PROPOSED RULES
Original Notice.
Title of Rule: Amendments to forest practices rules, Title 222 WAC.
Purpose: Current forest practices rules are not providing adequate protection for salmon and other public resources. The Forest Practices Board and the Department of Natural Resources face many new resource protection challenges, the most significant of which are the current and [proposed] listings of salmonids under the federal Endangered Species Act (ESA) and water quality-limited waters under the federal Clean Water Act (CWA).
The Forest Practices Board initiated permanent rule making in October 1998 (WSR 98-21-015) and has adopted emergency rules for water typing and salmonids. The legislature has declared an emergency (RCW 76.09.055) and has authorized the board to adopt emergency rules consistent with the forests and fish report. These rules will remain in effect until permanent rules are adopted or until June 30, 2001, whichever is sooner.
Statutory Authority for Adoption: Chapter 34.05 RCW, RCW 34.05.090, 76.09.040, [76.09.]050, [76.09.]055.
Statute Being Implemented: Chapter 76.09 RCW.
Summary: The legislature has authorized the board to adopt emergency rules amending the forest practices rules with respect to protection of aquatic resources. RCW 76.09.055(2). The rules below include water typing, riparian protection, forest roads and wetlands, SEPA guidance, Class IV-Special, slope stability, forest chemicals, enforcement, adaptive management and watershed analysis.
Citation of Existing Rules Amended by this Order: WAC 222-08-035 Continuing review of forest practices rules, 222-10-010 Policies and authorities, 222-12-010 Authorities, 222-12-045 Adaptive management, 222-12-090 Forest practices board manual, 222-16-010 General definitions, 222-16-030 Water typing system, 222-16-035 Wetland typing system, 222-16-050 Classes of forest practices, 222-16-080 Critical wildlife habitats (state) and critical habitat (federal) of threatened and endangered species, 222-20-010 Applications and notifications--Policy, 222-20-020 Application time limits, 222-20-080 Application and notification expiration, 222-22-070 Prescription recommendation, 222-22-090 Use and review of watershed analysis, 222-24-010 Policy, 222-24-020 Road location and design, 222-24-030 Road construction, 222-24-035 Landing location and construction, 222-24-040 Water crossing structures, 222-24-050 Road maintenance, 222-24-060 Rock quarries, gravel pits, borrow pits, and spoil dispersal areas, 222-30-010 Policy-timber harvesting, 222-30-020 Harvest planning and design, 222-30-040 Shade requirements to maintain water temperature, 222-30-060 Cable yarding, 222-38-010 Policy-forest chemicals, 222-38-020 Handling, storage, and application of pesticides, 222-38-030 Handling, storage, and application of fertilizers, 222-38-040 Handling, storage, and application of other forest chemicals, 222-46-060 Civil penalties, and 222-46-070 Injunctions, civil suits, disapprovals.
New sections added: WAC 222-10-030 SEPA policies for potentially unstable slopes and landforms, 222-10-035 Watershed analysis SEPA policies, 222-12-041 Use of approved state and federal conservation agreements, 222-12-044 Cooperative opportunities, 222-16-036 Wetland delineation, 222-20-015 Multi-year permits, 222-20-055 Continuing forest land obligations, 222-22-075 Monitoring, 222-22-076 Restoration, 222-24-015 Construction in wetlands, 222-24-026 Temporary roads, 222-24-051 Road maintenance schedule, 222-24-052 Maintenance for specific roads and structures, 222-30-021 Western Washington riparian management zones, 222-30-022 Eastern Washington riparian management zones, 222-30-023 Riparian management zones for exempt twenty-acre parcels, 220-30-045 Salvage logging within riparian management zones, and 222-46-012 Representatives on inspections.
Section Deleted: WAC 222-24-025 Road design.
Reasons Supporting Proposal: The legislature has found that declines of fish stocks throughout much of the state require immediate action to be taken to help restore these fish runs where possible. An immediate adoption of emergency rules is appropriate in this particular instance. RCW 76.09.055(1).
Name of Agency Personnel Responsible for Drafting: Judith Holter, 1111 Washington Street S.E., Olympia, WA 98504-7012, (360) 902-1412; Implementation and Enforcement: Catherine Elliott, 1111 Washington Street S.E., Olympia, WA 98504-7012, (360) 902-1041.
Name of Proponent: Forest Practices Board, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule:
| • | Revises the water typing rules used to identify streams that are or are not used by fish so that more adequate protection is provided or fish habitat along those streams. |
| • | Provides a multi-year forest practices permit for landowners who have completed watershed analysis or who have submitted an application for a road maintenance and abandonment plan. |
| • | Expands the Class IV-Special SEPA trigger for unstable slopes, gives SEPA guidance, and adds definitions related to unstable slopes. |
| • | Requires that all watershed analyses being reviewed under SEPA. |
| • | Revises riparian management zone requirements for eastern and western Washington; identifies and delineates RMZ core, inner and outer zones or each side of the state; continues the January 1999 riparian requirements for exempt twenty-acre parcels of landowner who own less than eighty acres of forest land. |
| • | Presents options for variable buffer widths for aerial application of pesticides and adds best management practices to the Forest Practices Board (FPB) manual. |
| • | Adds best management practices related to roads to the FPB manual; revises requirements for road location and design, relief drainage structures, water crossing structures, and road maintenance and abandonment; separates wetland delineation rules into a new section. |
| • | Expands adaptive management requirements by formally establishing the Cooperative Monitoring, Evaluation, and Research (CMER) Committee and charging them with implementing adaptive management based on scientific findings; encourages cooperative opportunities for working with the board. |
Proposal Changes the Following Existing Rules:
| Rule Category | WAC 222 | Current Rules | New Emergency Rule - Summary of Additions and Revisions |
| Adaptive Management | 08-035 12-044 12-045 |
Expands adaptive management by spelling out CMER's reporting responsibilities and its relationship to the board. Adds a new section on cooperative opportunities. | |
| FPB Manual | 12-090 | Adds guidelines for: Water typing, roads and road plans; aerial applications of pesticides; bankfull width and channel migration zones; RMZ calculations; unstable slopes. | |
| Definitions | 16-010 | Adds several new definitions for each topic: Unstable slopes, roads, RMZs, pesticides, water typing, multi-year permits. | |
| Water Typing | 16-030 16-035 |
Water typing system is still based on fish use and implements guidelines for determining fish use; includes revised criteria for identifying seasonal, perennial streams; amends wetlands rules. | |
| SEPA Guidance Class IV-Special |
10-030 10-035 16-050 |
New SEPA guidance sections written for watershed analysis, unstable slopes. Revises SEPA trigger for unstable slopes. | |
| Applications: Multi-year permits | 20-010 20-015 20-020 20-055 |
Permits are valid for two years only. | Multi-year permit option for landowners within a completed watershed analysis or an approved road maintenance and abandonment plans; name of operator and notice to the department required to begin forest practices operations. Certain forestry obligations continue with the land when it changes owners. |
| Watershed Analysis | 22-035 to 22-090 |
Process and requirements for watershed analysis are prescribed. | Adds a cross reference to multi-year permits; new sections added for SEPA guidance monitoring, and restoration. |
| Roads | 24-010 to 24-060 |
Road plans required only upon DNR request | The goal is to protect water quality and aquatic habitat by minimizing/eliminating delivery of sediment; adds mandatory road maintenance and abandonment plan requirements; establishes a schedule for road maintenance; revises road design and water crossing; no net loss of wetland functions and mitigation sequence is given; BMPs to be written for FPB Manual. |
| Riparian Management Zones | 30-010 30-020 30-070 |
W. Wash: 25' to 100' E. Wash: 30'-300' + leave tree requirements |
Revises riparian management zone requirements (RMZs); RMZs are made up of core, inner and outer zones; management options vary by zone. 30' equipment limitation zone everywhere else, including seasonal streams. 20-acre parcels follow January 1999 rules if landowner owns less than 80 acres statewide. |
| Pesticides | 38-020 38-030 38-040 |
50' buffers | Rules implement BMPs to eliminate direct entry of pesticides to water. Protective buffers required during aerial application of pesticides vary by water type and RMZ core, inner and outer zones, and wind conditions. |
| Enforcement | 46-012 46-060 46-065 |
The department may invite representatives needed to provide specific expertise to accompany DNR when reviewing an application. Persons incurring civil penalties are also responsible for attorneys costs and fees. |
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required per RCW 76.09.055(2).
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not required per RCW 76.09.055(2).
Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on November 9, 1999, at 4 p.m.
Assistance for Persons with Disabilities: Contact Forest Practices Board Secretary, (360) 902-1413, by November 1, 1999, TTY (360) 902-1125.
Submit Written Comments to: Judith Holter, Department of Natural Resources, Forest Practices Division, fax (360) 902-1789, by November 10, 1999.
Date of Intended Adoption: November 16, 1999.
October 5, 1999
Amy F. Bell
Chair
OTS-3467.2
AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97,
effective 1/3/98)
WAC 222-08-035
Continuing review of forest practices
((regulations)) rules.
*(1) Annual evaluations. The
department, after consulting with affected state agencies, Indian
tribes, forest landowners, fish and wildlife, natural resources,
and environmental interest groups, shall beginning July 1, 1988,
report annually to the forest practices board an assessment of
how ((regulations)) the rules and voluntary processes are
working.
*(2) Adaptive management. The cooperative monitoring,
evaluation and research committee (CMER) will provide results of
research and monitoring projects for covered resources (see WAC 222-16-010) to the TFW policy group or similar collaborative
forum in the form of technical recommendations. In the event
that CMER cannot agree on a recommendation within six months of
submittal of a scientific report, the report will be forwarded to
the TFW policy group for review and recommendation to the forest
practices board. In the event that the TFW policy group cannot
agree on a recommendation to the forest practices board within
six months, mediation or arbitration may be used to reach
agreement. The decision by the TFW policy group to use either
arbitration or mediation must be made within one month and the
results must be completed within three months, including the one
month used to decide on either arbitration or mediation. When
the forest practices board receives results of mediation or
arbitration, all information generated should be forwarded to the
forest practices board. In addition, the department is directed
to report to the board on opportunities to modify these
((regulations)) rules when baseline data, monitoring, evaluation
or the use of interdisciplinary teams show that such adaptive
management will better meet the purposes and policies of the
Forest Practices Act.
(3) Resource management plans. The department is directed to develop a method for cooperative voluntary resource management planning among forest landowners, governmental agencies, affected Indian tribes, and environmental groups which would result in the development of plans which might be used as an alternative to the forest practice regulations in achieving the purposes and policies set forth in the act. This should be done through pilot projects, at least one of which should be located on the east side of the Cascade summit and one on the west side of the Cascade summit.
[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-08-035, filed 12/3/97, effective 1/3/98. Statutory Authority: RCW 76.09.040. 87-23-036 (Order 535), § 222-08-035, filed 11/16/87, effective 1/1/88.]
OTS-3454.2
AMENDATORY SECTION(Amending Order 429, Resolution No. 8-8-84,
filed 8/29/84, effective 10/1/84)
WAC 222-10-010
Policies and authorities.
(1) This chapteris promulgated pursuant to the authority granted in RCW 76.09.010, 43.21C.120 and chapter 197-11 WAC.
(2) The forest practices board, according to RCW 76.09.040, possesses the authority to promulgate forest practices regulations establishing minimum standards for forest practices and setting forth necessary administrative provisions.
(3) The forest practices board adopts by reference the policies of SEPA as set forth in RCW 43.21C.020.
(4) A Class IV-Special forest practice approval will be conditioned when necessary to mitigate specific adverse impacts which are identified in the environmental documents prepared under SEPA. An application for a Class IV-Special forest practice will be denied when the proposal would result in significant adverse impacts identified in a final or supplemental environmental impact statement prepared under SEPA, and reasonable mitigation measures are insufficient to mitigate the identified impacts and denial is consistent with all provisions of the acts cited in subsection (1) of this section.
(5) SEPA policies and procedures required for administration of Class IV-Special forest practices or any other forest practices applications or notifications subject to SEPA shall be implemented by the department of natural resources.
[Statutory Authority: RCW 43.21C.120, 76.09.040 and 42.30.075. 84-18-021 (Order 429, Resolution No. 8-8-84), § 222-10-010, filed 8/29/84, effective 10/1/84; Order 258, § 222-10-010, filed 5/21/76.]
In addition to SEPA policies established elsewhere in this chapter, the following policies apply to forest practices subject to SEPA where the forest practices would occur on potentially unstable slopes or landforms.
(1) In order to determine whether such forest practices are likely to have a probable significant adverse impact, and therefore require an environmental impact statement, the applicant must submit the following additional information, prepared by a qualified expert. The expert must describe the potentially unstable landforms in and around the application site, and analyze:
(a) The likelihood that the proposed forest practices will cause movement on the potentially unstable slopes or landforms, or contribute to further movement of a potentially unstable slope or landform;
(b) The likelihood of delivery of sediment or debris to any public resources, or in a manner that would threaten public safety; and
(c) Any possible mitigation for the identified hazards and risks.
(2) The department's threshold determination will include an evaluation of whether the proposed forest practices:
(a) Are likely to increase the probability of a mass movement on or near the site;
(b) Would deliver sediment or debris to a public resource or would deliver sediment or debris in a manner that would threaten public safety; and
(c) Such movement and delivery are likely to cause significant adverse impacts.
If the department determines that (a), (b) and (c) of this subsection are likely to occur, then the forest practice is likely to have a probable significant adverse impact.
(3) The department will evaluate the proposal, using appropriate expertise and in consultation with other affected agencies and Indian tribes.
(4) Specific mitigation measures or conditions must be designed to avoid accelerating rates and magnitudes of mass wasting that could deliver sediment or debris to a public resource or could deliver sediment or debris in a manner that would threaten public safety.
(5) Qualified expert for the purposes of this section means a person with a master's degree in geology or geomorphology or a related field, or a significant amount of postgraduate course or thesis work or other training in geomorphology or mass movement, and an additional 5 years of field experience in the evaluation of relevant problems in forested lands.
[]
When the department considers a watershed analysis for approval as in WAC 222-22-080, the department will perform a review under SEPA as a nonproject proposal. When making the threshold determination for a watershed analysis, the department shall only make a determination of significance if, when compared to rules or prescriptions in place at the time of the analysis or the 5-year review, the prescriptions will cause a probable significant adverse impact on elements of the environment other than those addressed in the watershed analysis process.
[]
OTS-3481.1
AMENDATORY SECTION(Amending Order 263, filed 6/16/76)
WAC 222-12-010
Authority.
These forest practices regulations are adopted pursuant to chapter 76.09 RCW. Where necessary to accomplish the purposes and policies stated in the act, the board is authorized to promulgate forest practices regulations establishing minimum standards for forest practices and setting forth necessary administrative provisions, pursuant to chapter 34.04 RCW and in accordance with the procedures enumerated in the act.
Promulgation of all forest practices regulations shall be accomplished so that compliance with such forest practices regulations will achieve compliance with the water quality laws.
Those regulations marked with an asterisk (*) pertain to
water quality protection; pursuant to RCW 76.09.040 ((they will
also be adopted by the department of ecology)) and can be amended
only by agreement between the board and the department of
ecology.
Forest practices regulations shall be administered and enforced by the department except as otherwise provided in the act. Such regulations shall be administered so as to give consideration to all purposes and policies set forth in RCW 76.09.010.
[Order 263, § 222-12-010, filed 6/16/76.]
OTS-3463.2
NEW SECTION
WAC 222-12-041
Use of approved state and federal
conservation agreements.
If a landowner submits a forest practice application or notification for an activity or resource that is covered by one of the following agreements, the standard for the activity or resource in the agreement replaces the applicable rules (chapters 222-22 through 222-38 WAC) upon approval of the application or notification. The specific rules replaced will be identified by the department at the time of approval. The agreements are:
(1) A habitat conservation plan and incidental take permit or an incidental take statement covering such species approved by the Secretary of the Interior or Commerce pursuant to 16 U.S.C. section 1536(b) or 1539(a) and reviewed under the National Environmental Policy Act, 42 U.S.C. section 4321 et seq.;
(2) An "unlisted species agreement" covering such species approved by the U.S. Fish and Wildlife Service or National Marine Fisheries Service which has been reviewed under the National Environmental Policy Act, 42 U.S.C. section 4321 et seq.; or
(3) Another cooperative or conservation agreement entered into with a state resource agency pursuant to its statutory authority for fish and wildlife protection, such as a landowner option plan, cooperative habitat enhancement agreement or a landscape management plan that addresses the needs of the covered resources and that is subject to review under the State Environmental Policy Act, chapter 43.21C RCW.
[]
The forest practices board recognizes and encourages collaborative efforts to build solutions to pressing forest practices issues. The forest practices board may at any time use this method to assist in assessing and recommending solutions to issues. The benefits of this method lie in the ability of disparate groups to use consensus processes to bring recommendations to the forest practices board. The board will continue to utilize collaborative efforts, such as the Timber, Fish, and Wildlife (TFW) forum. Participants would ideally consist of representation by timber interests, environmental interests, state agencies, local government, federal agencies, tribal governments and other interested parties so long as the collaborative effort utilizes a consensus approach to resolving or addressing issues.
[]
In order to further
the purposes of chapter 76.09 RCW the board has adopted a policy
of adaptive management designed to modify these ((regulations))
rules and their application based on cooperative research,
monitoring, and evaluation. Such adaptive management shall
include the measures set out in WAC 222-08-035. The forest
practices board, in consultation with Timber, Fish, and Wildlife
or a similar collaborative forum, will establish resource
objectives for "covered resources." (See definition in WAC 222-16-010.) The forest practices board will establish the
cooperative monitoring, evaluation, and research (CMER)
committee, and will, in consultation with TFW or a similar
collaborative forum, designate a scientific review committee.
(1) CMER. The CMER committee will conduct validation and effectiveness monitoring and research to facilitate achieving the resource objectives. Each funded project will have an independent scientific peer review performed or facilitated by the scientific review committee.
(a) Membership. The CMER committee will be made up of members representing timber interests, environmental interests, state agencies, local government, federal agencies and tribal governments who have expertise in the interaction of forest practices with public resources. CMER members will serve voluntarily without compensation or per diem.
(b) Administration. If funding is available, the department will employ an administrator to oversee the adaptive management program. The adaptive management program administrator will be selected in consultation with TFW or similar collaborative forum. The administrator will be responsible for managing the research and monitoring projects, including budget preparation and work plans, set time frames for products, and resolve disputes within the committee. In addition, the administrator will select peer reviewers in consultation with the scientific review committee.
(c) Reports to the board. The administrator will report to the forest practices board at a minimum annually, on the membership of the CMER committee and on progress of funded projects. Each biennium, the administrator will submit the following for forest practices board approval: A budget proposal and a projects list that includes time frames for accomplishing the work. Both the budget and the projects list will have been developed in consultation with TFW or similar collaborative forum. This will be the basis for the department's biennial CMER budget request to the legislature. The department will conduct a performance audit of the expenditure of legislatively appropriated funds for CMER projects.
(2) Scientific review committee. A scientific review committee, chosen in consultation with TFW or similar collaborative forum, will be designated by the forest practices board to provide peer review of CMER's work. Together, the CMER and the scientific review committees will establish protocols and standards governing adaptive management. The SRC will review or facilitate review of all studies, including design, methodology, data and results, presented to CMER in support of requests for changes to existing rules or suggestions for new rules.
[Statutory Authority: RCW 76.09.040. 87-23-036 (Order 535), § 222-12-045, filed 11/16/87, effective 1/1/88.]
When approved by the board the manual serves as an advisory technical supplement to these forest practices regulations. The department, in cooperation with the departments of fish and wildlife, agriculture, ecology, and such other agencies, affected Indian tribes, or interested parties as may have appropriate expertise, is directed to prepare, and submit to the board for approval, revisions to the forest practices board manual. The manual shall include:
(1) Method for determination of adequate shade requirements on streams needed for use with WAC 222-30-040.
(2) The standard methods for measuring ((channel width,
stream gradient and flow which are used in the water typing
criteria WAC 222-16-030)) physical parameters of streams and
channel migration zones.
(3) ((A chart for establishing recommended permanent culvert
sizes and associated data.)) Guidelines for forest roads.
(a) Road construction.
(b) Road maintenance and abandonment plans.
(c) Recommended culvert sizes.
(4) Guidelines for clearing slash and debris from Type 4 and 5 Waters.
(5) Guidelines for landing location and construction.
(6) Guidelines for determining acceptable stocking levels.
(7) Guidelines for ((calculating average widths of))
riparian management zones.
(a) Calculating average RMZ widths for exempt 20-acre parcels in WAC 222-30-023.
(b) Western Washington RMZs WAC 222-30-021.
(c) Eastern Washington RMZs WAC 222-30-022.
(d) Large woody debris placement plans.
(8) Guidelines for wetland delineation.
(9) Guidelines for wetland replacement or substitution.
(10) A list of nonnative wetland plant species.
(11) The standard methodology, which shall specify the quantitative methods, indices of resource conditions, and definitions, for conducting watershed analysis under chapter 222-22 WAC. The department, in consultation with Timber/Fish/Wildlife's Cooperative Monitoring, Evaluation and Research Committee (CMER), may make minor modifications to the version of the standard methodology approved by the board. Substantial amendments to the standard methodology requires approval by the board.
(12) Guidelines for forest chemicals.
(a) A list of special concerns related to aerial application of pesticides developed under WAC 222-16-070(3).
(b) Guidelines for aerial applications of pesticides and other forest chemicals under chapter 222-38 WAC.
(13) Guidelines for determining fish use for the purpose of typing waters under WAC 222-16-030.
(14) Survey protocol for marbled murrelets. The Pacific seabird survey protocol in effect March 1, 1997, shall be used when surveying for marbled murrelets in a stand. Surveys conducted before the effective date of this rule are valid if they were conducted in substantial compliance with generally accepted survey protocols in effect at the beginning of the season in which they were conducted.
(15) The department shall, in consultation with the department of fish and wildlife, develop platform protocols for use by applicants in estimating the number of platforms, and by the department in reviewing and classifying forest practices under WAC 222-16-050. These protocols shall include:
(a) A sampling method to determine platforms per acre in the field;
(b) A method to predict the number of platforms per acre based on information measurable from typical forest inventories. The method shall be derived from regression models or other accepted statistical methodology, and incorporate the best available data; and
(c) Other methods determined to be reliable by the department, in consultation with the department of fish and wildlife.
(16) Guidelines for evaluating potentially unstable slopes and landforms.
[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-12-090, filed 12/3/97, effective 1/3/98; 97-15-105, § 222-12-090, filed 7/21/97, effective 8/21/97. Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW. 92-15-113, § 222-12-090, filed 7/21/92, effective 8/21/92. Statutory Authority: RCW 76.09.040. 88-19-112 (Order 551, Resolution No. 88-1), § 222-12-090, filed 9/21/88, effective 11/1/88; 87-23-036 (Order 535), § 222-12-090, filed 11/16/87, effective 1/1/88. Statutory Authority: RCW 76.09.040 and 76.09.050. 82-16-077 (Resolution No. 82-1), § 222-12-090, filed 8/3/82, effective 10/1/82; Order 263, § 222-12-090, filed 6/16/76.]
OTS-3464.2
AMENDATORY SECTION(Amending WSR 98-07-047, filed 3/13/98,
effective 5/1/98)
WAC 222-16-010
General definitions.*
Unless otherwise
required by context, as used in these ((regulations)) rules:
"Act" means the Forest Practices Act, chapter 76.09 RCW.
"Affected Indian tribe" means any federally recognized Indian tribe that requests in writing from the department information on forest practices applications and notification filed on specified areas.
"Alluvial fan" see "sensitive sites" definition.
"Appeals board" means the forest practices appeals board established in the act.
"Area of resource sensitivity" means areas identified in accordance with WAC 222-22-050 (2)(d) or 222-22-060(2).
"Bankfull depth" means the elevation of the water surface of a stream flow having a return period of approximately 1.5 years measured from the line of maximum depth of the stream or thalweg. (See board manual for measuring guidelines.)
"Bankfull width" means the horizontal projection of bankfull depth to the stream bank. (See board manual for measuring guidelines.)
"Basal area" means the area in square feet of the cross section of a tree bole measured at 4 1/2 feet above the ground.
"Bedrock hollows" (colluvium-filled bedrock hollows, or hollows; also referred to as zero-order basins, swales, or bedrock depressions) means landforms that are commonly spoon-shaped areas of convergent topography within unchannelled valleys on hillslopes. (See board manual section 16 for identification criteria.)
"Board" means the forest practices board established by the act.
"Bog" means wetlands which have the following characteristics: Hydric organic soils (peat and/or muck) typically 16 inches or more in depth (except over bedrock or hardpan); and vegetation such as sphagnum moss, labrador tea, bog laurel, bog rosemary, sundews, and sedges; bogs may have an overstory of spruce, western Hemlock, lodgepole pine, cedar, whitepine, crabapple, or aspen, and may be associated with open water. This includes nutrient-poor fens. See the Forest Practices Board Manual.
"Borrow pit" shall mean an excavation site outside the limits of construction to provide material necessary to that construction, such as fill material for the embankments.
"Bull trout habitat overlay" means those portions of Eastern Washington streams containing bull trout habitat as identified in the department of fish and wildlife's bull trout map. Prior to the development of a bull trout field protocol and of the habitat-based predictive model, the "bull trout habitat overlay" map may be modified to allow for locally-based corrections using current data, field knowledge, and best professional judgment. A landowner may meet with the departments of natural resources and fish and wildlife and, in consultation with affected tribes and federal biologists, determine whether certain stream reaches have habitat conditions that are unsuitable for supporting bull trout. If such a determination is mutually agreed upon, documentation submitted to the department will result in the applicable stream reaches no longer being included within the definition of bull trout habitat overlay. Conversely, if suitable bull trout habitat is discovered outside the current mapped range, those waters will be included within the definition of "bull trout habitat overlay" by a similar process.
| Place illustration here. |
"Chemicals" means substances applied to forest lands or timber including pesticides, fertilizers, and other forest chemicals.
"Clearcut" means a harvest method in which the entire stand of trees is removed in one timber harvesting operation. Except as provided in WAC 222-30-110, an area remains clearcut until:
It meets the minimum stocking requirements under WAC 222-34-010(2) or 222-34-020(2); and
The largest trees qualifying for the minimum stocking levels have survived on the area for five growing seasons or, if not, they have reached an average height of four feet.
"Columbia River Gorge National Scenic Area or CRGNSA" means the area established pursuant to the Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544b(a).
"CRGNSA special management area" means the areas designated in the Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544b(b) or revised pursuant to 16 U.S.C. § 544b(c). For purposes of this rule, the special management area shall not include any parcels excluded by 16 U.S.C. § 544f(o).
"CRGNSA special management area guidelines" means the guidelines and land use designations for forest practices developed pursuant to 16 U.S.C. § 544f contained in the CRGNSA management plan developed pursuant to 15 U.S.C. § 544d.
"Commercial tree species" means any species which is capable of producing a merchantable stand of timber on the particular site, or which is being grown as part of a Christmas tree or ornamental tree-growing operation.
"Completion of harvest" means the latest of:
Completion of removal of timber from the portions of forest lands harvested in the smallest logical unit that will not be disturbed by continued logging or an approved slash disposal plan for adjacent areas; or
Scheduled completion of any slash disposal operations where the department and the applicant agree within 6 months of completion of yarding that slash disposal is necessary or desirable to facilitate reforestation and agree to a time schedule for such slash disposal; or
Scheduled completion of any site preparation or rehabilitation of adjoining lands approved at the time of approval of the application or receipt of a notification: Provided, That delay of reforestation under this paragraph is permitted only to the extent reforestation would prevent or unreasonably hinder such site preparation or rehabilitation of adjoining lands.
"Constructed wetlands" means those wetlands voluntarily developed by the landowner. Constructed wetlands do not include wetlands created, restored, or enhanced as part of a mitigation procedure or wetlands inadvertently created as a result of current or past practices including, but not limited to: Road construction, landing construction, railroad construction, or surface mining.
"Contamination" means the introducing into the atmosphere, soil, or water, sufficient quantities of substances as may be injurious to public health, safety or welfare, or to domestic, commercial, industrial, agriculture or recreational uses, or to livestock, wildlife, fish or other aquatic life.
"Convergent headwalls" (or headwalls) means teardrop-shaped landforms, broad at the ridgetop and terminating where headwaters converge into a single channel; they are broadly concave both longitudinally and across the slope, but may contain sharp ridges separating the headwater channels. (See board manual section 17 for identification criteria.)
"Conversion option harvest plan" means a voluntary plan developed by the landowner and approved by the local government entity indicating the limits of harvest areas, road locations, and open space.
"Conversion to a use other than commercial timber operation" shall mean a bona fide conversion to an active use which is incompatible with timber growing.
"Cooperative habitat enhancement agreement (CHEA)" see WAC 222-16-105.
"Covered resources" means water quality, fish, the Columbia torrent salamander (Rhyacotriton kezeri), the Cascade torrent salamander (Rhyacotriton cascadae), the Olympic torrent salamander (Rhyacotriton olympian), the Dunn's salamander (Plethodon dunni), the Van Dyke's salamander (Plethodon vandyke), the Tailed frog (Ascaphus truei) and their respective habitats.
"Critical habitat (federal)" means the habitat of any threatened or endangered species designated as critical habitat by the United States Secretary of the Interior or Commerce under Sections 3 (5)(A) and 4 (a)(3) of the Federal Endangered Species Act.
"Critical nesting season" means for marbled murrelets - April 1 to August 31.
"Critical wildlife habitat (state)" means those habitats designated by the board in accordance with WAC 222-16-080.
"Cultural resources" means archaeological and historic sites and artifacts and traditional religious, ceremonial and social uses and activities of affected Indian tribes.
"Cumulative effects" means the changes to the environment caused by the interaction of natural ecosystem processes with the effects of two or more forest practices.
"Daily peak activity" means for marbled murrelets - one hour before official sunrise to two hours after official sunrise and one hour before official sunset to one hour after official sunset.
"Debris" means woody vegetative residue less than 3 cubic feet in size resulting from forest practice activities which would reasonably be expected to cause significant damage to a public resource.
"Deep-seated landslides" means landslides in which the slide plane or zone is mostly below the maximum rooting depth of forest trees, to depths of tens to hundreds of feet. (See board manual section 17 for identification criteria.)
"Demographic support" means providing sufficient suitable spotted owl habitat within the SOSEA to maintain the viability of northern spotted owl sites identified as necessary to meet the SOSEA goals.
"Department" means the department of natural resources.
"Desired future condition (DFC)" means the stand conditions of a mature riparian forest at 140 years of age.
"Diameter at breast height (dbh)" means the diameter of a tree at 4 1/2 feet above the ground.
"Dispersal habitat" see WAC 222-16-085(2).
"Dispersal support" means providing sufficient dispersal habitat for the interchange of northern spotted owls within or across the SOSEA, as necessary to meet SOSEA goals. Dispersal support is provided by a landscape consisting of stands of dispersal habitat interspersed with areas of higher quality habitat, such as suitable spotted owl habitat found within RMZs, WMZs or other required and voluntary leave areas.
"Eastern Washington" means ((the lands of the state lying
east of an administrative line which approximates the change from
the Western Washington timber types to the Eastern Washington
timber types described as follows:
Beginning at the International Border and Okanogan National Forest boundary at the N1/4 corner Section 6, T. 40N, R. 24E., W.M., south and west along the Pasayten Wilderness boundary to the west line of Section 30, T. 37N, R. 19E.,
Thence south on range line between R. 18E. and R. 19E., to the Lake Chelan-Sawtooth Wilderness at Section 31, T. 35N, R. 19E.,
Thence south and east along the eastern wilderness boundary of Lake Chelan-Sawtooth Wilderness to the west line of Section 18, T. 31N, R. 19E. on the north shore of Lake Chelan,
Thence south on the range line between R. 18E. and R. 19E. to the SE corner of T. 28N, R. 18E.,
Thence west on the township line between T. 27N, and T. 28N to the NW corner of T. 27N, R. 17E.,
Thence south on range line between R. 16E. and R. 17E. to the Alpine Lakes Wilderness at Section 31, T. 26N, R. 17E.,
Thence south along the eastern wilderness boundary to the west line of Section 6, T. 22N, R. 17E.,
Thence south on range line between R. 16E. and R. 17E. to the SE corner of T. 22N, R. 16E.,
Thence west along township line between T. 21N, and T. 22N to the NW corner of T. 21N, R. 15E.,
Thence south along range line between R. 14E. and R. 15E. to SW corner of T. 20N, R. 15E.,
Thence east along township line between T. 19N, and T. 20N to the SW corner of T. 20N, R. 16E.,
Thence south along range line between R. 15E. and R. 16E. to the SW corner of T. 18N, R. 16E.,
Thence west along township line between T. 17N, and T. 18N to the SE corner of T. 18N, R. 14E.,
Thence south along range line between T. 14E. and R. 15E. to the SW corner of T. 14N, R. 15E.,
Thence south and west along Wenatchee National Forest Boundary to the NW corner of T. 12N, R. 14E.,
Thence south along range line between R. 13E. and R. 14E. to SE corner of T. 10N, R. 13E.,
Thence west along township line between T. 9N, and T. 10N to the NW corner of T. 9N, R. 12E.,
Thence south along range line between R. 11E. and R. 12E. to SE corner of T. 8N, R. 11E.,
Thence west along township line between T. 7N, and T. 8N to the Gifford Pinchot National Forest Boundary,
Thence south along Forest Boundary to SE corner of Section 33, T. 7N, R. 11E.,
Thence west along township line between T. 6N, and T. 7N to SE corner of T. 7N, R. 9E.,
Thence south along Skamania-Klickitat County line to Oregon-Washington)) the geographic area in Washington east of the crest of the Cascade Mountains from the international border to the top of Mt. Adams, then east of the ridge line dividing the White Salmon River drainage from the Lewis River drainage and east of the ridge line dividing the Little White Salmon River drainage from the Wind River drainage to the Washington-Oregon state line.
| Place illustration here. |
"Eastern Washington timber habitat types" means:
| Tree species zone | Elevation |
| Ponderosa Pine | 0 - 2500 feet |
| Mixed Conifer | 2501 - 5000 feet |
| High Elevation | Above 5000 feet |
"Erodible soils" means those soils exposed or displaced by a forest practice operation, that would be readily moved by water.
"Even-aged harvest methods" means the following harvest methods:
Clearcuts;
Seed tree harvests in which twenty or fewer trees per acre remain after harvest;
Shelterwood regeneration harvests in which twenty or fewer trees per acre remain after harvest;
Group or strip shelterwood harvests creating openings wider than two tree heights, based on dominant trees;
Shelterwood removal harvests which leave fewer than one hundred fifty trees per acre which are at least five years old or four feet in average height;
Partial cutting in which fewer than fifty trees per acre remain after harvest;
Overstory removal when more than five thousand board feet per acre is removed and fewer than fifty trees per acre at least ten feet in height remain after harvest; and
Other harvesting methods designed to manage for multiple age classes in which six or fewer trees per acre remain after harvest.
Except as provided above for shelterwood removal harvests and overstory removal, trees counted as remaining after harvest shall be at least ten inches in diameter at breast height and have at least the top one-third of the stem supporting green, live crowns. Except as provided in WAC 222-30-110, an area remains harvested by even-aged methods until it meets the minimum stocking requirements under WAC 222-30-010(2) or 222-34-020(2) and the largest trees qualifying for the minimum stocking levels have survived on the area for five growing seasons or, if not, they have reached an average height of four feet.
"Fen" means wetlands which have the following characteristics: Peat soils 16 inches or more in depth (except over bedrock); and vegetation such as certain sedges, hardstem bulrush and cattails; fens may have an overstory of spruce and may be associated with open water.
"Fertilizers" means any substance or any combination or mixture of substances used principally as a source of plant food or soil amendment.
"Fill" means the placement of earth material or aggregate for road or landing construction or other similar activities. Fill does not include the growing or harvesting of timber including, but not limited to, slash burning, site preparation, reforestation, precommercial thinning, intermediate or final harvesting, salvage of trees, brush control, or fertilization.
"Fish" means for purposes of these rules, species of the vertebrate taxonomic groups of Cephalospidomorphi and Osteichthyes.
(("Flood level - 50 year." For purposes of field
interpretation of these regulations, the 50-year flood level
shall be considered to refer to a vertical elevation measured
from the ordinary high-water mark which is 1.25 times the
vertical distance between the average stream bed and the ordinary
high-water mark, and in horizontal extent shall not exceed 2
times the channel width measured on either side from the ordinary
high-water mark, unless a different area is specified by the
department based on identifiable topographic or vegetative
features or based on an engineering computation of flood
magnitude that has a 2 percent chance of occurring in any given
year. The 50-year flood level shall not include those lands that
can reasonably be expected to be protected from flood waters by
flood control devices maintained by or under license from the
federal government, the state, or a political subdivision of the
state.)) "Flood level - 100 year." Is a calculated flood event
flow based on an engineering computation of flood magnitude that
has a 1 percent chance of occurring in any given year. For
purposes of field interpretation, landowners may use the
following methods:
• Flow information from gauging stations;
• Field estimate of water level based on guidance for "Determining the 100-Year Flood Level" in the forest practices board manual.
The 100-year flood level shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or under license from the federal government, the state, or a political subdivision of the state.
"Forest land" means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing.
"Forest land owner" shall mean any person in actual control of forest land, whether such control is based either on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner: Provided, That any lessee or other person in possession of forest land without legal or equitable title to such land shall be excluded from the definition of "forest land owner" unless such lessee or other person has the right to sell or otherwise dispose of any or all of the timber located on such forest land.
"Forest practice" means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to:
Road and trail construction;
Harvesting, final and intermediate;
Precommercial thinning;
Reforestation;
Fertilization;
Prevention and suppression of diseases and insects;
Salvage of trees; and
Brush control.
"Forest practice" shall not include: Forest species seed orchard operations and intensive forest nursery operations; or preparatory work such as tree marking, surveying and road flagging; or removal or harvest of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber or public resources.
"Forest trees" excludes trees cultivated by agricultural methods in growing cycles shorter than ten years: Provided, That Christmas trees are forest trees and: Provided further, That this exclusion applies only to trees planted on land that was not in forest use immediately before the trees were planted and before the land was prepared for planting the trees.
"Full bench road" means a road constructed on a side hill without using any of the material removed from the hillside as a part of the road. This construction technique is usually used on steep or unstable slopes.
"Green recruitment trees" means those trees left after harvest for the purpose of becoming future wildlife reserve trees under WAC 222-30-020(11).
"Groundwater recharge areas for glacial deep-seated slides" means the area upgradient that can contribute water to the landslide, assuming that there is an impermeable perching layer in or under a deep-seated landslide in glacial deposits. (See board manual section 17 for identification criteria.)
"Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any tree, bush, weed or algae and other aquatic weeds.
"Historic site" includes:
Sites, areas and structures or other evidence of human activities illustrative of the origins, evolution and development of the nation, state or locality; or
Places associated with a personality important in history; or
Places where significant historical events are known to have occurred even though no physical evidence of the event remains.
"Horizontal distance" means the distance on a line parallel to the horizon (not parallel to the slope).
"Hyporheic" means an area adjacent to and below channels where interstitial water is exchanged with channel water and water movement is mainly in the downstream direction.
"Identified watershed processes" means the following components of natural ecological processes that may in some instances be altered by forest practices in a watershed:
Mass wasting;
Surface and road erosion;
Seasonal flows including hydrologic peak and low flows and annual yields (volume and timing);
Large organic debris;
Shading; and
Stream bank and bed stability.
"Inner gorges" means canyons created by a combination of the downcutting action of a stream and mass movement on the slope walls; they commonly show evidence of recent movement, such as obvious landslides, vertical tracks of disturbance vegetation, or areas that are concave in contour and/or profile. (See board manual section 17 for identification criteria.)
"Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insect, other arthropods or mollusk pests.
"Interdisciplinary team" (ID Team) means a group of varying size comprised of individuals having specialized expertise, assembled by the department to respond to technical questions associated with a proposed forest practice activity.
"Islands" means any island surrounded by salt water in Kitsap, Mason, Jefferson, Pierce, King, Snohomish, Skagit, Whatcom, Island, or San Juan counties.
"Limits of construction" means the area occupied by the completed roadway or landing, including the cut bank, fill slope, and the area cleared for the purpose of constructing the roadway or landing.
"Load bearing portion" means that part of the road, landing, etc., which is supportive soil, earth, rock or other material directly below the working surface and only the associated earth structure necessary for support.
"Local government entity" means the governments of counties and the governments of cities and towns as defined in chapter 35.01 RCW.
"Low impact harvest" means use of any logging equipment, methods, or systems that minimize compaction or disturbance of soils and vegetation during the yarding process. The department shall determine such equipment, methods or systems in consultation with the department of ecology.
"Marbled murrelet detection area" means an area of land associated with a visual or audible detection of a marbled murrelet, made by a qualified surveyor which is documented and recorded in the department of fish and wildlife data base. The marbled murrelet detection area shall be comprised of the section of land in which the marbled murrelet detection was made and the eight sections of land immediately adjacent to that section.
"Marbled murrelet nesting platform" means any horizontal tree structure such as a limb, an area where a limb branches, a surface created by multiple leaders, a deformity, or a debris/moss platform or stick nest equal to or greater than 7 inches in diameter including associated moss if present, that is 50 feet or more above the ground in trees 32 inches dbh and greater (generally over 90 years of age) and is capable of supporting nesting by marbled murrelets.
"Median home range circle" means a circle, with a specified radius, centered on a spotted owl site center. The radius for the median home range circle in the Hoh-Clearwater/Coastal Link SOSEA is 2.7 miles; for all other SOSEAs the radius is 1.8 miles.
"Merchantable stand of timber" means a stand of trees that will yield logs and/or fiber:
Suitable in size and quality for the production of lumber, plywood, pulp or other forest products;
Of sufficient value at least to cover all the costs of harvest and transportation to available markets.
"Multiyear permit" means a permit to conduct forest practices which is effective for longer than two years but no longer than five years.
"Northern spotted owl site center" means the location of status 1, 2 or 3 northern spotted owls based on the following definitions:
| Status 1: | Pair or reproductive - a male and female heard and/or observed in close proximity to each other on the same visit, a female detected on a nest, or one or both adults observed with young. |
| Status 2: | Two birds, pair status unknown - the presence or response of two birds of opposite sex where pair status cannot be determined and where at least one member meets the resident territorial single requirements. |
| Status 3: | Resident territorial single - the presence or response of a single owl within the same general area on three or more occasions within a breeding season with no response by an owl of the opposite sex after a complete survey; or three or more responses over several years (i.e., two responses in year one and one response in year two, for the same general area). |
"Notice to comply" means a notice issued by the department pursuant to RCW 76.09.090 of the act and may require initiation and/or completion of action necessary to prevent, correct and/or compensate for material damage to public resources which resulted from forest practices.
"Occupied marbled murrelet site" means:
(1) A contiguous area of suitable marbled murrelet habitat where at least one of the following marbled murrelet behaviors or conditions occur:
(a) A nest is located; or
(b) Downy chicks or eggs or egg shells are found; or
(c) Marbled murrelets are detected flying below, through, into or out of the forest canopy; or
(d) Birds calling from a stationary location within the area; or
(e) Birds circling above a timber stand within one tree height of the top of the canopy; or
(2) A contiguous forested area, which does not meet the definition of suitable marbled murrelet habitat, in which any of the behaviors or conditions listed above has been documented by the department of fish and wildlife and which is distinguishable from the adjacent forest based on vegetative characteristics important to nesting marbled murrelets.
(3) For sites defined in (1) above, the outer perimeter of the occupied site shall be presumed to be the closer, measured from the point where the observed behaviors or conditions listed in (1) above occurred, of the following:
(a) 1.5 miles from the point where the observed behaviors or conditions listed in (1) above occurred; or
(b) The beginning of any gap greater than 300 feet wide lacking one or more of the vegetative characteristics listed under "suitable marbled murrelet habitat"; or
(c) The beginning of any narrow area of "suitable marbled murrelet habitat" less than 300 feet in width and more than 300 feet in length.
(4) For sites defined under (2) above, the outer perimeter of the occupied site shall be presumed to be the closer, measured from the point where the observed behaviors or conditions listed in (1) above occurred, of the following:
(a) 1.5 miles from the point where the observed behaviors or conditions listed in (1) above occurred; or
(b) The beginning of any gap greater than 300 feet wide lacking one or more of the distinguishing vegetative characteristics important to murrelets; or
(c) The beginning of any narrow area of suitable marbled murrelet habitat, comparable to the area where the observed behaviors or conditions listed in (1) above occurred, less than 300 feet in width and more than 300 feet in length.
(5) In determining the existence, location and status of occupied marbled murrelet sites, the department shall consult with the department of fish and wildlife and use only those sites documented in substantial compliance with guidelines or protocols and quality control methods established by and available from the department of fish and wildlife.
"Old forest habitat" see WAC 222-16-085 (1)(a).
"Operator" shall mean any person engaging in forest practices except an employee with wages as his/her sole compensation.
"Ordinary high-water mark" means the mark on the shores of all waters, which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation: Provided, That in any area where the ordinary high-water mark cannot be found, the ordinary high-water mark adjoining saltwater shall be the line of mean high tide and the ordinary high-water mark adjoining freshwater shall be the line of mean high-water.
"Other forest chemicals" means fire retardants when used to control burning (other than water), nontoxic repellents, oil, dust-control agents (other than water), salt, and other chemicals used in forest management, except pesticides and fertilizers, that may present hazards to the environment.
"Park" means any park included on the parks register maintained by the department pursuant to WAC 222-20-100(2). Developed park recreation area means any park area developed for high density outdoor recreation use.
"Partial cutting" means the removal of a portion of the merchantable volume in a stand of timber so as to leave an uneven-aged stand of well-distributed residual, healthy trees that will reasonably utilize the productivity of the soil. Partial cutting does not include seedtree or shelterwood or other types of regeneration cutting.
"Perennial initiation point" means the place where perennial flow begins on a Type 4 Water.
"Perennial streams." See WAC 222-16-030*(4).
"Pesticide" means any insecticide, herbicide, fungicide, or rodenticide but does not include nontoxic repellents or other forest chemicals.
"Plantable area" is an area capable of supporting a commercial stand of timber excluding lands devoted to permanent roads, utility rights-of-way, that portion of riparian management zones where scarification is not permitted, and any other area devoted to a use incompatible with commercial timber growing.
"Power equipment" means all machinery operated with fuel burning or electrical motors, including heavy machinery, chain saws, portable generators, pumps, and powered backpack devices.
"Preferred tree species" means the following species listed in descending order of priority for each timber habitat type:
| Ponderosa pine habitat type | Mixed conifer habitat type |
| all hardwoods | all hardwoods |
| ponderosa pine | Douglas-fir |
| Douglas-fir | western larch |
| western red cedar | ponderosa pine |
| western red cedar | |
| white pine | |
| lodgepole pine |
"Qualified surveyor" means an individual who has successfully completed the marbled murrelet field training course offered by the department of fish and wildlife or its equivalent.
"Rehabilitation" means the act of renewing, or making usable and reforesting forest land which was poorly stocked or previously nonstocked with commercial species.
"Relief culvert" means a structure to relieve surface runoff from roadside ditches to prevent excessive buildup in water volume and velocity.
"Resource characteristics" means the following specific measurable characteristics of fish, water, and capital improvements of the state or its political subdivisions:
For fish and water:
Physical fish habitat, including temperature and turbidity;
Turbidity in hatchery water supplies; and
Turbidity and volume for areas of water supply.
For capital improvements of the state or its political subdivisions:
Physical or structural integrity.
If the methodology is developed and added to the manual to analyze the cumulative effects of forest practices on other characteristics of fish, water, and capital improvements of the state or its subdivisions, the board shall amend this list to include these characteristics.
"Riparian management zone (RMZ)" means:
(1) For Western Washington
(a) The area within one site potential tree height of a Type 1, 2 or 3 Water measured horizontally from the bankfull width or the CMZ, whichever is greater; and
(b) The area protected for Type 4 Waters.
(2) In Eastern Washington
(a) The area within one site potential tree height of a Type 1, 2 or 3 Water measured horizontally from the bankfull width or the CMZ, whichever is greater; and
(b) The area protected for Type 4 Waters.
(3) For both Western and Eastern Washington, the area within the equipment limitation zone on Type 4 and Type 5 Waters.
(4) For exempt 20 acre parcels, a specified area alongside Type 1, 2 and 3 Waters where specific measures are taken to protect water quality and fish and wildlife habitat.
"RMZ core zone" means:
(1) For Western Washington, the 50 foot buffer measured horizontally outside of the bankfull width or the channel migration zone, whichever is greater, of a Type 1, 2 or 3 Water. (See WAC 222-30-021.)
(2) For Eastern Washington, the 30 foot buffer measured horizontally outside of the bankfull width or the channel migration zone, whichever is greater, of a Type 1, 2 or 3 Water. (See WAC 222-30-022.)
"RMZ inner zone" means:
(1) For Western Washington, the area measured horizontally from the outside boundary of the core zone of a Type 1, 2 or 3 Water to the outer limit of the inner zone. The outer limit of the inner zone is determined based on the width of the affected water, site class and the management option chosen for timber harvest within the inner zone. (See WAC 222-30-021.)
(2) For Eastern Washington, the area measured horizontally between the outer boundary of the core zone and a line 45 feet (for streams less than 15 feet wide) or 70 feet (for streams more than 15 feet wide) from the bankfull width or the channel migration zone, whichever is greater. (See WAC 222-30-022.)
"RMZ outer zone" means the area measured horizontally between the outer extent of the inner zone and a line one site potential tree height in length from the bankfull width or the channel migration zone, whichever is greater. (See WAC 222-30-021 and 222-30-022.)
"Road construction" means any new road construction or reconstruction of existing roads.
"Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents or any other vertebrate animal which the director of the state department of agriculture may declare by regulation to be a pest.
"Salvage" means the removal of snags, down logs, windthrow, or dead and dying material.
"Scarification" means loosening the topsoil and/or disrupting the forest floor in preparation for regeneration.
"Seasonal streams." See WAC 222-16-030*(5).
"Sensitive sites" means one of the following:
(1) Headwall seep is a seep located at the toe of a cliff or other steep topographical feature and at the head of a Type 4 Water which connects to the stream channel network via overland flow, and is characterized by loose substrate and fractured bedrock with perennial water at or near the surface throughout the year.
(2) Side-slope seep is a seep within 100 feet of a Type 4 Water located on side-slopes which are greater than 20 percent, connected to the stream channel network via overland flow, and characterized by loose substrate and fractured bedrock with perennial water at or near the surface throughout the year. Water delivery to the Type 4 channel is visible at the surface.
(3) Side-slope spring is an identified spring within 100 feet of a Type 4 Water which is the initiation point for a stream and is connected to the stream's channel network via a perennial channelized flow.
(4) Perennial initiation points. See WAC 222-16-010 and guidelines in the board manual section 7.
(5) Alluvial fan means an erosional land form consisting of cone-shaped deposit of water-borne, often coarse-sized sediments.
(a) The upstream end of the fan (cone apex) is typically characterized by a distinct increase in channel width where a stream emerges from a narrow valley;
(b) The downstream edge of the fan is defined as the sediment confluence with a Type 1, 2 or 3 Water; and
(c) The lateral margins of a fan are characterized by distinct local changes in sediment elevation and often show disturbed vegetation.
Alluvial fan does not include features that were formed under climatic or geologic conditions which are not currently present or that are no longer dynamic. (See the board manual section 7 for guidelines on how to identify these sensitive sites in the field.)
"Shorelines of the state" shall have the same meaning as in RCW 90.58.030 (Shoreline Management Act).
"Side casting" means the act of moving excavated material to the side and depositing such material within the limits of construction or dumping over the side and outside the limits of construction.
"Site class" means a grouping of site indices that define the width of the riparian zones:
(1) For Western Washington
| Site class | 50-year site index range (state soil survey) |
| I | 137+ |
| II | 119-136 |
| III | 97-118 |
| IV | 76-96 |
| V | <75 |
| Site class | 100-year site index range (state soil survey) |
| I | 120+ |
| II | 101-120 |
| III | 81-100 |
| IV | 61-80 |
| V | <60 |
"Site preparation" means those activities associated with the removal of slash in preparing a site for planting and shall include scarification and/or slash burning.
"Skid trail" means a route used by tracked or wheeled skidders to move logs to a landing or road.
"Slash" means pieces of woody material containing more than 3 cubic feet resulting from forest practice activities.
"SOSEA goals" means the goals specified for a spotted owl special emphasis area as identified on the SOSEA maps (see WAC 222-16-086). SOSEA goals provide for demographic and/or dispersal support as necessary to complement the northern spotted owl protection strategies on federal land within or adjacent to the SOSEA.
"Spoil" means excess material removed as overburden or generated during road or landing construction which is not used within limits of construction.
"Spotted owl dispersal habitat" see WAC 222-16-085(2).
"Spotted owl special emphasis areas (SOSEA)" means the geographic areas as mapped in WAC 222-16-086. Detailed maps of the SOSEAs indicating the boundaries and goals are available from the department at its regional offices.
"Stop work order" means the "stop work order" defined in RCW 76.09.080 of the act and may be issued by the department to stop violations of the forest practices chapter or to prevent damage and/or to correct and/or compensate for damages to public resources resulting from forest practices.
"Stream-adjacent parallel roads" means roads in a riparian management zone on a property that have an alignment that is parallel to the general alignment of the stream, including roads used by others under easements or cooperative road agreements. Also included are stream crossings where the alignment of the road continues to parallel the stream. Not included are federal, state, county or municipal roads that are not subject to forest practices rules, or roads of another adjacent landowner.
"Sub-mature habitat" see WAC 222-16-085 (1)(b).
"Suitable marbled murrelet habitat" means a contiguous forested area containing trees capable of providing nesting opportunities:
(1) With all of the following indicators unless the department, in consultation with the department of fish and wildlife, has determined that the habitat is not likely to be occupied by marbled murrelets:
(a) Within 50 miles of marine waters;
(b) At least 40% of the dominant and codominant trees are Douglas-fir, western hemlock, western red cedar or sitka spruce;
(c) Two or more nesting platforms per acre;
(d) At least 7 acres in size, including the contiguous forested area within 300 feet of nesting platforms, with similar forest stand characteristics (age, species composition, forest structure) to the forested area in which the nesting platforms occur.
"Suitable spotted owl habitat" see WAC 222-16-085(1).
"Threaten public safety" means to increase the risk to the public at large from snow avalanches, identified in consultation with the department of transportation or a local government, or landslides or debris torrents caused or triggered by forest practices.
"Threatened or endangered species" means all species of wildlife listed as "threatened" or "endangered" by the United States Secretary of the Interior or Commerce, and all species of wildlife designated as "threatened" or "endangered" by the Washington fish and wildlife commission.
"Timber" shall mean forest trees, standing or down, of a commercial species, including Christmas trees.
"Water bar" means a diversion ditch and/or hump in a trail or road for the purpose of carrying surface water runoff into the vegetation duff, ditch, or other dispersion area so that it does not gain the volume and velocity which causes soil movement and erosion.
"Watershed administrative unit (WAU)" means an area shown on the map specified in WAC 222-22-020(1).
"Watershed analysis" means, for a given WAU, the assessment completed under WAC 222-22-050 or 222-22-060 together with the prescriptions selected under WAC 222-22-070 and shall include assessments completed under WAC 222-22-050 where there are no areas of resource sensitivity.
"Weed" is any plant which tends to overgrow or choke out more desirable vegetation.
"Western Washington" means the ((lands of the state lying
west of the administrative line described in the definition of
Eastern Washington.)) geographic area of Washington west of the
Cascade crest and the drainages defined in Eastern Washington."
"Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, such as swamps, bogs, fens, and similar areas. This includes wetlands created, restored, or enhanced as part of a mitigation procedure. This does not include constructed wetlands or the following surface waters of the state intentionally constructed from wetland sites: Irrigation and drainage ditches, grass lined swales, canals, agricultural detention facilities, farm ponds, and landscape amenities.
"Wetland functions" include the protection of water quality and quantity, providing fish and wildlife habitat, and the production of timber.
"Wetland management zone" means a specified area adjacent to Type A and B Wetlands where specific measures are taken to protect the wetland functions.
"Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. The term "wildlife" includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development. The term "wildlife" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).
"Wildlife reserve trees" means those defective, dead, damaged, or dying trees which provide or have the potential to provide habitat for those wildlife species dependent on standing trees. Wildlife reserve trees are categorized as follows:
Type 1 wildlife reserve trees are defective or deformed live trees that have observably sound tops, limbs, trunks, and roots. They may have part of the top broken out or have evidence of other severe defects that include: "Cat face," animal chewing, old logging wounds, weather injury, insect attack, or lightning strike. Unless approved by the landowner, only green trees with visible cavities, nests, or obvious severe defects capable of supporting cavity dependent species shall be considered as Type 1 wildlife reserve trees. These trees must be stable and pose the least hazard for workers.
Type 2 wildlife reserve trees are dead Type 1 trees with sound tops, limbs, trunks, and roots.
Type 3 wildlife reserve trees are live or dead trees with unstable tops or upper portions. Unless approved by the landowner, only green trees with visible cavities, nests, or obvious severe defects capable of supporting cavity dependent species shall be considered as Type 3 wildlife reserve trees. Although the roots and main portion of the trunk are sound, these reserve trees pose high hazard because of the defect in live or dead wood higher up in the tree.
Type 4 wildlife reserve trees are live or dead trees with unstable trunks or roots, with or without bark. This includes "soft snags" as well as live trees with unstable roots caused by root rot or fire. These trees are unstable and pose a high hazard to workers.
"Windthrow" means a natural process by which trees are uprooted or sustain severe trunk damage by the wind.
"Yarding corridor" means a narrow, linear path through a riparian management zone to allow suspended cables necessary to support cable logging methods or suspended or partially suspended logs to be transported through these areas by cable logging methods.
"Young forest marginal habitat" see WAC 222-16-085 (1)(b).
[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 98-07-047, § 222-16-010, filed 3/13/98, effective 5/1/98; 97-24-091, § 222-16-010, filed 12/3/97, effective 1/3/98; 97-15-105, § 222-16-010, filed 7/21/97, effective 8/21/97. Statutory Authority: Chapters 76.09 and 34.05 RCW. 96-12-038, § 222-16-010, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 94-17-033, § 222-16-010, filed 8/10/94, effective 8/13/94; 93-12-001, § 222-16-010, filed 5/19/93, effective 6/19/93. Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW. 92-15-011, § 222-16-010, filed 7/2/92, effective 8/2/92. Statutory Authority: RCW 76.09.040, 76.09.050 and 34.05.350. 92-03-028, § 222-16-010, filed 1/8/92, effective 2/8/92; 91-23-052, § 222-16-010, filed 11/15/91, effective 12/16/91. Statutory Authority: RCW 76.09.040. 88-19-112 (Order 551, Resolution No. 88-1), § 222-16-010, filed 9/21/88, effective 11/1/88; 87-23-036 (Order 535), § 222-16-010, filed 11/16/87, effective 1/1/88. Statutory Authority: RCW 76.09.040 and 76.09.050. 82-16-077 (Resolution No. 82-1), § 222-16-010, filed 8/3/82, effective 10/1/82; Order 263, § 222-16-010, filed 6/16/76.]
OTS-3469.2
AMENDATORY SECTION(Amending WSR 97-24-091, filed 12/3/97,
effective 1/3/98)
WAC 222-16-030
Water typing system.
*The department in
cooperation with the departments of fish and wildlife, and
ecology, and in consultation with affected Indian tribes
((shall)) will classify streams, lakes and ponds ((and prepare
stream classification)). The department will prepare new water
type maps showing the location of ((Type 1, 2, 3 and 4 Waters))
waters within the ((various)) forested areas of the state. ((Such)) The maps will be based on a multiparameter,
field-verified geographic information system (GIS) logistic
regression model. The multiparameter model will be "habitat
driven" and will use geomorphic parameters such as basin size,
gradient, elevation and other indicators. Water type maps will
be updated every five years to better reflect observed, in-field
conditions. If on-the-ground observations by an on-site
interdisciplinary team using nonlethal methods identifies fish,
or if they find that habitat is not accessible due to naturally
occurring conditions and no fish reside above the blockage, then
a water type change may occur. Water types previously field
verified as fish-bearing will not be recategorized as
nonfish-habitat. Electro-fishing to prove the presence or
absence of fish will no longer affect stream type determinations.
Until the habitat-driven water type maps mentioned above are available, the current maps will continue to be used. These maps shall be available for public inspection at region offices of the department. The waters will be classified using the following criteria, until the habitat-driven water type maps are available. If a dispute arises concerning a water type the department shall make available informal conferences, which shall include the departments of fish and wildlife, and ecology, and affected Indian tribes and those contesting the adopted water types. These conferences shall be established under procedures established in WAC 222-46-020.
*(1) "Type 1 Water" means all waters, within their ordinary high-water mark, as inventoried as "shorelines of the state" under chapter 90.58 RCW and the rules promulgated pursuant to chapter 90.58 RCW, but not including those waters' associated wetlands as defined in chapter 90.58 RCW.
*(2) "Type 2 Water" ((shall)) means segments of natural
waters which are not classified as Type 1 Water and have a high
fish, wildlife, or human use. These are segments of natural
waters and periodically inundated areas of their associated
wetlands, which:
(a) Are diverted for domestic use by more than 100 residential or camping units or by a public accommodation facility licensed to serve more than 100 persons, where such diversion is determined by the department to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type 2 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less;
(b) Are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type 2 Water upstream from the point of diversion for 1,500 feet, including tributaries if highly significant for protection of downstream water quality. The department may allow additional harvest beyond the requirements of Type 2 Water designation provided the department determines after a landowner-requested on-site assessment by the department of fish and wildlife, department of ecology, the affected tribes and interested parties that:
(i) The management practices proposed by the landowner will adequately protect water quality for the fish hatchery; and
(ii) Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery;
(c) Are within a federal, state, local, or private campground having more than 30 camping units: Provided, That the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail or other park improvement;
(((c))) (d) Are used by substantial numbers of ((anadromous
or resident game)) fish for spawning, rearing or migration. Waters having the following characteristics are presumed to have
highly significant fish populations:
(i) Stream segments having a defined channel 20 feet or
greater ((in width between the ordinary high-water marks)) within
the bankfull width and having a gradient of less than 4 percent.
(ii) Lakes, ponds, or impoundments having a surface area of 1 acre or greater at seasonal low water; or
(((d))) (e) Are used by salmonids for off-channel habitat. These areas are critical to the maintenance of optimum survival
of juvenile salmonids. This habitat shall be identified based on
the following criteria:
(i) The site must be connected to a stream bearing salmonids and accessible during some period of the year; and
(ii) The off-channel water must be accessible to juvenile salmonids through a drainage with less than a 5% gradient.
*(3) "Type 3 Water" ((shall)) means segments of natural
waters which are not classified as Type 1 or 2 Water and have a
moderate to slight fish, wildlife, and human use. These are
segments of natural waters and periodically inundated areas of
their associated wetlands which:
(a) Are diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the department to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type 3 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less;
(b) Are used by significant numbers of ((anadromous)) fish
for spawning, rearing or migration. ((Waters having the
following characteristics are presumed to have significant
anadromous fish use:
(i) Stream segments having a defined channel of 5 feet or greater in width between the ordinary high-water marks; and having a gradient of less than 12 percent and not upstream of a falls of more than 10 vertical feet.
(ii) Ponds or impoundments having a surface area of less than 1 acre at seasonal low water and having an outlet to an anadromous fish stream.
(c) Are used by significant numbers of resident game fish. Waters with the following characteristics are presumed to have significant resident game fish use:))
(i) Waters having the following characteristics are presumed to have fish use:
(A) Stream segments having a defined channel of ((10)) 2
feet or greater ((in width between the ordinary high-water marks;
and a summer low flow greater than 0.3 cubic feet per second;))
within the bankfull width in Western Washington; or 3 feet or
greater in width within the bankfull width in Eastern Washington;
and having a gradient of ((less than 12)) 16 percent or less.
(((ii))) (B) Stream segments having a defined channel of 2
feet or greater within the bankfull width in Western Washington;
or 3 feet or greater within the bankfull width in Eastern
Washington, and having a gradient greater than 16 percent and
less than or equal to 20 percent, and having greater than 50
acres in contributing basin size in Western Washington or greater
than 175 acres contributing basin size in Eastern Washington,
based on hydrographic boundaries;
(C) Ponds or impoundments having a surface area of less than 1 acre at seasonal low water and having an outlet to a fish stream;
(D) Ponds or impoundments having a surface area greater than
0.5 acre at seasonal low water((; or)).
(((d) Are highly significant for protection of downstream
water quality. Tributaries which contribute greater than 20
percent of the flow to a Type 1 or 2 Water are presumed to be
significant for 1,500 feet from their confluence with the Type 1
or 2 Water or until their drainage area is less than 50 percent
of their drainage area at the point of confluence, whichever is
less.)) (ii) The department shall waive or modify the
characteristics in (i) of this subsection where:
(A) Waters have confirmed, long term, naturally occurring water quality parameters incapable of supporting fish;
(B) Snowmelt streams have short flow cycles that do not support successful life history phases of fish. These streams typically have no flow in the winter months and discontinue flow by June 1; or
(C) Sufficient information about a geographic region is available to support a departure from the characteristics in (i) of this subsection, as determined in consultation with the department of fish and wildlife, department of ecology, affected tribes and interested parties.
*(4) "Type 4 Water" ((classification shall be applied to
segments of natural waters which are not classified as Type 1, 2
or 3, and for the purpose of protecting water quality downstream
are classified as Type 4 Water upstream until the channel width
becomes less than 2 feet in width between the ordinary high-water
marks. Their significance lies in their influence on water
quality downstream in Type 1, 2, and 3 Waters. These may be
perennial or intermittent.)) means all segments of natural waters
within the bankfull width of defined channels that are not Type
1, 2 or 3 Waters and which are perennial waters of
nonfish-bearing streams. Perennial waters means waters
downstream from a perennial initiation point. (See board manual,
section 13, for the protocol for defining the upper extent of a
perennial stream.)
If the point of initiation of perennial flow using indicators such as nonmigrating seeps or springs cannot be identified with simple, nontechnical observations, then the following shall apply:
(a) Western Washington Type 4 Waters are perennial streams if their basin size is greater than the following minimums:
(i) 13 Acres in the coastal zone (which corresponds to the Sitka spruce zone defined in Franklin and Dyrness, 1973); or
(ii) 52 Acres for all other Western Washington locations.
(b) Eastern Washington Type 4 Waters are perennial streams if their basin size is greater than 300 acres.
*(5) "Type 5 Waters" ((classification shall be applied to
all natural waters not classified as Type 1, 2, 3 or 4; including
streams with or without well-defined channels, areas of perennial
or intermittent seepage, ponds, natural sinks and drainageways
having short periods of spring or storm runoff.)) include all
segments of natural waters within the bankfull width of defined
channels that are not Type 1, 2, 3 or 4 Waters and which are
seasonal nonfish bearing streams. "Seasonal stream" means those
streams that are not perennial but are physically connected by a
defined channel system to downstream waters so that water or
sediment initially delivered to these waters may eventually be
delivered to a Type 1, 2, 3 or 4 Water.
*(6) For purposes of this section:
(a) "Residential unit" means a home, apartment, residential condominium unit or mobile home, serving as the principal place of residence.
(b) "Camping unit" means an area intended and used for:
(i) Overnight camping or picnicking by the public containing at least a fireplace, picnic table and access to water and sanitary facilities; or
(ii) A permanent home or condominium unit or mobile home not qualifying as a "residential unit" because of part time occupancy.
(c) "Resident game fish" means game fish as described in the Washington game code that spend their life cycle in fresh water. Steelhead, searun cutthroat and Dolly Varden trout are anadromous game fish and should not be confused with resident game fish.
(d) "Public accommodation facility" means a business establishment open to and licensed to serve the public, such as a restaurant, tavern, motel or hotel.
(e) "Natural waters" only excludes water conveyance systems which are artificially constructed and actively maintained for irrigation.
(f) "Seasonal low flow" and "seasonal low water" mean the conditions of the 7-day, 2-year low water situation, as measured or estimated by accepted hydrologic techniques recognized by the department.
(g) "Channel width and gradient" means a measurement over a representative section of at least 500 linear feet with at least 10 evenly spaced measurement points along the normal stream channel but excluding unusually wide areas of negligible gradient such as marshy or swampy areas, beaver ponds and impoundments. Channel gradient may be determined utilizing stream profiles plotted from United States geological survey topographic maps.
(h) "Intermittent streams" means those segments of streams that normally go dry.
[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-16-030, filed 12/3/97, effective 1/3/98. Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-16-030, filed 12/20/93, effective 1/1/94. Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW. 92-15-011, § 222-16-030, filed 7/2/92, effective 8/2/92. Statutory Authority: RCW 76.09.040. 87-23-036 (Order 535), § 222-16-030, filed 11/16/87, effective 1/1/88; Order 263, § 222-16-030, filed 6/16/76.]
*The department in
cooperation with the departments of fish and wildlife, and
ecology, and affected Indian tribes shall classify wetlands. The
wetlands will be classified in order to distinguish those which
require wetland management zones and those which do not. Wetlands which require wetland management zones shall be
identified using the following criteria. ((Accurate delineation
of wetlands in accordance with the manual shall be required only
where necessary to determine whether replacement by substitution
or enhancement is required pursuant to WAC 222-24-025(10) and
shall be limited to the area of wetland proposed to be filled. For the purposes of determining acreage to classify or type
wetlands under this section, approximate determination using
aerial photographs and maps, including the national wetlands
inventory, shall be sufficient. In addition, the innermost
boundary of the wetland management zone on Type A or B wetlands
may be determined by either of two methods: Delineation of the
wetland edge, or identifying the point where the crown cover
changes from less than 30% to 30% or more. Except where
necessary to determine whether replacement by substitution or
enhancement is required pursuant to WAC 222-24-025(10), accurate
delineation shall not be required under this Title 222 WAC for
activities regulated by these rules, including but not limited to
the location of roads, landings, culverts, and cross drains. Landowners are encouraged to leave vegetation in these forested
wetlands in undisturbed leave areas where possible. When so
requested by any affected landowners, applicant or aggrieved
person, the department shall make available informal conferences,
which shall include the departments of fish and wildlife, and
ecology, and affected Indian tribes and those contesting the
adopted wetland types. These conferences shall be established
under procedures established in WAC 222-46-020.))
*(1) "Nonforested wetlands" means any wetland or portion thereof that has, or if the trees were mature would have, a crown closure of less than 30 percent.
(a) "Type A Wetland" classification shall be applied to all nonforested wetlands which:
(i) Are greater than 0.5 acre in size, including any acreage of open water where the water is completely surrounded by the wetland; and
(ii) Are associated with at least 0.5 acre of ponded or standing open water. The open water must be present on the site for at least 7 consecutive days between April 1 and October 1 to be considered for the purposes of these rules; or
(b) "Type B Wetland" classification shall be applied to all other nonforested wetlands greater than 0.25 acre.
*(2) "Forested wetland" means any wetland or portion thereof that has, or if the trees were mature would have, a crown closure of 30 percent or more.
*(3) "All forested and nonforested bogs" greater than 0.25 acres shall be considered Type A Wetlands.
*(4) For the purposes of determining acreage to classify or type wetlands under this section, approximate determination using aerial photographs and maps, including the national wetlands inventory, shall be sufficient. In addition, the innermost boundary of the wetland management zone on Type A or B Wetlands may be determined by either of two methods: Delineation of the wetland edge, or identifying the point where the crown cover changes from less than 30 percent to 30 percent or more.
*(5) Landowners are encouraged to leave vegetation in these forested wetlands in undisturbed leave areas where possible.
*(6) When so requested by any affected landowners, applicant or aggrieved person, the department shall make available informal conferences, which shall include the departments of fish and wildlife, and ecology, and affected Indian tribes and those contesting the adopted wetland types. These conferences shall be established under procedures established in WAC 222-46-020.
[Statutory Authority: RCW 76.09.040 and chapter 34.05 RCW. 97-24-091, § 222-16-035, filed 12/3/97, effective 1/3/98; 94-17-033, § 222-16-035, filed 8/10/94, effective 8/13/94. Statutory Authority: RCW 76.09.040, 76.09.170 and chapter 34.05 RCW. 94-01-134, § 222-16-035, filed 12/20/93, effective 1/1/94. Statutory Authority: RCW 76.09.040, 76.09.050 and chapter 34.05 RCW. 92-15-011, § 222-16-035, filed 7/2/92, effective 8/2/92.]
Accurate delineation of wetlands is required in connection with any forest practices application where the proposed activities relate to timber harvest or road construction.
*(1) Landowners must map all fores