Forest Practices Act
Washington · Forests and Forest Products · §§ 76.09.010 to 76.09.935 · 60 sections
Overview
The Forest Practices Act regulates commercial timber harvesting and related activities on forestland — including road work, reforestation, and the conversion of forestland to other uses — with express attention to water quality, fish habitat, and unstable terrain. It creates a forest practices board authorized to adopt rules that sort forest practices into classes, each carrying its own notification, application, or permit requirement, and it obligates landowners and operators to reforest harvested land. Compliance is enforced through inspections and rights of entry, stop-work orders, notices of failure to comply, monetary and misdemeanor penalties, cost-recovery liens against the property, and review by an appeals board, while other provisions authorize hazard-reduction programs for slide-prone roads and slopes, long-term multispecies landscape plans, and alternate compliance paths for small forestland owners.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 94 court decisions.
Most-cited authority: 69 Wash. App. 655 - Snohomish County v. State
Sections covered
- RCW 76.09.010Legislative finding and declaration.17 cites
- RCW 76.09.020Definitions.16 cites
- RCW 76.09.030Forest practices board—Created—Membership—Terms—Vacancies—Meetings—Compensation, travel expenses—Staff.2 cites
- RCW 76.09.040Forest practices rules—Adoption—Review of proposed rules—Hearings—Fish protection standards—Program for the acquisition of riparian open space.10 cites
- RCW 76.09.050Rules establishing classes of forest practices—Applications for classes of forest practices—Approval or disapproval—Notifications—Procedures—Appeals—Waiver.16 cites
- RCW 76.09.055Findings—Emergency rule making authorized.
- RCW 76.09.060Form and contents of notification and application—Reforestation requirements—Conversion of forestland to other use—New applications—Approval—Emergencies.9 cites
- RCW 76.09.063Forest practices permit—Habitat incentives agreement.
- RCW 76.09.065Fee for applications and notifications related to the commercial harvest of timber—Forest practices application account—Creation—Applications submitted to a local governmental entity.
- RCW 76.09.067Application for forest practices—Owner of perpetual timber rights.
- RCW 76.09.070Reforestation—Requirements—Procedures—Notification on sale or transfer.2 cites
- RCW 76.09.080Stop work orders—Grounds—Contents—Procedure—Appeals.6 cites
- RCW 76.09.090Notice of failure to comply—Contents—Procedures—Appeals—Hearing—Final order—Limitations on actions.2 cites
- RCW 76.09.100Failure to comply with water quality protection—Department of ecology authorized to petition appeals board—Action on petition.
- RCW 76.09.110Final orders or final decisions binding upon all parties.
- RCW 76.09.120Failure of owner to take required course of action—Notice of cost—Department authorized to complete course of action—Liability of owner for costs—Lien.
- RCW 76.09.130Failure to obey stop work order—Departmental action authorized—Liability of owner or operator for costs.
- RCW 76.09.140Enforcement.3 cites
- RCW 76.09.150Inspection—Right of entry.2 cites
- RCW 76.09.160Right of entry by department of ecology.
- RCW 76.09.170Violations—Conversion to nontimber operation—Penalties—Remission or mitigation—Appeals—Lien.3 cites
- RCW 76.09.180Disposition of moneys received as penalties, reimbursement for damages.
- RCW 76.09.190Additional penalty, gross misdemeanor.1 cite
- RCW 76.09.205Appeals board review.
- RCW 76.09.240Forest practices—County, city, or town to regulate—When—Adoption of development regulations—Enforcement—Technical assistance—Exceptions and limitations—Verification that land not subject to a notice of conversion to nonforestry uses—Reporting of information to the department of revenue.2 cites
- RCW 76.09.250Policy for continuing program of orientation and training.
- RCW 76.09.260Department to represent state's interest—Cooperation with other public agencies—Grants and gifts.
- RCW 76.09.270Annual determination of state's research needs—Recommendations.
- RCW 76.09.280Removal of log and debris jams from streams.
- RCW 76.09.290Inspection of lands—Reforestation.
- RCW 76.09.300Mass earth movements and fluvial processes—Program to correct hazardous conditions on sites associated with roads and railroad grades—Hazard-reduction plans.
- RCW 76.09.305Advisory committee to review hazard-reduction plans authorized—Compensation, travel expenses.
- RCW 76.09.310Hazard-reduction program—Notice to landowners within areas selected for review—Proposed plans—Objections to plan, procedure—Final plans—Appeal.
- RCW 76.09.315Implementation of hazard-reduction measures—Election—Notice and application for cost-sharing funds—Inspection—Letter of compliance—Limitations on liability.
- RCW 76.09.320Implementation of hazard-reduction program—Cost sharing by department—Limitations.
- RCW 76.09.330Legislative findings—Liability from naturally falling trees required to be left standing.1 cite
- RCW 76.09.340Certain forest practices exempt from rules and policies under this chapter.
- RCW 76.09.350Long-term multispecies landscape management plans—Pilot projects, selection—Plan approval, elements—Notice of agreement recorded—Memorandums of agreements—Report, evaluation.
- RCW 76.09.360Single multiyear permit.
- RCW 76.09.368Intent—Small forestland owners—Alternate plan processes/alternate harvest restrictions—Report to the legislature.
- RCW 76.09.370Findings—Forests and fish report—Adoption of rules.
- RCW 76.09.390Sale of land or timber rights with continuing obligations—Notice—Failure to notify—Exemption.
- RCW 76.09.405Forest and fish support account—Created.
- RCW 76.09.410Road maintenance and abandonment plans—Fish passage barriers.
- RCW 76.09.420Road maintenance and abandonment plans—Rules—Checklist—Report to the legislature—Emergency rules.
- RCW 76.09.430Application to RCW 76.13.150.
- RCW 76.09.440Small forestland owner—Fish passage barriers.
- RCW 76.09.450Small forestland owner—Defined.
- RCW 76.09.460Notice of conversion to nonforestry use—Denial of permits or approvals by the county, city, town, or regional governmental entity—Enforcement.
- RCW 76.09.470Conversion of land to nonforestry use—Action required of landowner—Action required of county, city, town, or regional governmental entity.
- RCW 76.09.480Identification of projects that mitigate infrastructure and noninfrastructure development.
- RCW 76.09.490Forest practices hydraulic project—Department may request information/technical assistance from the department of fish and wildlife—Concurrence review process.
- RCW 76.09.500Programmatic safe harbor agreement for the northern spotted owl—Department's authority—Rule making—Review of decisions.
- RCW 76.09.900Short title.2 cites
- RCW 76.09.905Air pollution laws not modified.
- RCW 76.09.910Shoreline management act, hydraulics act, other statutes and ordinances not modified—Exceptions.
- RCW 76.09.915Repeal and savings.
- RCW 76.09.920Application for extension of prior permits.
- RCW 76.09.925Effective dates—1974 ex.s. c 137.
- RCW 76.09.935Severability—1974 ex.s. c 137.
Enacted in other states
All Washington named statutes →
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