06.040 Maintenance of forestlands in healthy condition.
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Landowners and managers are encouraged to maintain their forestlands in a healthy condition in order to meet their individual ownership objectives, protect public resources as defined in chapter 76.09 RCW, and avoid contributing to forest insect or disease outbreaks or increasing…
RCW 76.06.130 Exotic forest insect or disease control—Department's authority and duties—Declaration of forest health emergency.
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The department is authorized to contribute resources and expertise to assist the department of agriculture in control or eradication efforts authorized under chapter 17.24 RCW in order to protect forestlands of the state.If either the department of agriculture has not taken actio…
RCW 76.06.140 Forest health problems—Findings.
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The legislature finds as follows:(1) Washington faces serious forest health problems, primarily in eastern Washington, where forests are overcrowded or trees lack sufficient resilience to insects, diseases, wind, ice storms, and fire. The causes of and contributions to these cond…
RCW 76.06.150 Forest health—Commissioner of public lands designated as state's lead—Duties—Report to legislature.
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(1) The commissioner is designated as the state of Washington's lead for all forest health issues.(2) The commissioner shall strive to promote communications between the state, tribes, and the federal government regarding forestland management decisions that potentially affect th…
RCW 76.06.160 Forest health issues—Tiered system.
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Forest health issues shall be addressed by a tiered system.(1) The first tier is intended to maintain forest health and protect forests from disturbance agents through the voluntary efforts of landowners. Tier 1 is the desired status. Consistent with landowner objectives and the …
RCW 76.06.170 Forest health technical advisory committee.
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(1) The commissioner of public lands may appoint a forest health technical advisory committee when the commissioner determines that forestlands in any area of the state appear to be threatened by a forest health condition of such a nature, extent, or timing that action to reduce …
RCW 76.06.180 Forest health hazard warning—Forest health hazard order—Notice—Appeal.
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(1) Prior to issuing a forest health hazard warning or forest health hazard order, the commissioner shall consider the findings and recommendations of the forest health technical advisory committee and shall consult with county government officials, forestland owners and forestla…
RCW 76.06.190 Chapter 480, Laws of 2007 subject to the provisions of chapter 76.09 RCW.
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Nothing in chapter 480, Laws of 2007 shall exempt actions specified under the authority of chapter 480, Laws of 2007 from the application of the provisions of chapter 76.09 RCW and rules adopted thereunder which govern forest practices.[ 2007 c 480 s 9.]
RCW 76.06.200 Forest health assessment and treatment framework.
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(1) The department must establish a forest health assessment and treatment framework designed to proactively and systematically address the forest health issues facing the state. Specifically, the framework must endeavor to achieve an initial goal of assessing and treating one mi…
RCW 76.06.900 Severability.
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If any part of this chapter or requirements imposed upon landowners pursuant to this chapter are found to conflict with requirements of other statutes or rules, the conflicting part of this chapter or requirements imposed pursuant to this chapter shall be inoperative solely to th…
RCW 76.09.010 Legislative finding and declaration.
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(1) The legislature hereby finds and declares that the forestland resources are among the most valuable of all resources in the state; that a viable forest products industry is of prime importance to the state's economy; that it is in the public interest for public and private co…
RCW 76.09.020 Definitions.
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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 the results of actions taken so that the management and related policy can be changed promptly and ap…
RCW 76.09.030 Forest practices board—Created—Membership—Terms—Vacancies—Meetings—Compensation, travel expenses—Staff.
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(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:(a) The commissioner of public lands or the commissioner's designee;(b) The director of the department of commerce or the director's…
RCW 76.09.040 Forest practices rules—Adoption—Review of proposed rules—Hearings—Fish protection standards—Program for the acquisition of riparian open space.
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(1)(a) 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 forest practices rules pursuant to chapter 34.05 RCW and in accordance with the procedures enumerated in this section tha…
RCW 76.09.050 Rules establishing classes of forest practices—Applications for classes of forest practices—Approval or disapproval—Notifications—Procedures—Appeals—Waiver.
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(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 practices that have no direct potential for damaging a public resource and that may be conducted without submitting an applicati…
RCW 76.09.055 Findings—Emergency rule making authorized.
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(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 runs where possible. The legislature also recognizes that federal and state agencies, tribes, county representatives, and private timberla…
RCW 76.09.060 Form and contents of notification and application—Reforestation requirements—Conversion of forestland to other use—New applications—Approval—Emergencies.
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(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 conditions the notification and application shall be signed or otherwise certified as acceptable. Activities conducted by …
RCW 76.09.063 Forest practices permit—Habitat incentives agreement.
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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 the department and the department of fish and wildlife as provided in *RCW 77.55.300, the department shall comply with the…
RCW 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.
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(1) An applicant shall pay an application fee, if applicable, at the time an application or notification is submitted to the department or to the local governmental entity as provided in this chapter.(2)(a) If RCW 77.55.361, 76.09.490, 76.09.040, and 76.09.060 are not enacted int…
RCW 76.09.067 Application for forest practices—Owner of perpetual timber rights.
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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 deed to a perpetual owner who is different from the forestland owner, the owner of perpetual timber rights may sig…
RCW 76.09.070 Reforestation—Requirements—Procedures—Notification on sale or transfer.
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(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 three years. However:(a) A longer period may be authorized if seed or seedlings are not available;(b) A period …
RCW 76.09.080 Stop work orders—Grounds—Contents—Procedure—Appeals.
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(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 if:(a) There is any violation of the provisions of this chapter or the forest practices regulations; or(b) There is a deviation from the approved…
RCW 76.09.090 Notice of failure to comply—Contents—Procedures—Appeals—Hearing—Final order—Limitations on actions.
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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 work order is unnecessary, then the department shall issue and serve upon the operator or land owner a notice, which shall cle…
RCW 76.09.100 Failure to comply with water quality protection—Department of ecology authorized to petition appeals board—Action on petition.
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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 the department of natural resources has not issued a stop work order or notice to comply, the department of ecology shal…
RCW 76.09.110 Final orders or final decisions binding upon all parties.
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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 ex.s. c 137 s 11.]
RCW 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.
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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 the department or a final decision of the appeals board or any court pursuant to RCW 76.09.080 and 76.09.090, the department may determine the co…
RCW 76.09.130 Failure to obey stop work order—Departmental action authorized—Liability of owner or operator for costs.
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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 prevent continuation of or avoid material damage to public resources. If a final order or decision fixes liability with the operator, ti…
RCW 76.09.140 Enforcement.
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(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 application or notification submitted by any person who has failed to comply with a final order or final decision or has fai…
RCW 76.09.150 Inspection—Right of entry.
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(1) The department shall make inspections of forestlands, before, during, and after the conducting of forest practices as necessary for the purpose of ensuring compliance with this chapter, the forest practices rules, including forest practices rules incorporated under RCW 76.09.…
RCW 76.09.160 Right of entry by department of ecology.
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Any duly authorized representative of the department of ecology shall have the right to enter upon forestland at any reasonable time to administer the provisions of this chapter and RCW 90.48.420.[ 1974 ex.s. c 137 s 16.]