(1) If a landowner who did not
state an intent to convert his or her land to a nonforestry use
decides to convert his or her land to a nonforestry use within
six years of receiving an approved forest practices application
or notification under this chapter, the landowner must:
(a) Stop all forest practices activities on the parcels
subject to the proposed land use conversion to a nonforestry use;
(b) Contact the department of ecology and the applicable
county, city, town, or regional governmental entity to begin the
permitting process; and
(c) Notify the department and withdraw any applicable
applications or notifications or request a new application for
conversion.
(2) Upon being contacted by a landowner under this section,
the county, city, town, or regional governmental entity must:
(a) Notify the department and request from the department
the status of any applicable forest practices applications,
notifications, or final orders or decisions; and
(b) Complete the following activities:
(i) Require that the landowner be in full compliance with
chapter 43.21C RCW, if applicable;
(ii) Receive notification from the department that the
landowner has resolved any outstanding final orders or decisions
issued by the department; and
(iii) Make a determination 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 § 3.]