If a county, city,
town, or regional governmental entity receives a notice of
conversion to nonforestry use by the department under RCW 76.09.060, then the county, city, town, or regional governmental
entity must deny all applications for permits or approvals,
including building permits and subdivision approvals, relating to
nonforestry uses of the land that is the subject of the
notification. The prohibition created by this section must be
enforced by the county, city, town, or regional governmental
entity:
(1) For a period of six years from the approval date of the
applicable forest practices application or notification or the
date that the department was made aware of the harvest
activities; or
(2) Until the following activities are completed for the
land that is the subject of the notice of conversion to a
nonforestry use:
(a) Full compliance with chapter 43.21C RCW, if applicable;
(b) The department has notified the county, city, town, or
regional governmental entity that the landowner has resolved any
outstanding final orders or decisions issued by the department;
and
(c) A determination is made by the county, city, town, or
regional governmental entity as to whether or not the condition
of the land in question is in full compliance with local
ordinances and regulations. If full compliance is not found, a
mitigation plan to address violations of local ordinances or
regulations must be required for the parcel in question by the
county, city, town, or regional governmental entity. Required
mitigation plans must be prepared by the landowner and approved
by the county, city, town, or regional governmental entity. Once
approved, the mitigation plan must be implemented by the
landowner. Mitigation measures that may be required include, but
are not limited to, revegetation requirements to plant and
maintain trees of sufficient maturity and appropriate species
composition to restore critical area and buffer function or to be
in compliance with applicable local government regulations.
[2007 c 106 § 2.]