WAC 222-21-020   Criteria for accepting riparian easement.  (1) All of the following criteria must be met before the small forest landowner office may acquire a forestry riparian easement:

     (a) The easements must include qualifying timber within riparian areas and may include other qualifying timber;

     (b) The small forest landowner must be willing to sell or donate such easements to the state;

     (c) The small forest landowner has a final forest practices application including qualifying timber on the easement premises that has been approved or has been disapproved because of restrictions under the forest practices rules adopted under RCW 76.09.055 or 76.09.370;

     (d) The small forest landowner has provided a litigation guarantee or similar report from a title company for the property;

     (e) Acceptable documents necessary for creation of the easement have been prepared; and

     (f) The easement is not subject to unacceptable liabilities in subsection (3) of this section.

     (2) Where more than one person has an interest in property to be covered by a forestry riparian easement, all persons holding rights to control or affect the easement premises, qualifying timber, and the riparian functions provided by the qualifying timber during the term of the easement must execute the easement documents or otherwise subordinate their interest to the easement interest being acquired by the state. This includes tenants in common, joint tenants, holder of reversionary interests, lien holders, and mortgages.

     (3) Unacceptable liabilities for the state include, but are not limited to, the following:

     (a) Potential liability exposure due to the presence of hazardous substances;

     (b) Existing uses of the property that may jeopardize the protection of the easement premises, qualifying timber, and riparian functions;

     (c) Any other liability where the liability may jeopardize the protection of the easement premises, qualifying timber, and its riparian functions.



[Statutory Authority: RCW 76.09.040, chapters 76.13, 34.05 RCW. 02-05-084, § 222-21-020, filed 2/20/02, effective 3/23/02. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040,[76.09.]050 , [76.09.]370, 76.13.120(9). 01-12-042, § 222-21-020, filed 5/30/01, effective 7/1/01.]