WAC 222-16-060   Lands with a likelihood of future conversion.  (1) Prior to identification of any forest lands as having a likelihood of future conversion to urban development within a ten-year period, the department shall consider all available information, including but not limited to:

     (a) Whether the land is assessed under the provisions of chapter 84.33 or 84.34 RCW;

     (b) Whether the land is excluded from any local improvement district;

     (c) Whether the classification of the land in the local comprehensive plan or the local zoning ordinance permits or encourages long-term timber production;

     (d) Whether the land lies outside the current or proposed boundary of a city or the urban growth boundary of a city or outside a water or sewer district;

     (e) Whether the land has received previous development permit approval;

     (f) The presence or absence of a written forest management plan for the land.

     Any identification must be consistent with any local or regional land use plans or ordinances.

     (2) A local governmental entity with jurisdiction or an affected Indian tribe may submit to the department a proposal for identification of forest lands that have the likelihood of future conversion to urban development within a ten-year period.

     (3) The department may develop a public participation process when identifying forest lands with a likelihood of future conversion to urban development within a ten-year period.

     (4) Forest lands that have been identified by the department prior to the effective date of this section as having a likelihood of future conversion to urban development within a ten-year period shall be reviewed under subsection (1) of this section to determine if the identification should be withdrawn or modified.

     (5) A landowner that submits an application or notification in an area that has been identified as having a likelihood of future conversion to urban development within a ten-year period may request the department to reconsider the identification of the affected parcel. The department shall remove the identification if the landowner complies with (a) of this subsection and at least one from (b) or (c) of this subsection:

     (a) The landowner submits a statement of intent not to convert to a use other than commercial timber operation for a period of ten years after completion of the forest practice. The statement shall be on a form prepared by the department and shall indicate the landowner is aware of the provisions of RCW 76.09.060 (3)(b); and

     (b) The land is enrolled under the provisions of chapter 84.28, 84.33, or 84.34 RCW; or

     (c) A written forest management plan for the land covering the next ten years has been reviewed and accepted by the department.



[Statutory Authority: RCW 76.09.040. 08-24-011, § 222-16-060, filed 11/21/08, effective 12/22/08. Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-16-060, filed 12/20/93, effective 1/1/94. Statutory Authority: RCW 76.09.040, 76.09.050 and 34.05.350. 91-23-052, § 222-16-060, filed 11/15/91, effective 12/16/91.]