Current through Register Vol. 22-07, April 1, 2022
(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 of chapter 84.33 or
84.34 RCW;
(b) Whether the land is excluded from any
local improvement district;
(c)
Whether the classification of the land in the local comprehensive plan or the
local zoning ordinance permits or encourages long-term timber
production;
(d) Whether the land
lies outside the current or proposed boundary of a city or the urban growth
boundary of a city or outside a water or sewer district;
(e) Whether the land has received previous
development permit approval;
(f)
The presence or absence of a written forest management plan for the land.
Any identification must be consistent with any local or
regional land use plans or ordinances.
(2) A local governmental entity with
jurisdiction or an affected Indian tribe may submit to the department a
proposal for identification of forest lands that have the likelihood of future
conversion to urban development within a ten-year period.
(3) The department may develop a public
participation process when identifying forest lands with a likelihood of future
conversion to urban development within a ten-year period.
(4) Forest lands that have been identified by
the department prior to the effective date of this section as having a
likelihood of future conversion to urban development within a ten-year period
shall be reviewed under subsection (1) of this section to determine if the
identification should be withdrawn or modified.
(5) A landowner that submits an application
or notification in an area that has been identified as having a likelihood of
future conversion to urban development within a ten-year period may request the
department to reconsider the identification of the affected parcel. The
department shall remove the identification if the landowner complies with (a)
of this subsection and at least one from (b) or (c) of this subsection:
(a) The landowner submits a statement of
intent not to convert to a use other than commercial timber operation for a
period of ten years after completion of the forest practice. The statement
shall be on a form prepared by the department and shall indicate the landowner
is aware of the provisions of
RCW
76.09.060(3)(b);
and
(b) The land is enrolled under
the provisions of chapter 84.28, 84.33, or
84.34 RCW; or
(c) A written forest management plan for the
land covering the next ten years has been reviewed and accepted by the
department.
