Current through Register Vol. 22-07, April 1, 2022
No Class II, III or IV forest
shall be commenced or continued unless the department has
received a notification for Class II forest practices, or approved an
application for Class III or IV forest practices pursuant to the act. Where the
time limit for the department to act on the application has expired, and none
of the conditions in WAC
exist, the operation may commence. (NOTE: OTHER LAWS AND RULES AND/OR PERMIT
REQUIREMENTS MAY APPLY. SEE CHAPTER 222-50
The department shall
prescribe the form and contents of notifications and applications. The
department shall specify the information required for a notification, and the
information required for the department to approve or disapprove an
provided in subsection (4) of this section, applications and
notifications shall be signed by the landowner, the timber owner, and
the operator if the operator is known at the time the application is submitted.
Electronic signatures may be accepted when the department develops an
electronic business system.
lieu of a landowner's signature, where the timber rights have been transferred
by deed to a perpetual owner who is different from the forest landowner, the
owner of perpetual timber rights may sign a forest practices application or
notification for operations not converting to another use and the statement of
intent not to convert for a set period of time. The holder of perpetual timber
rights shall serve the signed forest practices application or notification and
the signed statement of intent on the forest landowner. The forest practices
application shall not be considered complete until the holder of perpetual
timber rights has submitted evidence acceptable to the department that such
service has occurred.
Where an application for a conversion is not signed by the
landowner, the department shall not approve the application. Applications and
notifications for the development or maintenance of utility rights of way shall
not be considered to be conversions.
Transfer of the approved
application or notification to a new landowner, timber owner or operator
requires written notice by the former landowner or timber owner to the
department and should include the original application or notification number.
This written notice shall be in a form acceptable to the department and shall
contain an affirmation signed by the new landowner, timber owner, or operator,
as applicable, that he/she agrees to be bound by all conditions on the approved
application or notification. In the case of a transfer of an application
previously approved without the landowner's signature, the new timber owner or
operator must submit a bond securing compliance with the requirements of the
forest practices rules as determined necessary by the department. If an
application or notification indicates that the landowner or timber owner is
also the operator, or an operator signed the application, no notice need be
given regarding any change in subcontractors or similar independent contractors
working under the supervision of the operator of record.
The landowner or timber owner must
provide notice of hiring or change of operator
to the department within
forty-eight hours of the change. The department shall promptly notify the
landowner if the operator is subject to a notice of intent to disapprove under
Once notified, the landowner will not permit the operator, who is subject to a
notice of intent to disapprove, to conduct the forest practices specified in
the application or notification, or any other forest practices until such
notice of intent to disapprove is removed by the department.
if complete, will be considered officially received on
the date shown on any registered or certified mail receipt, or the written
receipt given at the date of personal delivery, or on the date of receipt by
general mail delivery, or on the date of electronic receipt when the department
develops an electronic business system. The department will immediately provide
a dated receipt to the applicant. Applications or notifications that are not
complete, or are inaccurate will not be considered officially received until
the applicant furnishes the necessary information to complete the application.
(a) A review statement from the U.S. Forest
Service that evaluates compliance of the forest practices with the Columbia
River Gorge National Scenic Area Act (CRGNSA) special management area
guidelines is necessary information for an application or notification within
the CRGNSA special management area. The review statement requirement shall be
waived if the applicant can demonstrate the U.S. Forest Service received a
complete plan application and failed to act within forty-five days.
A complete environmental checklist (WAC
) is necessary information for all Class IV applications.
(c) A local governmental entity clearing
and/or grading permit is necessary information for all Class IV applications on
lands that will be converted to a use other than commercial timber operations
if the local governmental entity has jurisdiction and has an ordinance
requiring such permit.
checklist road maintenance and abandonment plan is necessary information for
all small forest landowners' applications or notifications for timber harvest
(including salvage), unless exempt under WAC
or unless the application is a small forest landowner long-term application
which requires a roads assessment.
Where potentially unstable slopes
or landforms are in or around the area of an application,
may require the landowner to provide additional information in order to
classify the application appropriately. If necessary, the department may
require additional geologic information prepared by a qualified expert. The
department may request that the qualified expert explain the methods the
qualified expert used to evaluate the proposed harvest or construction
activities with respect to the potentially unstable slopes or landforms.
Nothing in this subsection is intended to require a geotechnical report if the
geologic information provided is sufficient to appropriately classify the
"Qualified expert" is defined
"Potentially unstable slopes or
landforms" are those listed in WAC
required by the department prior to the approval of any future forest practices
application or notification to an operator or landowner under the provisions of