Wash. Admin. Code § 222-16-050 - *Classes of forest practices
Current through Register Vol. 22-07, April 1, 2022
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 practices proposal.
(1)
"Class
IV-special." Except as provided in WAC
222-16-051, application to
conduct forest practices involving the following circumstances requires an
environmental checklist in compliance with the State Environmental Policy Act
(SEPA), and SEPA guidelines, as they have been determined to have potential for
a substantial impact on the environment. It may be determined that additional
information or a detailed environmental statement is required before these
forest practices may be approved.
(a) Aerial
application of pesticides in a manner identified as having the potential for a
substantial impact on the environment under WAC
222-16-070 or ground application
of a pesticide within a Type A or B wetland.
(b) Specific forest practices listed in WAC
222-16-080 on lands designated as
critical habitat (state) of threatened or endangered species.
(c) Harvesting, road construction, aerial
application of pesticides and site preparation on all lands within the
boundaries of any national park, state park, or any park of a local
governmental entity, except harvest of less than five thousand board feet
within any developed park recreation area and park managed salvage of
merchantable forest products.
(d)
Timber harvest, or construction of roads, landings, gravel pits, rock quarries,
or spoil disposal areas, on potentially unstable slopes or landforms described
in (d)(i) of this subsection that has the potential to deliver sediment or
debris to a public resource or that has the potential to threaten public
safety, and which has been field verified by the department (see WAC
222-10-030 SEPA policies for
potentially unstable slopes and landforms).
(i) For the purpose of this rule, potentially
unstable slopes or landforms are one of the following: (See board manual
section 16 for more descriptive definitions.)
(A) Inner gorges, convergent headwalls, or
bedrock hollows with slopes steeper than thirty-five degrees (seventy
percent);
(B) Toes of deep-seated
landslides, with slopes steeper than thirty-three degrees (sixty-five
percent);
(C) Groundwater recharge
areas for glacial deep-seated landslides;
(D) Outer edges of meander bends along valley
walls or high terraces of an unconfined meandering stream; or
(E) Any areas containing features indicating
the presence of potential slope instability which cumulatively indicate the
presence of unstable slopes.
(ii) The department will base its
classification of the application or notification on professional knowledge of
the area, information such as soils, geologic or hazard zonation maps and
reports, review of approved watershed analysis mass wasting prescriptions
according to WAC
222-22-090(6)
or other information provided by the applicant.
(iii) An application would not be classified
as Class IV-special for potentially unstable slopes or landforms under this
subsection if:
(A) The proposed forest
practice is located within a watershed administrative unit (WAU) that is
subject to an approved watershed analysis;
(B) The forest practices are to be conducted
in accordance with approved prescriptions from the watershed analysis;
and
(C) The applicable
prescriptions are specific to the site or situation, as opposed to a
prescription that calls for additional analysis. The need for an expert to
determine whether the site contains specific landforms will not be considered
"additional analysis," as long as specific prescriptions are established for
such landforms.
(e) Timber harvest, in a WAU not subject to
an approved watershed analysis under chapter 222-22 WAC, construction of roads,
landings, rock quarries, gravel pits, borrow pits, and spoil disposal areas on
snow avalanche slopes within those areas designated by the department, in
consultation with department of transportation and local government, as high
avalanche hazard where there is the potential to deliver sediment or debris to
a public resource, or the potential to threaten public safety.
(f) Timber harvest or construction of roads,
landings, rock quarries, gravel pits, borrow pits, and spoil disposal areas on
the following except in (f)(iv) of this subsection:
(i) Archaeological sites or historic
archaeological resources as defined in
RCW
27.53.030; or
(ii) Historic sites eligible for listing on
the National Register of Historic Places or the Washington Heritage Register as
determined by the Washington state department of archaeology and historic
preservation; or
(iii) Sites
containing evidence of Native American cairns, graves, or glyptic records as
provided for in chapters 27.44 and
27.53 RCW. The department of
archaeology and historic preservation shall consult with affected Indian tribes
in identifying such sites.
(iv) A
forest practice would not be classified as Class IV-special under this
subsection if:
(A) Cultural resources
management strategies from an approved watershed analysis conducted under
chapter 222-22 WAC are part of the proposed forest practices, and the landowner
states this in the application; or
(B) A management plan agreed to by the
landowner, the affected Indian tribe, and the department of archaeology and
historic preservation is part of the proposed application, and the landowner
states this in the application.
(g) Forest practices subject to an approved
watershed analysis conducted under chapter 222-22 WAC in an area of resource
sensitivity identified in that analysis which deviates from the prescriptions
(which may include an alternate plan).
(h) Filling or draining of more than 0.5 acre
of a wetland.
(2)
"Class IV-general." Applications involving the following
circumstances are Class IV-general forest practices unless they are listed in
Class IV-special. Forest practices applications classified Class IV-general are
subject to the SEPA review process described in subsection (1) of this section.
(a) Forest practices (other than those in
Class I) on lands that are being converted to another use;
(b) Forest practices that would otherwise be
Class III, but are taking place on lands that are not to be reforested because
of likelihood of future conversion to urban development (see WAC
222-16-060 and
222-34-050 ); or
(c) Where the regulatory authority for forest
practices has not been transferred from the department to the local
governmental entity pursuant to
RCW
76.09.240(1), forest
practices involving timber harvesting or road construction on lands that are
contained within urban growth areas, designated pursuant to
chapter
36.70A RCW, except where
the forest landowner provides one of the following:
(i) A written statement of intent signed by
the forest landowner not to convert to a use other than commercial timber
operations for ten years. This statement must be accompanied by either a
written forest management plan acceptable to the department or documentation
that the land is enrolled under the provisions of chapter 84.33 or
84.34 RCW; or
(ii) A conversion option harvest plan
approved by the local governmental entity and submitted to the department as
part of the application.
Upon receipt of an application, the department will determine the lead agency for purposes of compliance with SEPA pursuant to WAC 197-11-924 and 197-11-938(4) and RCW 43.21C.037(2). Such applications are subject to a thirty-day period for approval unless the lead agency determines a detailed statement under RCW 43.21C.030(2)(c) is required. Upon receipt, if the department determines the application is for a proposal that will require a permit from a local governmental entity acting under the powers enumerated in RCW 76.09.240, the department shall notify the applicable local governmental entity under WAC 197-11-924 that the department has determined according to WAC 197-11-938(4) that the local governmental entity is the lead agency for purposes of compliance with the SEPA.
(3)
"Class I." Operations that
have been determined to have no direct potential for damaging a public resource
are Class I forest practices. When the conditions listed in Class IV-special
are not present, these operations may be commenced without notification or
application.
(a) Culture and harvest of
Christmas trees and seedlings.
(b)
Road maintenance except: Replacement of bridges and culverts across Type S, F
or flowing Type Np Waters; or movement of material that has a direct potential
for entering Type S, F or flowing Type Np Waters or Type A or B
Wetlands.
(c) Construction of
landings less than one acre in size, if not within a shoreline area of a Type S
Water, the riparian management zone of a Type F Water, the bankfull width of a
Type Np Water, a wetland management zone, a wetland, or the CRGNSA special
management area.
(d) Construction
of less than six hundred feet of road on a sideslope of forty percent or less
if the limits of construction are not within the shoreline area of a Type S
Water, the riparian management zone of a Type F Water, the bankfull width of a
Type Np Water, a wetland management zone, a wetland, or the CRGNSA special
management area.
(e) Installation
or removal of a portable water crossing structure where such installation does
not take place within the shoreline area of a Type S Water and does not involve
disturbance of the beds or banks of any waters.
(f) Initial installation and replacement of
relief culverts and other drainage control facilities not requiring an
application.
(g) Rocking an
existing road.
(h) Loading and
hauling timber from landings or decks.
(i) Precommercial thinning and pruning, if
not within the CRGNSA special management area.
(j) Tree planting and seeding.
(k) Cutting and/or removal of less than five
thousand board feet of timber (including live, dead and down material) for
personal use (i.e., firewood, fence posts, etc.) in any twelve-month period, if
not within the CRGNSA special management area.
(l) Emergency fire control and
suppression.
(m) Slash burning
pursuant to a burning permit (RCW 76.04.205
).
(n) Other slash control and site
preparation not involving either off-road use of tractors on slopes exceeding
forty percent or off-road use of tractors within the shorelines of a Type S
Water, the riparian management zone of any Type F Water, or the bankfull width
of a Type Np Water, a wetland management zone, a wetland, or the CRGNSA special
management area.
(o) Ground
application of chemicals, if not within the CRGNSA special management area. See
WAC 222-38-020 and
222-38-030.
(p) Aerial application of chemicals (except
insecticides), outside of the CRGNSA special management area when applied to
not more than forty contiguous acres if the application is part of a combined
or cooperative project with another landowner and where the application does
not take place within one hundred feet of lands used for farming, or within two
hundred feet of a residence, unless such farmland or residence is owned by the
forest landowner. Provisions of chapter 222-38 WAC shall apply.
(q) Forestry research studies and evaluation
tests by an established research organization.
(r) Any of the following if none of the
operation or limits of construction takes place within the shoreline area of a
Type S Water or the riparian management zone of a Type F Water, the bankfull
width of a Type Np Water or flowing Type Ns Water, or within the CRGNSA special
management area and the operation does not involve off-road use of tractor or
wheeled skidding systems on a sideslope of greater than forty percent:
(i) Any forest practices within the
boundaries of existing golf courses.
(ii) Any forest practices within the
boundaries of existing cemeteries which are approved by the cemetery
board.
(iii) Any forest practices
involving a single landowner where contiguous ownership is less than two acres
in size.
(4)
"Class II." Certain forest practices have been determined to have
a less than ordinary potential to damage a public resource and may be conducted
as Class II forest practices: Provided, that no forest practice enumerated
below may be conducted as a Class II forest practice if the operation is within
a "shorelines of the state," or involves owner of perpetual timber rights
subject to
RCW
76.09.067 (other than renewals). Such forest
practices require an application. No forest practice enumerated below may be
conducted as a Class II forest practice if it takes place on lands that are
being converted to another use. Unless the conditions described in (f) or (g)
of this subsection are met, no forest practice enumerated below involving
timber harvest or road construction may be conducted as a Class II if it takes
place within urban growth areas designated pursuant to
chapter
36.70A RCW. Such forest
practices require a Class IV application. Class II forest practices are the
following:
(a) Renewal of a prior Class II
notification where no change in the nature and extent of the forest practices
is required under rules effective at the time of renewal.
(b) Renewal of a previously approved Class
III or IV forest practices application where:
(i) No modification of the uncompleted
operation or of a forest practices hydraulic project design is
proposed;
(ii) No notices to
comply, stop work orders or other enforcement actions are outstanding with
respect to the prior application;
(iii) No change in the nature and extent of
the forest practice is required under rules effective at the time of renewal;
and
(iv) The application is not a
multiyear permit that is located within an area subject to reanalysis of a
watershed analysis under WAC
222-22-090(6).
(c) Any of the following if none
of the operation or limits of construction takes place within the riparian
management zone of a Type F Water, within the bankfull width of a Type Np
Water, within a wetland management zone, within a wetland, or within the CRGNSA
special management area:
(i) Construction of
advance fire trails.
(ii) Opening a
new pit of, or extending an existing pit by, less than one acre.
(d) Salvage of logging residue if
none of the operation or limits of construction takes place within the riparian
management zone of a Type F Water, within the bankfull width of a Type Np
Water, within a wetland management zone or within a wetland; and if none of the
operations involve off-road use of tractor or wheeled skidding systems on a
side-slope of greater than forty percent.
(e) Any of the following if none of the
operation or limits of construction takes place within the riparian management
zone of a Type F Water, within the bankfull width of a Type Np Water, within a
wetland management zone, within a wetland, or within the CRGNSA special
management area, and if none of the operations involve off-road use of tractor
or wheeled skidding systems on a sideslope of greater than forty percent, and
if none of the operations are located on lands with a likelihood of future
conversion (see WAC
222-16-060 ):
(i) West of the Cascade summit, partial
cutting of forty percent or less of the live timber volume.
(ii) East of the Cascade summit, partial
cutting of five thousand board feet per acre or less.
(iii) Salvage of dead, down, or dying timber
if less than forty percent of the total timber volume is removed in any
twelve-month period.
(iv) Any
harvest on less than forty acres.
(v) Construction of six hundred or more feet
of road, provided that the department shall be notified at least two business
days before commencement of the construction.
(f) Forest practices involving timber
harvesting or road construction listed in (a) through (e) of this subsection
within urban growth areas (UGAs) designated pursuant to
chapter
36.70A RCW, if the
landowner provides one of the following:
(i) A
written statement of intent signed by the forest landowner not to convert to a
use other than commercial timber operations for ten years. This statement must
be accompanied by either a written forest management plan acceptable to the
department, or documentation that the land is enrolled under the provisions of
chapter 84.33 or
84.34 RCW; or
(ii) A conversion option harvest plan
approved by the local governmental entity and submitted to the department as
part of the application.
(g) Forest practices listed in (a) through
(e) of this subsection within UGAs, and where the regulatory authority for
forest practices has been transferred to the local governmental entity pursuant
to RCW
76.09.240(1), may
nonetheless be Class II forest practices and regulated by the department if:
(i) The forest practice is on a landowner's
ownership of contiguous forest land equal to or greater than twenty acres;
and
(ii) The landowner provides
documentation described in (f)(i) or (ii) of this subsection.
(5)
"Class
III." Forest practices not listed under Classes IV, I or II above are
Class III forest practices. Among Class III forest practices are the following:
(a) Forest practices hydraulic projects
except where classed as Class I, II, and IV forest practices.
(b) Those within the shorelines of the state
other than those in a Class I forest practice.
(c) Aerial application of insecticides,
except where classified as a Class IV forest practice.
(d) Aerial application of chemicals (except
insecticides), except where classified as Class I or IV forest
practices.
(e) Harvest or salvage
of timber except where classed as Class I, II or IV forest practices.
(f) All road construction except as listed in
Classes I, II and IV forest practices.
(g) Opening of new pits or extensions of
existing pits over one acre.
(h)
Road maintenance involving:
(i) Replacement of
bridges or culverts across Type S, F or flowing Type Np Waters; or
(ii) Movement of material that has a direct
potential for entering Type S, F or flowing Type Np Waters or Type A or B
Wetlands.
(i) Operations
involving owner of perpetual timber rights subject to
RCW
76.09.067.
(j) Site preparation or slash abatement not
listed in Classes I or IV forest practices.
(k) Harvesting, road construction, site
preparation or aerial application of pesticides on lands which contain
cultural, historic or archaeological resources which, at the time the
application or notification is filed, have been identified to the department as
being of interest to an affected Indian tribe.
(l) Harvesting exceeding nineteen acres in a
designated difficult regeneration area.
(m) Utilization of an alternate plan. See WAC
222-12-040.
(n) Any filling of wetlands, except where
classified as Class IV forest practices.
(o) Multiyear permits.
(p) Small forest landowner long-term
applications that are not classified Class IV-special or Class IV-general, or
renewals of previously approved Class III or IV long-term
applications.
(q) Forest practices
involving timber harvest or road construction listed in (a) through (p) of this
subsection within urban growth areas (UGAs) designated pursuant to
chapter
36.70A RCW, if the
landowner provides documentation described in subsection (4)(f)(i) or (ii) of
this section.
(r) Forest practices
listed in (a) through (p) of this subsection within UGAs, and where the
regulatory authority for forest practices has been transferred to the local
governmental entity pursuant to
RCW
76.09.240(1), may
nonetheless be Class III forest practices and regulated by the department if:
(i) The forest practice is on a landowner's
ownership of contiguous forest land equal to or greater than twenty acres;
and
(ii) The landowner provides
documentation described in subsection (4)(f)(i) or (ii) of this
section.
(s) Removal of
beaver structures from culverts on forest roads.
Notes
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State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.