Current through Register Vol. 24-06, March 15, 2024
Introduction. This rule explains the application
process used by an applicant who seeks to have land classified or reclassified
as timber land under
RCW
84.34.020(3).
(1)
Definitions. For purposes of
this rule, the following definitions apply:
(a)
"Stand of timber" means a
stand of trees that will yield log and/or fiber:
(i) Suitable in size and quality for the
production of lumber, plywood, pulp, or other forest products; and
(ii) Of sufficient value to cover at least
all the costs of harvest and transportation to available markets.
(b)
"Timber management
plan" means a plan prepared by a professional forester, or by another
person who has adequate knowledge of timber management practices, concerning
the use of the land to grow and harvest timber. This plan is described in
RCW
84.34.041 and includes the following
elements:
(i) A legal description of the
land;
(ii) A statement that the
timber land is held in contiguous ownership of at least five acres and is
primarily devoted to and used to grow and harvest timber;
(iii) A brief description of the timber on
the timber land or, if the timber has been recently harvested, the owner's plan
to restock the land with timber;
(iv) A statement about whether the timber
land is also used to graze livestock;
(v) A statement about whether the land has
been used in compliance with the restocking, forest management, fire
protection, insect and disease control, and forest debris provisions of
Title
76 RCW; and
(vi) If the land has been recently harvested
or supports a growth of brush and noncommercial type timber, a description of
the owner's plan to restock the timber land within three years.
(2)
Where to
submit. An application for classification or reclassification of land as
timber land under
RCW
84.34.020(3) is submitted to
the county legislative authority of the county in which the land is
located.
(3)
Granting
authority. The identity of the entity that will act as the granting
authority will be determined by the location of the land the applicant seeks to
classify or reclassify as timber land. The granting authority will be
determined as follows:
(a) If the parcel(s) of
land is located in an unincorporated area of county, the county legislative
authority is the granting authority.
(b) If the parcel(s) of land is located in an
incorporated area, a copy of the application for classification is forwarded to
the city legislative authority in which the land is located. Applications must
be acted upon by:
(i) A granting authority
composed of three members of the county legislative authority and three members
of the city legislative authority in a meeting where members may be physically
absent but participating through a telephonic connection; or
(ii) Separate affirmative acts by both the
county and city legislative authorities whereby each authority affirms the
entirety of the application without modification or each authority affirms the
application with identical modifications.
(4)
Application process.
(a)
Consider all relevant
evidence. The granting authority will act upon the application with due
regard to all relevant evidence.
(b)
Information that must accompany
application. An application for classification or reclassification of a
parcel(s) of land as timber land is made on forms provided by the department.
An application must include the following information and be accompanied by a
timber management plan as defined in subsection (2) of this rule:
(i) A legal description of or the parcel
number(s) of all land the applicant desires to be classified as timber
land;
(ii) The date or dates the
land was acquired;
(iii) A brief
description of the timber on the land or, if the timber has been harvested, the
owner's plan for restocking;
(iv)
If the timber or forest management plan for the land has existed for more than
one year, the application must indicate the nature and extent to which the plan
has been implemented or changed;
(v) Whether the land is used for
grazing;
(vi) Whether the land has
been subdivided or a plat has been filed with respect for the land;
(vii) Whether the land and the applicant have
complied with the restocking, forest management, fire protection, insect and
disease control, weed control, and forest debris provisions of
Title
76 RCW or applicable rules
under Title 76
RCW;
(viii) Whether the land is
subject to forest fire protection assessments under
RCW
76.04.610;
(ix) Whether the land is subject to a lease,
option, or other right that permits the land to be used for a purpose other
than growing and harvesting timber;
(x) A summary of the applicant's past
experience and activities in growing and harvesting timber;
(xi) A summary of the applicant's current and
continuing activities in growing and harvesting of timber; and
(xii) A statement that the applicant is aware
of the potential tax liability involved if the land ceases to be classified as
timber land.
(c)
Solitary factors that will result in automatic denial. An
application may be denied for any of the following reasons without regard to
any other factor:
(i) The land does not
contain a stand of timber as defined in subsection (1) of this rule, as well as
in chapter 76.09
RCW, and WAC
222-16-010. This reason alone is
not sufficient to deny the application if:
(A)
The land has been recently harvested or supports a growth of brush or
noncommercial type timber and the application includes a plan for restocking
within three years or a longer period necessitated because seed or seedlings
are unavailable; or
(B) Only
isolated areas within the land do not meet minimum standards due to rock
outcroppings, swamps, unproductive soil, or other natural conditions.
(ii) The applicant, with respect
to the land for which classification or reclassification is sought, has failed
to comply with a final administrative or judicial order regarding a violation
of the restocking, forest management, fire protection, insect and disease
control, weed control, and forest debris provisions of
Title
76 RCW or applicable rules
under Title 76
RCW.
(iii) The land abuts a body of
salt water and lies between the line of ordinary high tide and a line
paralleling the ordinary high tide line and two hundred feet horizontally
landward from the high tide line.
(5)
Public hearing required. An
application for classification of land as timber land will be approved or
denied after a public hearing on the application is held. A notice of this
hearing is to be announced once by publication in a newspaper of general
circulation in the region, city, or county at least ten days before the
hearing. The owner who submitted the application for classification or
reclassification is to be notified in writing of the date, time, and location
of the public hearing.
(6)
Timber management plan required. A timber management plan must be
filed with the county legislative authority either:
(a) When an application for classification is
submitted;
(b) When a sale or
transfer of timber land occurs and a notice of continuance is signed;
or
(c) Within sixty days of the
date an application for reclassification under
chapter
84.34 RCW or from
designated forest land under chapter 84.33 RCW is received. The application for
reclassification will be accepted, but may not be processed until the timber
management plan is received. If this plan is not received within sixty days of
the date the application for reclassification is received, the application will
be denied.
(d) If circumstances
require it, the assessor may allow an extension of time for submitting a timber
management plan when an application for classification or reclassification is
received. The applicant will be notified of this extension in writing. When the
assessor extends the filing deadline for a timber management plan, the granting
authority should delay processing the application until this plan is received.
If this plan is not received by the date set by the assessor, the application
for classification or reclassification will be automatically denied.
(e) If circumstances require it, the assessor
may allow an extension of time for submitting a timber management plan when a
notice of continuance is received. The applicant will be notified of this
extension in writing.
(7)
Approval or denial of
application. The granting authority will either approve or deny the
application for classification or reclassification within six months of the
date the completed application is received.
(a) The granting authority may approve the
application for classification or reclassification in whole or in part. If any
part of the application is denied, the applicant may withdraw the entire
application.
(b) In approving the
application in whole or in part, the granting authority may also require that
certain conditions be met. The granting authority may not require the granting
of easements for land classified as timber land.
(c) When an application for classification or
reclassification as timber land has been approved, the granting authority will
prepare an agreement. Refer to WAC
458-30-240 for a detailed
description of this agreement.
(d)
The granting or denial of an application for classification or reclassification
as timber land is a legislative determination and is reviewable only for
arbitrary and capricious actions. The applicant may appeal only to the superior
court of the county in which the land is located and the application was
made.
(e) No application may be
approved for classification or reclassification as timber land if a county has
merged its timber land classification and designated forest land program as
described in subsection (8) of this rule.
(8)Termination of timber land
classification.
(a) A county
legislative authority has the option to merge its timber land classification
with the designated forest land program, pursuant to
RCW
84.34.400. To merge the programs, the county
legislative authority must enact an ordinance that:
(i) Terminates the timber land
classification; and
(ii) Declares
that the land that had been classified as timber land is now designated as
forest land under chapter 84.33 RCW.
(b) Once the timber land classification is
terminated:
(i) Land that has been classified
as timber land within the county is now designated as forest land under chapter
84.33 RCW. The date the property was classified as timber land is considered to
be the date the property was designated as forest land. For example, if a
county enacts an ordinance on October 15, 2014, terminating its timber land
classification and declares that any timber land is now considered designated
forest land, then a parcel of timber land classified on January 1, 2006, would
be considered designated as forest land as of January 1, 2006;
(ii) Any agreement prepared by the granting
authority when land was approved as timber land is terminated and no longer in
effect; and
(iii) The county must
notify the department after taking action under this subsection. The department
will maintain a list on its agency internet web site of all counties that have
merged their timber land classification with their designated forest land
program.
Statutory Authority:
RCW
84.08.070,
84.34.141,
84.36.865,
84.52.0502. 09-19-010, §
458-30-232, filed 9/3/09, effective 10/4/09. Statutory Authority:
RCW
84.34.141,
84.34.020, and
84.34.030. 02-20-041, §
458-30-232, filed 9/24/02, effective 10/25/02. Statutory Authority: RCW
84.08.110,
84.08.070,
84.34.141 and
84.34.360. 95-21-002, §
458-30-232, filed 10/4/95, effective
11/4/95.