WAC 222-23-020
Submitting and processing of applications
for the rivers and habitat open space program. (1) Rivers and
habitat open space application. An owner or owners of
qualifying lands may apply to the department to place the
qualifying CMZ lands or qualifying critical habitat lands
within the program. The department will accept or reject the
program application based on eligibility for an easement
acquisition. The application for the program shall be in
writing on a form provided by the department. The application
shall contain information the department determines is
necessary to assess whether the land qualifies for the
program, as well as the following information (see board
manual section 18 for details):
(a) A description of the methods the landowner used to
propose that the land meets the eligibility for easement
acquisition criteria;
(b) A statement indicating the landowner's desire to
place the land covered by the application within the program
and whether the landowner wishes to grant a conservation
easement to the state on both land and trees or in trees only;
(c) Whether the landowner wishes to receive the statutory
compensation for the conveyance or wishes to donate the
qualifying lands;
(d) Whether the landowner is aware of the presence of any
hazardous substances on the lands;
(e) A statement affirming that the person or persons
submitting the application stating they are the landowner and
believes that the information contained in the application and
its supporting materials is true and complete.
(2) Review and processing of application. The
application process will follow the program funding cycle
process described in board manual section 18. After the
department receives a complete and accurate application for
the program, the department will make a preliminary
determination whether the application is eligible for the
easement acquisition. This determination is subject to the
department's complete review, and subsequent confirmation of
all information required for the program and identification of
qualifying lands. After the preliminary determination of
eligibility, the following shall occur:
(a) The landowner, in cooperation with the department,
shall delineate on the ground the boundary line of the
qualifying lands as indicated in the application;
(b) The department shall verify the appropriateness of
the delineation of qualifying lands using the procedure
outlined in board manual section 18, make a final
determination whether there are any unacceptable liabilities
on the lands proposed for inclusion in the program, and
communicate the foregoing to the landowner.
(c) The department will rate, rank, and fund, as
described in WAC 222-23-025(1), the eligible applications for
each category of qualifying CMZ lands or critical habitat
lands and for each funding cycle using a standardized scoring
system.
(d) The department will prepare a combined preliminary
project priority list, after evaluation and scoring of all
applications.
(e) The department will submit the preliminary project
priority list to the state legislature for budget
consideration.
(f) The department will notify the applicant in writing
of the funding decision for their application, subject to
available funding from the legislature.
(g) For those applications determined to be funded, and
if the department determines there are no unacceptable
liabilities on the lands, the department shall follow the
guidelines in WAC 222-23-030(2) and the landowner shall
enhance the boundary (as verified) using boundary marking
methods specified by the department.
(h) For those applications determined to be eligible but
not funded, the application will be returned to the applicant.
At any time thereafter, the applicant may resubmit the
application with or without revision. This resubmitted
application will be placed on the next available funding cycle
and will be reprioritized under the process described in (c)
through (g) of this subsection.
(i) For those applications determined to be ineligible
for reasons other than funding, the department must notify the
landowner of the reason(s) and the application will be
rejected.
(j) Once the landowner completes the boundary enhancement
required in (g) of this subsection, the department shall:
(i) Perform a traverse of the boundary of the qualifying
lands;
(ii) Conduct and finalize a cruise of the timber on the
qualifying lands;
(iii) Determine the statutory compensation to be paid to
the landowner;
(iv) Prepare conveyance documents consistent with this
chapter; and
(v) Prepare any other documents necessary for closing and
recording the conveyance, including without limitation a real
estate excise tax affidavit.
(3) Timber cruise. For the purpose of determining the
compensation, a timber cruise will be conducted by the
department using a cruiser acceptable to the department and
the landowner, using a cruise methodology determined by the
department and sampling intensity acceptable to both parties. The department will provide the cruise data to the landowner. Within thirty days thereafter, the landowner shall advise the
department whether the cruise results are acceptable. The
landowner or the department may, at their option, perform a
check cruise.
(4) Compensation for conveyances. RCW 76.09.040(3)
specifies the compensation the department shall pay for the
conveyance of a conservation easement under this chapter,
unless the landowner chooses to donate the conservation
easement. The department will calculate compensation based on
stumpage and land use value tables described in (a) and (b) of
this subsection. The tables applied will be those in effect
as of the date the complete timber cruise is received by the
department for new or resubmitted applications.
(a) For conveyances of a conservation easement in which
the landowner conveys an interest in the trees only, the
compensation shall only include the timber value component, as
determined by the cruise volume multiplied by the appropriate
stumpage value for timber of the same species shown on the
appropriate table used for timber harvest excise tax purposes
under RCW 84.33.091.
(b) For conveyances of a conservation easement in which
the landowner conveys interests in both land and trees, the
compensation shall include the timber value component plus
such portion of the land value component as determined just
and equitable by the department. The timber value component
will be as set forth in (a) of this subsection. The land
value component must be the acreage of qualifying lands to be
conveyed, multiplied by the average per acre value. The
department shall determine the averages based on the land
value tables established by RCW 84.33.140 and revised annually
by the department of revenue with separate values for western
and eastern Washington.
(5) Qualifying lands. The lands proposed in an
application must include qualifying CMZ lands or qualifying
critical habitat lands that are eligible for easement
acquisition as follows:
(a) Qualifying lands are lands that, once a complete
application is received, are identified in records of the
applicable county assessor as being assessed and taxed either
under chapter 84.33 RCW as designated forest land or under
chapter 84.34 RCW as current use classification timber land or
open space.
(b) Qualifying lands are lands owned by an individual,
partnership, corporation or other nongovernmental entity.
(c) Lands do not qualify for the program where the
department has determined that:
(i) The lack of access to the land is likely to
materially impair the department's ability to administer the
program with respect to the land;
(ii) The land is subject to unacceptable liabilities.
See WAC 222-23-010 (2)(c).
[Statutory Authority: RCW 76.09.040. 11-12-009, §
222-23-020, filed 5/20/11, effective 6/20/11; 05-12-119, §
222-23-020, filed 5/31/05, effective 7/1/05. Statutory
Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050,[76.09.]370
, 76.13.120(9). 01-12-042, § 222-23-020, filed
5/30/01, effective 7/1/01.]