WAC 222-21-050   Payment of compensation.  (1) The compensation offered to the small forest landowner will be 50% of the fair market value of the qualifying timber established under the process described in WAC 222-21-045, plus the compliance and reimbursement costs, subject to the following exceptions:

     (a) If the high impact regulatory threshold is exceeded for an area covered by an approved forest practices application, then the compensation offered will be increased to 100% for the value of the qualifying timber where the high impact regulatory threshold is exceeded. Use the following calculation:

Where:

Vq = value of qualifying timber;

Vh = value of harvested timber;

t = high impact of regulatory threshold (19.1% for Western Washington, 12.2% for Eastern Washington);

TV = total value of all timber covered under FPA = Vq + Vh; and

HIO - high impact override = (Vq/TV) - t;

See Section 17 of board manual for example.


     (b) All compensation is subject to available funding.

     (2) If funding is not available, the small forest landowner office will maintain a priority list for compensation. Priority will be based on (a) date of receipt of forest practices application and (b) date of receipt of completed harvest status questionnaire.

     (3) Reimbursement costs for easement layout are subject to the work being acceptable to the department. The small forest landowner office shall determine how the reimbursement costs will be calculated. The small forest landowner office will send the small forest landowner a notice of compensation decision within 60 days of completion of the timber cruise.

     (4) Compensation for a forestry riparian easement associated with an approved forest practices application will not be paid until:

     (a) The department has documented completion of harvest;

     (b) The department has verified that there has been compliance with the rules requiring leave trees in the easement area;

     (c) Any dispute over the amount of compensation or eligibility or other matter involving the forestry riparian easement has been resolved; and

     (d) The forestry riparian easement has been executed and delivered to the department.

     (5) Compensation for a forestry riparian easement for which an approved forest practices application for timber harvest cannot be obtained because of restrictions under these rules adopted under RCW 76.09.055 or 76.09.370 will not be paid until:

     (a) The department has verified that there has been compliance with the rules requiring leave trees in the easement area; and

     (b) Any dispute over the amount of compensation or eligibility or other matter involving the forestry riparian easement has been resolved; and

     (c) The forestry riparian easement has been executed and delivered to the department.



[Statutory Authority: RCW 76.09.040. 08-24-011, § 222-21-050, filed 11/21/08, effective 12/22/08. Statutory Authority: RCW 76.09.040, 76.09.370, chapters 76.13 and 34.05 RCW. 03-06-039, § 222-21-050, filed 2/26/03, effective 3/29/03. Statutory Authority: RCW 76.09.040, chapters 76.13, 34.05 RCW. 02-05-084, § 222-21-050, 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, § 222-21-050, filed 5/30/01, effective 7/1/01.]