Local Government Responsibilities and Compliance Dates

• Jurisdictions fully planning under the Growth Management Act (GMA) with more than 25 Class IV forest practices applications filed with the Department of Natural Resources (DNR) between January 1, 2003 and December 31, 2005 must adopt and enforce forest practices between regulations on or before December 31, 2008 that cover:

• all forest practices (Class I, II, III, and IV)  within urban growth areas (UGAs) unless a parcel of property is equal to or greater than 20 acres and the property owner signs a statement that the property will not be converted from commercial timber use for at least 10 more years. The statement must also include either a forest management plan acceptable to the DNR, or documentation that the property is enrolled as forest land of long term commercial significance under Chapter 84.33 RCW
• all Class IV forest practices outside UGAs involving timber harvest or road construction on lands platted January 1, 1960, lands that have or are being converted to another use, or lands not being reforested due to the likelihood of future conversion to urban development.

• Cities and counties that have adopted ordinances or regulations regarding forest practices prior to July 22, 2007 are not required to readopt their ordinances to satisfy the requirements of RCW 76.09.240.
• Other jurisdictions fully planning under the GMA that had 25 or fewer forest practices applications filed between January 1, 2003 and December 31, 2005 may also adopt and enforce new regulations as above, while partially-planning jurisdictions (those subject to only a portion of GMA requirements such as protection of critical areas and conservation of natural resource lands) may only adopt and enforce new regulations for Class IV forest practices involving either timber harvest or road construction as provided in RCW 76.09.240.
• Before jurisdictions may adopt these new regulations, they must first be in compliance with all "update" requirements of RCW 36.70A.130, including critical areas ordinance (CAO) updates with best available science (RCW 36.70A.172) as well as the buildable lands requirements under RCW 36.70A.215 (if they apply.) They must notify both DNR and the Department of Ecology (DOE) 60-days prior to adoption, and provide written notice to those agencies and the Department of Revenue of the effective date of adopted regulations.
• Regulations must require appropriate approvals prior to every phase of forest land conversion, including land clearing and grading and procedures for the administration and collection of permit and recording fees.
• Regulations for the above jurisdictions must include a provision for a verification to accompany every permit issued for forest land that the land is not and has not been subject to a notice of conversion to a non-forestry use for six years prior to the permit application.
• If a landowner begins conversion activities without an approved forest practices application or without stating in the forest practices application that the land will be converted, the DNR will must issue a notice of conversion to the DOE and the local government where the property is located. The local government must then deny a building or subdivision permit application on the subject property for a period of six years after receiving a DNR notice of conversion, unless the requirements of RCW 76.09.460 are met.
• Jurisdictions must report permit information to the Department of Revenue within 60-days of permit issuance.
• DNR is required to provide technical assistance to all jurisdictions requesting it.

Related MRSC Resources
MRSC Index – Forest, forest preservation, RCW 70.90, forest practices, conversions