§ 8.2 - Significant State Regulatory Statutes and Agencies

• Jurisdiction: Washington

§8.2 SIGNIFICANT STATE REGULATORY STATUTES AND AGENCIES

In Washington, timber and timberland ownership and operation are very heavily regulated. A checklist of selected significant federal and state statutes pertaining to timber and timberlands is included in §8.9(3).

This section provides a brief introduction to significant state regulatory statutes pertaining to timber harvest, including the Forest Practices Act, the hydraulics project approval law, and the Shoreline Management Act. See 5 WASHINGTON REAL PROPERTY DESKBOOK Ch. 15 (Shoreline Management Act—Planning and Regulation) (Wash. St. Bar Assoc. forthcoming 2010); 6 WASHINGTON REAL PROPERTY DESKBOOK Ch. 14 (Forest Practices) (Wash. St. Bar Assoc. forthcoming 2010).

This section does not discuss federal statutes pertaining to timber harvest and wildlife protection, such as the Endangered Species Act of 1973, 16 U.S.C. §§ 1531-1544, the Bald and Golden Eagle Protection Act, 16 U.S.C. §668, and the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-711. For a detailed discussion of these statutes, see 7 WASHINGTON REAL PROPERTY DESKBOOK Ch. 19 (Endangered Species) (Wash. St. Bar Assoc. forthcoming 2010).

(1) Roles of key state agencies

The numerous state agencies with roles in regulating timber and timberlands include the following:

Washington Department of Natural Resource (DNR). DNR is Washington's principal public lands agency and administers several important regulatory programs affecting timberlands, manages state-owned timberlands, and provides technical assistance to other agencies and landowners regarding forestry matters. See Ch. 43.30 RCW.

Washington Department of Ecology (DOE) . DOE participates in administration of the Forest Practices Act, Shoreline Management Act, Smoke Management Program, and other environmental programs that impact timberlands. See Ch. 43.21A RCW.

Washington Department of Fish and Wildlife (WDFW). WDFW is responsible for fish, shellfish, and wildlife. See Ch. 43.300 RCW.

Washington Forest Practices Board (FPB). Established in 1974, the FPB adopts rules that set standards for forest practices such as timber harvests, precommercial thinning, road construction, and forest chemical applications. In addition, the FPB has developed a lengthy Forest Practices Board Manual as a technical supplement to the forest practices rules. DNR provides staff support to the FPB and implements and enforces the forest practices rules adopted by the FPB. The FPB was created pursuant to RCW 76.09.030.

After June 30, 2010 all forest practices appeals must be filed with the Pollution Control Hearings Board (PCHB). See RCW 43.21B.010 (creating PCHB). The Forest Practices Appeals Board was abolished pursuant to Laws of 2010, Ch. 210 (SHB 2935), which consolidated environmental and land use hearings boards.

Indian tribes. Indian tribes participate in the development and administration of forest practices rules and other state programs and policies under a Timber-Fish-Wildlife Agreement dated February 17, 1987. See also RCW 76.09.010(2)(f), (2)(i). Interested Indian tribes generally receive copies of forest practices applications and notifications, and may participate on interdisciplinary teams appointed by DNR to make recommendations with respect to forest practices applications. See WAC 222-16-010, -050(5)(k).

(2) Forest Practices Act

The Forest Practices Act (FPA), Chapter 76.09 RCW, regulates timber harvesting and other forest practices. The purpose of the FPA is to maintain a viable forest products industry while protecting "public resources" (water, fish, wildlife, and...