(1) The department of
natural resources shall have the responsibility for issuing and
regulating burning permits required by it relating to the
following activities for the protection of life or property
and/or for the public health, safety, and welfare:
(a) Abating a forest fire hazard;
(b) Prevention of a fire hazard;
(c) Instruction of public officials in methods of forest
firefighting;
(d) Any silvicultural operation to improve the forest lands
of the state; and
(e) Silvicultural burning used to improve or maintain fire
dependent ecosystems for rare plants or animals within state,
federal, and private natural area preserves, natural resource
conservation areas, parks, and other wildlife areas.
(2) The department of natural resources shall not retain
such authority, but it shall be the responsibility of the
appropriate fire protection agency for permitting and regulating
outdoor burning on lands where the department of natural
resources does not have fire protection responsibility.
(3) Permit fees shall be assessed for silvicultural burning
under the jurisdiction of the department of natural resources and
collected by the department of natural resources as provided for
in this section. All fees shall be deposited in the air
pollution control account, created in RCW 70.94.015. The
legislature shall appropriate to the department of natural
resources funds from the air pollution control account to enforce
and administer the program under this section and RCW 70.94.6536,
70.94.6538, and 70.94.6540. Fees shall be set by rule by the
department of natural resources at the level necessary to cover
the costs of the program after receiving recommendations on such
fees from the public.
[2010 1st sp.s. c 7 § 128; 2009 c 118 § 501; 1991 c 199 § 404; 1971 ex.s. c 232 § 2. Formerly RCW 70.94.660.]
NOTES:
Effective date -- 2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Purpose -- 2009 c 118: See note following RCW 70.94.6511.
Finding -- 1991 c 199: See note following RCW 70.94.011.
Burning permits, issuance, air pollution a factor: RCW 76.04.205.
Disposal of forest debris: RCW 76.04.650.