Current through Register Vol. 22-07, April 1, 2022
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Note:
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Compliance with this section does not ensure
compliance with the federal Endangered Species Act or the Clean Water
Act.
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On parcels of 20 contiguous acres or less, landowners with
total parcel ownership of less than 80 forested acres shall not be required to
leave the riparian buffers described in WAC
222-30-021 and
222-30-022. These landowners are
required to follow applicable watershed analysis riparian prescriptions in
effect as of January 1, 1999, or if there are no watershed analysis riparian
prescriptions in effect these landowners are required to follow the riparian
management zone rules below.
(1)
Western Washington RMZs for exempt 20-acre parcels. Riparian
management zones are measured horizontally from the outer edge of bankfull
width of a Type S or F Water and extend to the line where vegetation changes
from wetland to upland plant community, or the line required to leave
sufficient shade as required by WAC
222-30-040, whichever is greater,
but must not be less than 29 feet in width nor more than the maximum widths
described in (f) of this subsection, provided that the riparian management zone
width shall be expanded as necessary to include wetlands or ponds adjacent to
the stream. When the riparian management zone overlaps a Type A or B Wetland or
a wetland management zone, the requirement which best protects public resources
shall apply.
(a) Harvest units shall be
designed so that felling, bucking, yarding or skidding, and reforestation can
be accomplished in accordance with these rules, including those rules relating
to stream bank integrity and shade requirements to maintain stream temperature.
Where the need for additional actions or restrictions adjacent to waters not
covered by the following become evident, WAC
222-12-050 and
222-12-060 may apply.
(b) When requested in writing by the
applicant, the department shall assist in preparation of an alternate plan for
the riparian management zone.
(c)
Landowners must meet the following shade requirements in effect January 1,
1999, to maintain stream temperature.
(i)
Determination of adequate shade. The temperature prediction method in (c)(ii)
and (iii) of this subsection shall be used to determine appropriate shade
levels for flowing Type S and F Waters to prevent excessive water temperatures
which may have detrimental impact on aquatic resources.
(ii) Temperature prediction method. In
addition to the riparian management zone requirements described in (f) of this
subsection, leave trees shall be retained within the maximum riparian
management zones on flowing Type S and F Waters as provided by the method
described in the board manual which includes the following considerations:
(A) Minimum shade retention requirements;
and
(B) Regional water temperature
characteristics; and
(C) Elevation;
and
(D) Temperature criteria
defined for stream classes in chapter 173-201A WAC.
(iii) Leave tree requirements for shade. The
method described in (c)(ii) of this subsection shall be used to establish the
minimum shade cover based on site-specific characteristics. When site-specific
data indicate that preharvest conditions do not meet the minimums established
by the method, no additional shade removal from riparian management zones will
be allowed.
(iv) Waivers. The
department may waive or modify the shade requirements where:
(A) The applicant agrees to a staggered
setting program producing equal or greater shade requirements to maintain
stream temperature; or
(B) The
applicant provides alternative means of stream temperature control satisfactory
to the department; or
(C) The
temperature method indicates that additional shade will not affect stream
temperature.
(d) For wildlife habitat within the riparian
management zone, leave an average of 5 undisturbed and uncut wildlife trees per
acre at the ratio of 1 deciduous tree to 1 conifer tree equal in size to the
largest existing trees of those species within the zone. Where the 1 to 1 ratio
is not possible, then substitute either species present. Forty percent or more
of the leave trees shall be live and undamaged on completion of harvest.
Wildlife trees shall be left in clumps whenever possible.
(e) When 10 percent or more of the harvest
unit lies within any combination of a riparian management zone of Type S or F
Waters or a wetland management zone and the harvest unit is a clearcutting of
20 acres or less, leave not less than 50 percent of the trees required in (f)
of this subsection.
(f) Within the
riparian management zone, trees shall be left for wildlife and fisheries
habitat as provided for in the chart below. Fifty percent or more of the trees
shall be live and undamaged on completion of the harvest. The leave trees shall
be randomly distributed where feasible; some clumping is allowed to accommodate
operational considerations. The number, size, species and ratio of leave trees,
deciduous to conifer, is specified by the bed material and average width of the
water type within the harvest unit. Trees left according to (c) of this
subsection may be included in the number of required leave trees in this
subsection.
Western Washington Riparian Leave Tree
Requirements
For exempt 20-acre parcels
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Water
Type/Average
Bankfull Width
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RMZ
Maximum
Width
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Ratio of
Conifer to Deciduous/
Minimum Size Leave Trees
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# Trees/1000 ft. each side
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Gravel/Cobble
<10" Diameter
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Boulder/Bedrock
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S or F Water greater than or equal to 75'
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115'
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representative of stand
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58 trees
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29 trees
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S Water less than 75' and F Water less than 75' and
greater than or equal to 10'
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86'
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representative of stand
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115 trees
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60 trees
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F Water less than 10' and greater than or equal to
5'
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58'
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2 to 1
12" or next largest
available1
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86 trees
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29 trees
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F Water
less than 5'
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29'
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1 to 1
6" or next largest
available1
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29 trees
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29 trees
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1
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"Or next largest available" requires that the next
largest trees to those specified in the rule be left standing when those
available are smaller than the size specified.
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Ponds or lakes which are Type S or F Waters shall have the same
leave tree requirements as boulder/bedrock streams.
(2)
Eastern Washington
riparian management zones for exempt 20-acre parcels. These zones shall
be measured horizontally from the outer edge of bankfull width of Type S or F
Waters and extend to the line where vegetation changes from wetland to upland
plant community, or to the line required to leave sufficient shade as required
by WAC
222-30-040, whichever is greater,
but shall not be less than the minimum width nor more than the maximum widths
described in (c) of this subsection, provided that the riparian management zone
width shall be expanded as necessary to include wetlands or ponds adjacent to
the stream. When the riparian management zone overlaps a Type A or B Wetland or
a wetland management zone, the requirement which best protects public resources
shall apply.
(a) Harvest units shall be
designed so that felling, bucking, yarding or skidding, and reforestation can
be accomplished in accordance with these rules, including those rules relating
to stream bank integrity and shade requirements to maintain stream temperature.
Where the need for additional actions or restrictions adjacent to waters not
covered by the following become evident, WAC
222-12-050 and
222-12-060 may apply.
(b) When requested in writing by the
applicant, the department shall assist in preparation of an alternate plan for
the riparian management zone.
(c)
Within the riparian management zone, trees shall be left for wildlife and
fisheries habitat as provided for below. Fifty percent or more of the trees
shall be live and undamaged on completion of the harvest. The leave trees shall
be randomly distributed where feasible; some clumping is allowed to accommodate
operational considerations.
(i) The width of
the riparian management zone shall be based on the adjacent harvest type as
defined in WAC
222-16-010 "Partial cutting."
When the adjacent unit harvest type is:
Partial cutting - The riparian management zone width shall be a
minimum of 35 feet to a maximum of 58 feet on each side of the stream.
Other harvest types - The riparian management zone shall
average 58 feet in width on each side of the stream with a minimum width of 35
feet and a maximum of 345 feet on each side of the stream.
(ii) Leave tree requirements within the
riparian management zones of Type S or F Waters:
(A) Leave all trees 12 inches or less in
diameter breast height (dbh); and
(B) Leave all wildlife reserve trees within
the riparian management zone where operations in the vicinity do not violate
the state safety regulations (chapter 296-54 WAC and chapter 49.17 RCW
administered by department of labor and industries, safety division);
and
(C) Leave 18 live conifer trees
per acre between 12 inches dbh and 20 inches dbh distributed by size, as
representative of the stand; and
(D) Leave 4 live conifer trees per acre 20
inches dbh or larger and the 2 largest live deciduous trees per acre 16 inches
dbh or larger. Where these deciduous trees do not exist, and where 2 wildlife
reserve trees per acre 20 inches or larger do not exist, substitute 2 live
conifer trees per acre 20 inches dbh or larger. If live conifer trees of 20
inches dbh or larger do not exist within the riparian management zone, then
substitute the 5 largest live conifer trees per acre; and
(E) Leave 3 live deciduous trees per acre
between 12 inches and 16 inches dbh where they exist.
(iii) Minimum leave tree requirements per
acre for Type S or F Waters. Trees left for (c)(ii) of this subsection shall be
included in the minimum counts.
(A) On streams
with a boulder/bedrock bed, the minimum leave tree requirements shall be 75
trees per acre 4 inches dbh or larger.
(B) On streams with a gravel/cobble (less
than 10 inches diameter) bed, the minimum leave tree requirement shall be 155
trees per acre 4 inches dbh or larger.
(C) On lakes or ponds, the minimum leave tree
requirement shall be 86 trees per acre 4 inches dbh or larger.
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Note:
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See the board manual for guidelines for calculating
trees per acre and average RMZ widths.
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(d) When 10 percent or more of the harvest
unit lies within any combination of a riparian management zone of Type S or F
Waters or a wetland management zone and the harvest unit is 20 acres or less,
leave not less than 50 percent of the trees required in (c) of this subsection.
(See WAC
222-16-010 "Partial
cutting.")
(3)
Riparian leave tree areas for exempt 20-acre parcels. The
department will require trees to be left along Type Np Waters where such
practices are necessary to protect public resources. Where such practices are
necessary, leave at least 29 conifer or deciduous trees, 6 inches in diameter
or larger, on each side of every 1000 feet of stream length within 29 feet of
the stream. The leave trees may be arranged to accommodate the
operation.
(4) For the purposes of
this section RMZ means: A specified area alongside Type S and F Waters where
specific measures are taken to protect water quality and fish and wildlife
habitat.
