Questions and Answers from Forest Practices Illustrated, Washington State Department of Natural Resources, 1997.

1. Does the Forest Practices Illustrated book cover all of the forest practices rules?
2. What are forest practices?
3. Why do we have forest practices rules?
4. Who makes the forest practices rules?
5. Who enforces the forest practices rules?
6. When do I need to file a forest practices application?
7. Are there forestry activities that do not require a forest practices application?
8. Who is responsible for filing the forest practices application?
9. Where do I obtain and submit a forest practices application?
10. Are cities and counties (whether or not planning under GMA) required to adopt forest practices regulations by December 31, 2001?
11. Is there a fee for filing a forest practices application?
12. How long will it take for my application to be processed?
13. Who reviews my forest practices application?
14. What is the Timber, Fish and Wildlife Agreement (TFW) and how does it affect my application?
15. What is SEPA and how does it affect my forest practices application?
16. Are there circumstances requiring special resource protection which may affect my forest practices application (FPA)?
17. When do I need a Hydraulic Project Approval (HPA) in addition to my FPA?
18. What happens if my land is in a DNR Watershed Analysis Unit?
19. What if I don’t agree with a decision made by DNR?
20. When will my approved application expire?
21. What if I plan to convert forest land to a non-forestry use?
22. If there is a violation, who is responsible?
23. Are there other regulations and requirements which apply to forestry operations?
24. Where can I get information and assistance?
25. What are the pros and cons of adopting a forest practices ordinance now vs. waiting until the end of 2001?
26. How will a small community be able to cover the costs of a forest practices program?
27. Could the city proceed with adopting procedures for applying and lifting a moratorium now and wait to complete the rest of the required ordinance?

1. Does the Forest Practices Illustrated book cover all of the forest practices rules?

   No. This book includes selected forest practices rules that relate to timber harvest, road construction, reforestation and use of pesticides or fertilizer. It’s not a substitute for the Forest Practices Act, Rules or Board Manual. (We refer to these three sources as "the forest practices rules.") If you have questions regarding compliance with forest practices requirements, please refer directly to the rules. This book is not meant to interpret the rules or make enforceable suggestions which exceed legal requirements.

   Where possible, we have included additional information which landowners have indicated would be helpful to them. Contact your regional DNR office for a copy of the Forest Practices Rules, Board Manual, and Act.

2. What are forest practices?

   Practices related to growing, harvesting or processing timber, including, but not limited to, road construction and maintenance, thinning, salvage, harvesting, reforestation, brush control, and using fertilizers or pesticides. These practices are regulated by the Washington Forest Practices Act and its corresponding rules.

3. Why do we have forest practices rules?

   To protect water quality, provide fish and wildlife habitat, protect capital improvements, and ensure that harvested areas are reforested.

   In 1974, the Washington State legislature wrote the Forest Practices Act, Chapter 76.09 of the Revised Code of Washington (RCW). The Act defines a plan to protect public resources while assuring that Washington continues to be a productive timber growing area. The Forest Practices Act regulates activities related to growing, harvesting or processing timber, including Christmas trees, on all local government, state, and private forest lands.

4. Who makes the forest practices rules?

   The forest practices rules, which are issued under the Act, are established by the Forest Practices Board. This board is made up of eleven people representing a variety of interests. They are:

   • The Commissioner of Public Lands,
   • An elected county official appointed by the governor,
   • Representatives from the state department of:
     • Community Trade and Economic Development
     • Agriculture
     • Ecology,
   • Six members of the general public appointed by the governor, including:
   • A small timberland owner (not more than 500 acres),
   • An independent logging contractor,
   • and four members at large.

5. Who enforces the forest practices rules?

   The Department of Natural Resources (DNR) through its seven region offices.

6. When do I need to file a forest practices application?

   Generally, you need to file a forest practices application whenever you plan to conduct most forest practices, including, but not limited to, harvesting timber, constructing roads, or applying forest chemicals.

7. Are there forestry activities that do not require a forest practices application?

   Yes, but forest practices rules must still be followed so that public resources are protected. Some examples of such practices include:

   • Non-chemical site preparation
   • Tree planting
   • Seedling protection devices
   • Precommercial thinning
   • Pruning
   • Seeding grasses and forage
   • Hand slashing competing vegetation
   • Ground application of chemicals (except in Riparian and Wetland Management Zones)
   • Cutting less than 5,000 board feet per year (approximately one log truck load) of timber for personal use (i.e., not for sale)
   • Pruning, shearing, and harvesting Christmas trees and boughs
   • Fish and wildlife habitat enhancement projects (may require a Hydraulic Project Approval Permit from the Washington State Department of Fish and Wildlife)
   • Burning slash (requires a permit from DNR)
   • Road maintenance activities that do not affect water

8. Who is responsible for filing the forest practices application?

   The landowner is responsible, although a landowner representative can file the application.

9. Where do I obtain and submit a forest practices application?

   At the DNR region office which serves the area where your forest land is located. (See page64 for the location of DNR region offices.)

10. Are cities and counties (whether or not planning under GMA) required to adopt forest practices regulations by December 31, 2001?

    RCW 76.09.240(1) states that "By December 31, 2001, each county and each city shall adopt ordinances or promulgate regulations setting standards for those Class IV forest practices regulated by local government" (emphasis added). RCW 76.09.240(2) goes on to say that "Class IV forest practices regulations shall be administered and enforced by the counties and cities that promulgate them." This is mandatory language, requiring all cities and counties (whether or not planning under GMA) to adopt and administer forest practices regulations. It may be less clear about what " for those Class IV forest practices regulated by local government" means. According to Sherry Felix, from the Forest Practices Division of the Department of Natural Resources, the Division's position is that it refers to Class IV - general forest practices where the forest lands are being converted (or are likely to be converted) to other uses, rather than reforested. These are distinct from Class IV - special forest practices, which take place where there is a potential for a substantial impact on the environment, and DNR will evaluate the permit applications. "Class IV - general" and "Class IV - special" are defined in WAC 222-16-050 (enclosed). The statute that describes classes of forest practices is RCW 76.09.050 (enclosed). In addition (in GMA cities and counties) other classes of forest practices that involve timber harvesting or road construction within urban growth areas, are to be processed as Class IV forest practices (with some exceptions). Although the language in the statutes is not entirely clear, we believe that this is the most likely interpretation.

11. Is there a fee for filing a forest practices application?

    There is a $50 fee for forest practices applications related to the commercial harvest of timber. There is a $500 fee for applications on lands in Growth Management Areas or being converted to non-forest uses. There is no fee for silvicultural practices which do not involve timber harvest.

12. How long will it take for my application to be processed?

    Applications are generally processed between five and thirty days. Depending upon the class of your application the process may take longer. Processing begins after the application is reviewed for completeness and accuracy.

13. Who reviews my forest practices application?

    DNR forest practices region staff, local government and Timber, Fish and Wildlife (TFW) Agreement cooperators.

14. What is the Timber, Fish and Wildlife Agreement (TFW) and how does it affect my application?

    In 1987, several public agencies, environmental organizations, tribes, and timber landowners forged the TFW agreement as a positive alternative to confrontations between groups and potential lawsuits over forestry issues. The goal of TFW is to protect public resources while maintaining a viable timber industry. Agencies and organizations participating in the TFW process may review and comment on applications.

15. What is SEPA and how does it affect my forest practices application?

    The State Environmental Policy Act (SEPA) is the process for public review of your complete operation. It requires that projects be evaluated for their impacts to the environment. An environmental checklist is required for property that was platted, for conversions, and for operations that may have substantial impact on the environment.

16. Are there circumstances requiring special resource protection which may affect my forest practices application (FPA)?

    In some cases, the following may affect the approval of your application and the activities which you may conduct:

    • Unstable soils,
    • Threatened or endangered species,
    • Cultural, archaeological, or historic sites,
    • Special prescriptions for sensitive areas within a Watershed Analysis Unit
    • Water quality protection.

17. When do I need a Hydraulic Project Approval (HPA) in addition to my FPA?

    Whenever your FPA includes work within the ordinary high water mark of type 1, 2, and 3 waters, and those type 4 and 5 waters within 1/4 mile of type 1, 2, and 3 waters.

18. What happens if my land is in a DNR Watershed Analysis Unit?

    If your application is in an area that has had a completed Watershed Analysis, site specific requirements called "prescriptions" may apply.

19. What if I don’t agree with a decision made by DNR?

    Contact your DNR region office for information regarding appeal of disapproved applications, or conditions placed on an approved application.

20. When will my approved application expire?

    Two years from the approval date. (It may be renewed.)

21. What if I plan to convert forest land to a non-forestry use?

    You need to specify that the land will be converted to a non-forest use when you submit your forest practices application. A six-year moratorium restricting development will apply on applications on which no conversion is indicated. Contact your DNR region office and your local government planning department.

22. If there is a violation, who is responsible?

    The landowner is always responsible for operations on their property. An enforcement action may be directed to the landowner, timber owner and/or the operator.

23. Are there other regulations and requirements which apply to forestry operations?

    Yes. See the Resources section at the end of this book. Also refer to WAC 222-50 in the Forest Practices Rules.

24. Where can I get information and assistance?

    Your DNR region office staff is available to answer questions about filling out the forest practices application form or about the forest practices rules. Also, see the Resources section at the end of this book.

25. What are the pros and cons of adopting a forest practices ordinance now vs. waiting until the end of 2001?

    The advantages of waiting before adopting include: a) there may be more good models and experience from other communities that can help a local jurisdiction in developing its own ordinance, and b) the costs of administering the program can be delayed to a later point in time. I wouldn’t expect that there will be a lot amendments to the new forest practices legislation, since it went through the legislature with little opposition. However, some additional bugs could be worked out by 2001.

    The advantages of proceeding with an ordinance no include: a) local jurisdictions would have control over forest practice standards that apply to lands which will be converted to urban uses, and b) DNR technical assistance is only assured until January 1, 2002. In addition, note that a mandatory six year moratorium on development will apply to properties where forest practices are conducted on properties located in urban growth areas (UGAs) inconsistent with the new legislation, effective as on July 27, 1997. Local governments must develop a procedure for lifting moratoriums, and may want to establish some exemptions from moratoria. The legislation does not state that local governments can delay in carrying out this requirement. Because a moratorium could apply to certain properties immediately, local governments may experience immediate pressure for developing criteria to lift moratorium.

26. How will a small community be able to cover the costs of a forest practices program?

    A forest practices program, requiring technical expertise could be expensive to administer. To help with this concern, the legislation does allow local governments to set fees higher than the $500 default fee provided for in the legislation. Small communities may also want to consider a contract arrangement for technical review, rather than trying to maintain such expertise on staff. DNR technical assistance is available to local jurisdictions until January 1, 2002.

27. Could the city proceed with adopting procedures for applying and lifting a moratorium now and wait to complete the rest of the required ordinance?

    I am not aware of anything in the legislation which would prevent a local jurisdiction from preparing/adopting the moratorium-related provisions now, and the rest of the forest practices ordinance, later. It is possible the DNR may have a different interpretation, so I recommended contacting them. It may be better to do the whole ordinance as a package, if the criteria for lifting the moratorium are based on whether a community’s fores practice standards have been followed.