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76.04.135 | Cooperative agreements—Public agencies—Transfer of ownership of department-owned firefighting vehicle, procedure. | (1) For the purpose of promoting and facilitating cooperation among fire protection agencies, including the department, and between the department and other agencies that manage lands owned by the state, and to more adequately protect life, property, and the natural resources of the state, the department may enter into... |
76.04.155 | Firefighting—Employment—Assistance. | (1) The department may employ a sufficient number of persons to extinguish or prevent the spreading of any fire that may be in danger of damaging or destroying any timber or other property on department protected lands. The department may provide needed tools and supplies and may provide transportation when necessary f... |
76.04.165 | Legislative declaration—Forest protection zones. | (1) The legislature finds and declares that forestlands within the state are increasingly being used for residential purposes; that the risk to life and property is increasing from forest fires which may destroy developed property; that, based on the primary missions for the respective fire control agencies established... |
76.04.167 | Legislative declaration—Equitable sharing of forest fire protection costs—Coordinated forest fire protection and suppression. | (1) The legislature hereby finds and declares that: (a) Forest wildfires are a threat to public health and safety and can cause catastrophic damage to public and private resources, including clean air, clean water, fish and wildlife habitat, timber resources, forest soils, scenic beauty, recreational opportunities, eco... |
76.04.175 | Fire suppression equipment—Comparison of costs. | (1) The department shall, by June 1 of each year, establish a list of fire suppression equipment, such as portable showers, kitchens, water tanks, dozers, and hauling equipment, provided by the department so that the cost by unit or category can be determined and can be compared to the expense of utilizing private vend... |
76.04.177 | Fire suppression equipment—Requirement to utilize private equipment. | Before constructing or purchasing any equipment listed in RCW 76.04.175 (1) for wildfire suppression, the department shall compare the per use cost of the equipment to be purchased or constructed with the per use cost of utilizing private equipment. If utilizing private equipment is more effective and efficient, the de... |
76.04.179 | Wildland fire advisory committee. | (1) The commissioner must appoint and maintain a wildland fire advisory committee to generally advise the commissioner on all matters related to wildland firefighting in the state. This includes, but is not limited to, developing recommendations regarding department capital budget requests related to wildland firefight... |
76.04.181 | Maximizing the utilization of local fire suppression assets—Department's duty. | (1) To maximize the effective utilization of local fire suppression assets, the department is required to: (a) Actively engage in ongoing prefire season outreach and recruitment of qualified wildland fire suppression contractors and equipment owners who have valid incident qualifications for the type of contracted work... |
76.04.183 | Prescribed burn manager certification program—Rule-making authority. | (1) Subject to availability of amounts appropriated for this specific purpose, the department must create a prescribed burn manager certification program for those who practice prescribed burning in the state. The certification program must include training on all relevant aspects of prescribed fire in Washington inclu... |
76.04.185 | Electric utility wildfire mitigation plan. | (1) The department, in consultation with the energy resilience and emergency management office of the department of commerce, shall contract with an independent consultant with experience in developing electric utility wildfire mitigation plans to develop an electric utility wildfire mitigation plan format and a list o... |
76.04.187 | Wildfire risk assessment—Public safety evacuation strategies—Emergency disaster and evacuation plan messaging—Other departmental duties. | (1)(a) The department must assess areas at significant risk for wildfire, by decade, for a period encompassing not less than 30 years. The assessment must include an analysis of the predicted climate influence on wildfire risk in the state and provide enough detail for landowners, the public, local governments, and fed... |
76.04.192 | Aviation usage by local fire departments—Report to the legislature.(Expires July 1, 2027.) | (1) The department shall prepare and submit, consistent with RCW 43.01.036 , an appendix on aviation usage by local fire departments for initial attack as a part of its annual wildfire report to the standing committees of the legislature with jurisdiction over wildland firefighting. The department shall submit the repo... |
76.04.194 | Aerial fire response—Use of suppression funding.(Expires July 1, 2027.) | (1) Subject to the availability of amounts appropriated for this specific purpose, the department must use suppression funding to assist local fire departments with aerial fire response capabilities during the critical initial attack phase of fighting a wildland fire. (2) The department must use suppression funding to ... |
76.04.196 | Prescribed fire claims fund pilot program—Prescribed fire claims account.(Expires June 30, 2033.) | (1) Subject to the availability of amounts appropriated for this specific purpose, the office of risk management shall, in consultation with the department, establish a prescribed fire claims fund pilot program for the purposes of: (a) Supporting coverage for losses from prescribed fires and cultural burning on departm... |
76.04.205 | Burning permits—Civil penalty. | (1) Except in certain areas designated by the department or as permitted under rules adopted by the department, a person shall have a valid written burning permit obtained from the department to burn: (a) Any flammable material on any lands under the protection of the department; or (b) Refuse or waste forest material ... |
76.04.215 | Burning mill wood waste—Arresters. | (1) It is unlawful for anyone manufacturing lumber or shingles, or other forest products, to destroy wood waste material by burning within one-fourth of one mile of any forest material without properly confining the place of the burning and without further safeguarding the surrounding property against danger from the b... |
76.04.235 | Dumping mill waste, forest debris—Penalty. | (1) No person may dump mill waste from forest products, or forest debris of any kind, in quantities that the department declares to constitute a forest fire hazard on or threatening forestlands located in this state without first obtaining a written permit issued by the department on such terms and conditions determine... |
76.04.246 | Use of blasting fuse. | It is unlawful to use fuse for blasting on any area of logging slash or area of actual logging operation without a permit during the closed season. Upon the issuance of a written permit by the department or warden or ranger, fuse may be used during the closed season under the conditions specified in the permit.
[ 1986 ... |
76.04.305 | Closed to entry—Designation. | (1) When, in the opinion of the department, any forestland is particularly exposed to fire danger, the department may designate such land as a region of extra fire hazard subject to closure, and the department shall adopt rules for the protection thereof. (2) All such rules shall be published in such newspapers of gene... |
76.04.315 | Suspension of burning permits/privileges. | In times and localities of unusual fire danger, the department may issue an order suspending any or all burning permits or privileges authorized by RCW 76.04.205 and may prohibit absolutely the use of fire in such locations.
[ 1986 c 100 s 22 .] |
76.04.325 | Closure of forest operations or forestlands. | (1) When in the opinion of the department weather conditions arise which present an extreme fire hazard, whereby life and property may be endangered, the department may issue an order shutting down all logging, land clearing, or other industrial operations which may cause a fire to start. The shutdown shall be for the ... |
76.04.405 | Steam, internal combustion, or electrical engines and other spark-emitting equipment regulated. | It is unlawful during the closed season for any person to operate any steam, internal combustion, or electric engine, or any other spark-emitting equipment or device, on any forestland or in any place where, in the opinion of the department, fire could spread to forestland, without first complying with the requirements... |
76.04.415 | Penalty for violations—Work stoppage notice. | (1) Every person upon receipt of written notice issued by the department that such person has or is violating any of the provisions of RCW 76.04.215 , 76.04.305 , 76.04.405 , or 76.04.650 or any rule adopted by the department concerning fire prevention and fire suppression preparedness shall cease operations until comp... |
76.04.425 | Unauthorized entry into sealed fire tool box. | It is unlawful to enter into a sealed fire tool box without authorization.
[ 1986 c 100 s 26 .] |
76.04.435 | Deposit of fire or live coals. | No person operating a railroad may permit to be deposited by any employee, and no one may deposit fire or live coals, upon the right-of-way within one-fourth of one mile of any forest material, during the closed season, unless the fire or live coals are immediately extinguished.
[ 1986 c 100 s 27 .] |
76.04.445 | Reports of fire. | (1) Any person engaged in any activity on forestlands shall immediately report to the department, in person or by radio, telephone, or telegraph, any fires on forestlands. (2) Railroad companies and other public carriers operating on or through forestlands shall immediately report to the department, in person or by rad... |
76.04.455 | Discarding lighted material or smoking flammable material—Discharge, release, or detonation of certain materials—Receptacles in conveyances—Posting a copy of this section. | (1)(a) Except as otherwise provided in this subsection, it is unlawful for any person to, during the closed season: (i) Discard any lighted tobacco, cigars, cigarettes, matches, fireworks, charcoal, or other lighted material, discharge any incendiary ammunition, release a sky lantern, or detonate an exploding target on... |
76.04.465 | Certain snags to be felled currently with logging. | Standing dead trees constitute a substantial deterrent to effective fire control action in forest areas, but are also an important and essential habitat for many species of wildlife. To insure continued existence of these wildlife species and continued forest growth while minimizing the risk of destruction by conflagra... |
76.04.475 | Reimbursement for costs of suppression action. | Any person, firm, or corporation, public or private, obligated to take suppression action on any forest fire is entitled to reimbursement for reasonable costs incurred, subject to the following: (1) No reimbursement is allowed under this section to a person, firm, or corporation whose negligence is responsible for the ... |
76.04.486 | Escaped slash burns—Obligations. | (1) All personnel and equipment required by the burning permit issued for a slash burn may be required by the department, at the permittee's expense, for suppression of a fire resulting from the slash burn until the fire is declared out by the department. In no case may the permittee provide less than one suitable bull... |
76.04.495 | Negligent starting of fires or allowance of extreme fire hazard or debris—Liability—Recovery of reasonable expenses—Lien. | (1) Any person, firm, or corporation: (a) Whose negligence is responsible for the starting or existence of a fire which spreads on forestland; or (b) who creates or allows an extreme fire hazard under RCW 76.04.660 to exist and which hazard contributes to the spread of a fire; or (c) who allows forest debris subject to... |
76.04.505 | Finding—Intent. | (1) Over the last decade, forestland and rangeland wildfires have grown larger and increased in intensity and destructiveness throughout Washington state. The annual acres burned in our state illustrates this alarming trend. In the 1990s, an average of 86,000 acres burned annually. In the 2000s, the average annual acre... |
76.04.511 | Wildfire response, forest restoration, and community resilience account. | (1) The wildfire response, forest restoration, and community resilience account is created in the state treasury. All receipts from moneys directed to the account must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for carrying ou... |
76.04.516 | Report to the governor and legislature—Forest inventory—Forest growth and yield modeling—Sustainable harvest calculation—Review—Report. | (1) By December 1st of each even-numbered year, and in compliance with RCW 43.01.036 , the department must report to the governor and legislature on the following: (a) The type and amount of the expenditures made, by fiscal year, and for what purpose, from the wildfire response, forest restoration, and community resili... |
76.04.521 | Forest sector workforce development. | (1) The legislature finds that satisfying the goals identified in RCW 76.04.505 to increase the pace and scale of forest health treatments and improve wildfire prevention and response requires increasing the workforce that is needed to perform this critical work. This need creates an opportunity to develop employment a... |
76.04.525 | Wildland fire aviation support plan. | The department must develop and implement a wildland fire aviation support plan, as recommended by the wildland fire protection 10-year strategic plan, in order to expand and improve the effectiveness and cost-efficiency of the department's wildland fire aviation program. The wildland fire aviation support plan must in... |
76.04.600 | Owners to protect forests. | Every owner of forestland in the state of Washington shall furnish or provide, during the season of the year when there is danger of forest fires, adequate protection against the spread of fire thereon or therefrom which shall meet with the approval of the department.
[ 1986 c 100 s 34 .] |
76.04.610 | Forest fire protection assessment. | (1)(a) If any owner of forestland within a forest protection zone neglects or fails to provide adequate fire protection as required by RCW 76.04.600 , the department shall provide such protection and shall annually impose the following assessments on each parcel of such land: (i) A flat fee assessment of seventeen doll... |
76.04.620 | State funds—Loans—Recovery of funds from the landowner contingency forest fire suppression account. | Biennial general fund appropriations to the department of natural resources normally provide funds for the purpose of paying the emergency fire costs and expenses incurred and/or approved by the department in forest fire suppression or in reacting to any potential forest fire situation. When a determination is made tha... |
76.04.630 | Landowner contingency forest fire suppression account—Expenditures—Assessments. | There is created a landowner contingency forest fire suppression account in the state treasury. Moneys in the account may be spent only as provided in this section. Disbursements from the account shall be on authorization of the commissioner of public lands or the commissioner's designee. The account is subject to the ... |
76.04.650 | Disposal of forest debris—Permission to allow trees to fall on another's land. | Everyone clearing land or clearing right-of-way for railroad, public highway, private road, ditch, dike, pipe or wire line, or for any other transmission, or transportation utility right-of-way, shall pile and burn or dispose of by other satisfactory means, all forest debris cut thereon, as rapidly as the clearing or c... |
76.04.660 | Additional fire hazards—Extreme fire hazard areas—Abatement, isolation or reduction—Summary action—Recovery of costs—Inspection of property. | (1) The owner of land on which there is an additional fire hazard, when the hazard is the result of a landowner operation or the land is within an area covered by a forest health hazard warning issued under RCW 76.06.180 , shall take reasonable measures to reduce the danger of fire spreading from the area and may abate... |
76.04.700 | Failure to extinguish campfire. | It is unlawful for any person to start any fire upon any camping ground and upon leaving the camping ground fail to extinguish the fire.
[ 1986 c 100 s 40 .] |
76.04.710 | Wilful setting of fire. | It is unlawful for any person to wilfully start a fire, whether on his or her land or the land of another, whereby forestlands or the property of another is endangered, under circumstances not amounting to arson in either the first or second degree or reckless burning in either the first or second degree.
[ 1986 c 100 ... |
76.04.720 | Removal of notices. | It is unlawful for any person to wilfully and without authorization deface or remove any warning notice posted under the requirements of this chapter.
[ 1986 c 100 s 42 .] |
76.04.730 | Negligent fire—Spread. | It is unlawful for any person to negligently allow fire originating on the person's own property to spread to the property of another.
[ 1986 c 100 s 43 .] |
76.04.740 | Reckless burning. | (1) It is unlawful to knowingly cause a fire or explosion and thereby place forestlands in danger of destruction or damage. (2) This section does not apply to acts amounting to reckless burning in the first degree under RCW 9A.48.040 . (3) Terms used in this section shall have the meanings given to them in Title 9A RCW... |
76.04.750 | Uncontrolled fire a public nuisance—Suppression—Duties—Summary action—Recovery of costs. | Any fire on or threatening any forestland burning uncontrolled and without proper action being taken to prevent its spread, notwithstanding the origin of the fire, is a public nuisance by reason of its menace to life and property. Any person engaged in any activity on such lands, having knowledge of the fire, notwithst... |
76.04.760 | Civil actions—Forested lands—Fire damage. | (1) The owner of public or private forested lands may bring a civil action in superior court for property damage to public or private forested lands, including real and personal property on those lands, when the damage results from a fire that started on or spread from public or private forested lands. (2) Liability un... |
76.04.770 | Authorization to enter privately or publicly owned land to extinguish or control a wildland fire—Limitation of liability. | (1)(a) An individual may, consistent with this section, enter privately owned or publicly owned land for the purposes of attempting to extinguish or control a wildland fire, regardless of whether the individual owns the land, when fighting the wildland fire in that particular time and location can be reasonably conside... |
76.04.780 | Utility wildland fire prevention advisory committee—Duties—Report—Membership—Immunity. | (1) The commissioner shall convene a utility wildland fire prevention advisory committee with electrical power distribution utilities by August 1, 2021. The duties of the advisory committee are to advise the department on issues including, but not limited to: (a) Matters related to the ongoing implementation of the rel... |
76.04.900 | Captions—1986 c 100. | As used in this act subchapter and section captions constitute no part of the law.
[ 1986 c 100 s 60 .] |
76.06.010 | Forest insects and tree diseases are public nuisance. | The legislature finds and declares that: (1) Forest insects and forest tree diseases which threaten the permanent timber production of the forested areas of the state of Washington are a public nuisance. (2) Exotic forest insects or diseases, even in small numbers, can constitute serious threats to native forests. Nati... |
76.06.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agent" means the recognized legal representative, representatives, agent, or agents for any owner. (2) "Commissioner" means the commissioner of public lands. (3) "Department" means the department of natural... |
76.06.030 | Administration—Comprehensive forest health program—Limited liability. | (1) This chapter shall be administered by the department. (2) The department has the lead role in developing a comprehensive forest health program to achieve the goals of chapter 480, Laws of 2007. Within available funding, the department shall: (a) Develop, gather, and disseminate information on forest health conditio... |
76.06.040 | Maintenance of forestlands in healthy condition. | Landowners and managers are encouraged to maintain their forestlands in a healthy condition in order to meet their individual ownership objectives, protect public resources as defined in chapter 76.09 RCW, and avoid contributing to forest insect or disease outbreaks or increasing the risk of uncharacteristic fire.
[ 20... |
76.06.130 | Exotic forest insect or disease control—Department's authority and duties—Declaration of forest health emergency. | The department is authorized to contribute resources and expertise to assist the department of agriculture in control or eradication efforts authorized under chapter 17.24 RCW in order to protect forestlands of the state. If either the department of agriculture has not taken action under chapter 17.24 RCW or the commis... |
76.06.140 | Forest health problems—Findings. | The legislature finds as follows: (1) Washington faces serious forest health problems, primarily in eastern Washington, where forests are overcrowded or trees lack sufficient resilience to insects, diseases, wind, ice storms, and fire. The causes of and contributions to these conditions include fire suppression, past t... |
76.06.150 | Forest health—Commissioner of public lands designated as state's lead—Duties—Report to legislature. | (1) The commissioner is designated as the state of Washington's lead for all forest health issues. (2) The commissioner shall strive to promote communications between the state, tribes, and the federal government regarding forestland management decisions that potentially affect the health of forests in Washington and w... |
76.06.160 | Forest health issues—Tiered system. | Forest health issues shall be addressed by a tiered system. (1) The first tier is intended to maintain forest health and protect forests from disturbance agents through the voluntary efforts of landowners. Tier 1 is the desired status. Consistent with landowner objectives and the protection of public resources, forests... |
76.06.170 | Forest health technical advisory committee. | (1) The commissioner of public lands may appoint a forest health technical advisory committee when the commissioner determines that forestlands in any area of the state appear to be threatened by a forest health condition of such a nature, extent, or timing that action to reduce the threat may be necessary. (a) The com... |
76.06.180 | Forest health hazard warning—Forest health hazard order—Notice—Appeal. | (1) Prior to issuing a forest health hazard warning or forest health hazard order, the commissioner shall consider the findings and recommendations of the forest health technical advisory committee and shall consult with county government officials, forestland owners and forestland managers, consulting foresters, and o... |
76.06.190 | Chapter 480, Laws of 2007 subject to the provisions of chapter76.09RCW. | Nothing in chapter 480, Laws of 2007 shall exempt actions specified under the authority of chapter 480, Laws of 2007 from the application of the provisions of chapter 76.09 RCW and rules adopted thereunder which govern forest practices.
[ 2007 c 480 s 9 .] |
76.06.200 | Forest health assessment and treatment framework. | (1) The department must establish a forest health assessment and treatment framework designed to proactively and systematically address the forest health issues facing the state. Specifically, the framework must endeavor to achieve an initial goal of assessing and treating one million acres of land by 2033. (2) The dep... |
76.06.900 | Severability. | If any part of this chapter or requirements imposed upon landowners pursuant to this chapter are found to conflict with requirements of other statutes or rules, the conflicting part of this chapter or requirements imposed pursuant to this chapter shall be inoperative solely to the extent of the conflict. The finding or... |
76.09.010 | Legislative finding and declaration. | (1) The legislature hereby finds and declares that the forestland resources are among the most valuable of all resources in the state; that a viable forest products industry is of prime importance to the state's economy; that it is in the public interest for public and private commercial forestlands to be managed consi... |
76.09.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately. (2) "Appeals board" means ... |
76.09.030 | Forest practices board—Created—Membership—Terms—Vacancies—Meetings—Compensation, travel expenses—Staff. | (1) There is hereby created the forest practices board of the state of Washington as an agency of state government consisting of members as follows: (a) The commissioner of public lands or the commissioner's designee; (b) The director of the department of commerce or the director's designee; (c) The director of the dep... |
76.09.040 | Forest practices rules—Adoption—Review of proposed rules—Hearings—Fish protection standards—Program for the acquisition of riparian open space. | (1)(a) Where necessary to accomplish the purposes and policies stated in RCW 76.09.010 , and to implement the provisions of this chapter, the board shall adopt forest practices rules pursuant to chapter 34.05 RCW and in accordance with the procedures enumerated in this section that: (i) Establish minimum standards for ... |
76.09.050 | Rules establishing classes of forest practices—Applications for classes of forest practices—Approval or disapproval—Notifications—Procedures—Appeals—Waiver. | (1) The board shall establish by rule which forest practices shall be included within each of the following classes: Class I: Minimal or specific forest practices that have no direct potential for damaging a public resource and that may be conducted without submitting an application or a notification except that when t... |
76.09.055 | Findings—Emergency rule making authorized. | (1) The legislature finds that the levels of fish stocks throughout much of the state require immediate action to be taken to help these fish runs where possible. The legislature also recognizes that federal and state agencies, tribes, county representatives, and private timberland owners have spent considerable effort... |
76.09.060 | Form and contents of notification and application—Reforestation requirements—Conversion of forestland to other use—New applications—Approval—Emergencies. | (1) The department shall prescribe the form and contents of the notification and application. The forest practices rules shall specify by whom and under what conditions the notification and application shall be signed or otherwise certified as acceptable. Activities conducted by the department or a contractor under the... |
76.09.063 | Forest practices permit—Habitat incentives agreement. | When a private landowner is applying for a forest practices permit under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of fish and wildlife as provided in *RCW 77.55.300 , the department shall comply with the terms of that agreement when evaluatin... |
76.09.065 | Fee for applications and notifications related to the commercial harvest of timber—Forest practices application account—Creation—Applications submitted to a local governmental entity. | (1) An applicant shall pay an application fee, if applicable, at the time an application or notification is submitted to the department or to the local governmental entity as provided in this chapter. (2)(a) If RCW 77.55.361 , 76.09.490 , 76.09.040 , and 76.09.060 are not enacted into law by June 30, 2012, then the fee... |
76.09.067 | Application for forest practices—Owner of perpetual timber rights. | Notwithstanding any other provision of this chapter to the contrary, for the purposes of RCW 76.09.050 (1) and 76.09.060 , where timber rights have been transferred by deed to a perpetual owner who is different from the forestland owner, the owner of perpetual timber rights may sign the forest practices application or ... |
76.09.070 | Reforestation—Requirements—Procedures—Notification on sale or transfer. | (1) After the completion of a logging operation, satisfactory reforestation, as defined by the rules and regulations promulgated by the board, shall be completed within three years. However: (a) A longer period may be authorized if seed or seedlings are not available; (b) A period of up to five years may be allowed whe... |
76.09.080 | Stop work orders—Grounds—Contents—Procedure—Appeals. | (1) The department shall have the authority to serve upon an operator a stop work order which shall be a final order of the department if: (a) There is any violation of the provisions of this chapter or the forest practices regulations; or (b) There is a deviation from the approved application; or (c) Immediate action ... |
76.09.090 | Notice of failure to comply—Contents—Procedures—Appeals—Hearing—Final order—Limitations on actions. | If a violation, a deviation, material damage or potential for material damage to a public resource has occurred and the department determines that a stop work order is unnecessary, then the department shall issue and serve upon the operator or land owner a notice, which shall clearly set forth: (1)(a) The specific natu... |
76.09.100 | Failure to comply with water quality protection—Department of ecology authorized to petition appeals board—Action on petition. | If the department of ecology determines that a person has failed to comply with the forest practices regulations relating to water quality protection, and that the department of natural resources has not issued a stop work order or notice to comply, the department of ecology shall inform the department thereof. If the ... |
76.09.110 | Final orders or final decisions binding upon all parties. | Unless declared invalid on appeal, a final order of the department or a final decision of the appeals board shall be binding upon all parties.
[ 1974 ex.s. c 137 s 11 .] |
76.09.120 | Failure of owner to take required course of action—Notice of cost—Department authorized to complete course of action—Liability of owner for costs—Lien. | If an operator fails to undertake and complete any course of action with respect to a forest practice, as required by a final order of the department or a final decision of the appeals board or any court pursuant to RCW 76.09.080 and 76.09.090 , the department may determine the cost thereof and give written notice of s... |
76.09.130 | Failure to obey stop work order—Departmental action authorized—Liability of owner or operator for costs. | When the operator has failed to obey a stop work order issued under the provisions of RCW 76.09.080 the department may take immediate action to prevent continuation of or avoid material damage to public resources. If a final order or decision fixes liability with the operator, timber owner, or forestland owner, they sh... |
76.09.140 | Enforcement. | (1) The department of natural resources may take any necessary action to enforce any final order or final decision, and may disapprove any forest practices application or notification submitted by any person who has failed to comply with a final order or final decision or has failed to pay any civil penalties as provid... |
76.09.150 | Inspection—Right of entry. | (1) The department shall make inspections of forestlands, before, during, and after the conducting of forest practices as necessary for the purpose of ensuring compliance with this chapter, the forest practices rules, including forest practices rules incorporated under RCW 76.09.040 (3), and to ensure that no material ... |
76.09.160 | Right of entry by department of ecology. | Any duly authorized representative of the department of ecology shall have the right to enter upon forestland at any reasonable time to administer the provisions of this chapter and RCW 90.48.420 .
[ 1974 ex.s. c 137 s 16 .] |
76.09.170 | Violations—Conversion to nontimber operation—Penalties—Remission or mitigation—Appeals—Lien. | (1) Every person who violates any provision of RCW 76.09.010 through 76.09.280 or of the forest practices rules, or who converts forestland to a use other than commercial timber operation within three years after completion of the forest practice without the consent of the county, city, or town, shall be subject to a p... |
76.09.180 | Disposition of moneys received as penalties, reimbursement for damages. | All penalties received or recovered by state agency action for violations as prescribed in RCW 76.09.170 shall be deposited in the state general fund. All such penalties recovered as a result of local government action shall be deposited in the local government general fund. Any funds recovered as reimbursement for dam... |
76.09.190 | Additional penalty, gross misdemeanor. | In addition to the penalties imposed pursuant to RCW 76.09.170 , any person who conducts any forest practice or knowingly aids or abets another in conducting any forest practice in violation of any provisions of RCW 76.09.010 through 76.09.280 or 90.48.420 , or of the regulations implementing RCW 76.09.010 through 76.0... |
76.09.205 | Appeals board review. | A person aggrieved by the approval or disapproval of an application to conduct a forest practice or the approval or disapproval of any landscape plan or permit or watershed analysis may seek review from the appeals board by filing a request for the same within thirty days from the date of receipt of the decision. Concu... |
76.09.240 | Forest 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. | (1)(a) Counties planning under RCW 36.70A.040 with a population greater than one hundred thousand, and the cities and towns within those counties, where more than a total of twenty-five Class IV forest practices applications, as defined in RCW 76.09.050 (1) Class IV (a) through (d), have been filed with the department ... |
76.09.250 | Policy for continuing program of orientation and training. | The board shall establish a policy for a continuing program of orientation and training to be conducted by the department with relation to forest practices and the regulation thereof pursuant to RCW 76.09.010 through 76.09.280 .
[ 1974 ex.s. c 137 s 25 .] |
76.09.260 | Department to represent state's interest—Cooperation with other public agencies—Grants and gifts. | The department shall represent the state's interest in matters pertaining to forestry and forest practices, including federal matters, and may consult with and cooperate with the federal government and other states, as well as other public agencies, in the study and enhancement of forestry and forest practices. The dep... |
76.09.270 | Annual determination of state's research needs—Recommendations. | The department, along with other affected agencies and institutions, shall annually determine the state's needs for research in forest practices and the impact of such practices on public resources and shall recommend needed projects to the governor and the legislature.
[ 1974 ex.s. c 137 s 27 .] |
76.09.280 | Removal of log and debris jams from streams. | Forestland owners shall permit reasonable access requested by appropriate agencies for removal from streambeds abutting their property of log and debris jams accumulated from upstream ownerships. Any owner of logs in such jams in claiming or removing them shall be required to remove all unmerchantable material from the... |
76.09.290 | Inspection of lands—Reforestation. | The department shall inspect, or cause to be inspected, deforested lands of the state and ascertain if the lands are valuable chiefly for agriculture, timber growing, or other purposes, with a view to reforestation.
[ 1986 c 100 s 49 .] |
76.09.300 | Mass earth movements and fluvial processes—Program to correct hazardous conditions on sites associated with roads and railroad grades—Hazard-reduction plans. | (1) Mass earth movements and fluvial processes can endanger public resources and public safety. In some cases, action can be taken which has a probability of reducing the danger to public resources and public safety. In other cases it may be best to take no action. In order to determine where and what, if any, actions ... |
76.09.305 | Advisory committee to review hazard-reduction plans authorized—Compensation, travel expenses. | The forest practices board may, upon request of the department or at its own discretion, appoint an advisory committee consisting of not more than five members qualified by appropriate experience and training to review and comment upon such draft hazard reduction plans prepared by the department as the department submi... |
76.09.310 | Hazard-reduction program—Notice to landowners within areas selected for review—Proposed plans—Objections to plan, procedure—Final plans—Appeal. | (1) The department shall send a notice to all forestland owners, both public and private, within the geographic area selected for review, stating that the department intends to study the area as part of the hazard-reduction program. (2) The department shall prepare a proposed plan for each geographic area studied. The ... |
76.09.315 | Implementation of hazard-reduction measures—Election—Notice and application for cost-sharing funds—Inspection—Letter of compliance—Limitations on liability. | (1) When a forestland owner elects to implement the recommended hazard-reduction measures, the landowner shall notify the department and apply for cost-sharing funds. Upon completion, the department shall inspect the remedial measures undertaken by the forestland owner. If, in the department's opinion, the remedial mea... |
76.09.320 | Implementation of hazard-reduction program—Cost sharing by department—Limitations. | (1) Subject to the availability of appropriated funds, the department shall pay fifty percent of the cost of implementing the hazard-reduction program, except as provided in subsection (2) of this section. (2) In the event department funds described in subsection (1) of this section are not available for all or a porti... |
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