Title 11
FOREST PRACTICES
Chapters:
11.04 Forest Practices Moratorium
11.05 Forest Practice Approvals
Chapter 11.04
FOREST PRACTICES MORATORIUM
Sections:
11.04.010 Purpose.
11.04.020 Short title.
11.04.030 Definitions.
11.04.040 Establishment of the moratorium.
11.04.050 Preparation of moratorium notices.
11.04.060 Recording of moratorium notices.
11.04.070 Administration of the moratorium.
11.04.080 Moratorium waiver.
11.04.090 Waiver– Authority.
11.04.100 Waiver– Process.
11.04.110 Waiver– Permits which may be issued.
11.04.120 Moratorium removal.
11.04.130 Moratorium removal– Authority.
11.04.140 Moratorium removal– Process.
11.04.150 Moratorium removal– Permits which may be issued.
11.04.160 Other forest practice applications– Moratorium.
11.04.170 Other forest lands– Moratorium.
11.04.010 Purpose.
As of July 27, 1997, all property on which a Class II, III or IV special forest practice approval has been issued (per RCW 76.09), or where the timber harvesting takes place without an application, are subject to a six year moratorium on development approvals. Mason County is required to deny all development permits, including building permits and subdivision applications, on these properties. This is required by state law, RCW 76.09.060. However, the state law also provides for the county to adopt a process by which the moratorium can be waived or removed. This chapter provides a waiver process by which the applicant may obtain the necessary permits to build a single-family home and/or outbuildings on an existing lot during the six-year moratorium. The chapter also provides a moratorium removal process by which an applicant may have the six-year moratorium on development removed, although conditions may be placed on that removal. This chapter also provides for the review of the forest practices prior to the July 27, 1997 consistent with the statute which was in place at that time.
(Ord. 108-98 Att. C § 1 (part), 1998).
11.04.020 Short title.
This chapter may be referred to as the Forest Practices Moratorium Ordinance.
(Ord. 108-98 Att. C § 1 (part), 1998).
11.04.030 Definitions.
As used in this chapter:
"Applicant" means the person, party, firm, corporation or legal entity, or agent thereof, that requests a waiver or removal of the moratorium.
"Board" means the legislative authority of Mason County, the board of county commissioners.
"Comprehensive plan" means the current comprehensive plan of Mason County approved by the board pursuant to state law.
"Conversion" means removal of trees with the intent or effect of conversion to an actual use or condition that is incompatible with the growing of timber. Land which has been cleared is considered to be converted.
"County" means Mason County, Washington.
"Critical areas" means the critical area designated by the Mason County Resource Ordinance, #77-93, as amended. Specifically, this includes: wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, landslide hazard areas, seismic hazard areas, and erosion hazard areas.
"Development code" means the Mason County development code, Resolution No. 136-96, as amended.
"Development permit" or "development permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, septic system permits, well permits, binding site plans, conditional uses, short plat or large lot subdivisions, special use permits, shoreline substantial development permits, site plan review, and site-specific rezones.
Director. When not otherwise identified, the "director" shall be the director of the Mason County department of community development.
"DNR" means the Washington State Department of Natural Resources.
"Forest practice application" means the application required to be submitted to the Washington State Department of Natural Resources (DNR) for the harvest of forest products.
"Hearing examiner" means that individual hired by Mason County to review and make decisions on Type III permits and hear appeals of decisions or determinations made under certain titles of the Mason County Code.
"Moratorium notice" means the form prepared by the Department of Natural Resources and required to be submitted with a forest practice application/notification for a non-conversion forest practice and required to be filed with the county assessor's office as provided in RCW 76.09.060.
"Non-forestry use" is an active use of land which is incompatible with timber growing.
"Review authority" means the director of community development, director of health services, the fire marshal, and the building official, depending on the responsibility as determined by the respective codes, ordinances, and regulations.
"Shorelines" means the shorelines of statewide significance per the Mason County shoreline master program and aquatic management areas per the IRO.
"Timber harvest" or "harvest" means the activity pertaining to the cutting and/or removal of forest product which is subject to the moratorium provisions of Chapter 76.09 RCW.
"Vegetation area" means as defined in the Mason County Interim Resource Ordinance.
(Ord. 53-04 Attach. B (part), 2004; Ord. 108-98 Att. C § 1 (part), 1998).
11.04.040 Establishment of the moratorium.
Mason County shall deny any applications to the county for development permits, including building permits, septic permits, and subdivision approvals, relating to the non-forestry uses of the land subject to a moratorium established by Chapter 76.09 RCW, unless the moratorium has been removed or waived by the county as provided in this chapter. Where timber harvest is pursuant to a forest practice permit approval, the land subject to the moratorium shall be that area which is the site of the timber harvest as shown on the forest practice application. Where the timber harvest has been done without an approved application, then the land subject to the moratorium shall be the area harvested including small unharvested islands which would normally be mapped as part of the harvest unit on a submitted permit. The applicant shall be responsible for determining that area by a survey submitted with any application.
(Ord. 108-98 Att. C § 1 (part), 1998).
11.04.050 Preparation of moratorium notices.
Prior to submitting the moratorium notice required by the DNR for non-conversion forest practices to that agency, the landowner may consult with the county and the county shall review the information on the moratorium notice with respect to the ownership, assessor's property tax parcel number for the property involved, and the legal description for the portion of the site to be cut.
(Ord. 108-98 Att. C § 1 (part), 1998).
11.04.060 Recording of moratorium notices.
The director of the department of community development or his designee shall file with the Mason County auditor the moratorium notice after the receipt of said notice from the DNR.
(Ord. 108-98 Att. C § 1 (part), 1998).
11.04.070 Administration of the moratorium.
The director of the department of community development shall have the authority to determine that an application is subject to the moratorium, and the application shall be denied by the review authority at that time. Such an administrative determination may be appealed to the Mason County hearing examiner pursuant to the procedures and requirements contained in the Mason County development code.
(Ord. 53-04 Attach. B (part), 2004; Ord. 108-98 Att. C § 1 (part), 1998).
11.04.080 Moratorium waiver.
The county may waive the moratorium for some types of development permits and approvals, as provided in this chapter. The moratorium may only be waived for the purposes of constructing a single-family residence or outbuildings, or both, on a legal lot and building site.
(Ord. 108-98 Att. C § 1 (part), 1998).
11.04.090 Waiver– Authority.
The director of the department of community development shall have the authority to approve, approve with conditions, or deny a request for a waiver of the moratorium, pursuant to the procedures and requirements of this chapter.
(Ord. 53-04 Attach. B (part), 2004; Ord. 108-98 Att. C § 1 (part), 1998).
11.04.100 Waiver– Process.
(a) The request will be made to the department of community development on the application form provided by that department and accompanied by a completed county environmental checklist and any established fees.
(b) The application shall be reviewed as a Type II, administrative decision with notice, as provided for in the Mason County Title 15 Development Code.
(c) Standards for waiving the moratorium:
(1) The development area shall be no larger than two acres in size.
(2) The harvest and reforestation of the property shall be completed as specified in the approved forest practices application/notice. That portion of property subject to the waiver application shall be excepted from reforestation.
(3) There shall be no damage to a critical area or its associated vegetation area nor to the shoreline area or that any damage to those areas is repairable with restoration.
(4) The proposed development shall be consistent with the county comprehensive plan and development regulations.
(5) Mitigation shall be required for impacts to critical areas, stormwater, and shorelines. Other mitigation shall be required to prevent significant adverse environmental impacts, pursuant to M.C.C. Chapter 8.04 to 8.40.
(Ord. 53-04 Attach. B (part), 2004; Ord. 108-98 Att. C § 1 (part), 1998).
11.04.110 Waiver– Permits which may be issued.
(a) Permits which may be allowed under the moratorium waiver:
(1) Building permits for the single-family residence and for residential outbuildings;
(2) Single-family on-site septic system permit;
(3) Road access permits;
(4) Earth modification permits;
(5) Shoreline master program approvals;
(6) Well or potable water permits;
(7) Other approvals necessary the development of a single-family residence and outbuildings.
(b) Any permits issued under the waiver shall be conditioned, as necessary, to limit the approval to only that development consistent with the intent of this section and necessary for the establishment of a single-family dwelling or outbuildings, or both.
(Ord. 108-98 Att. C § 1 (part), 1998).
11.04.120 Moratorium removal.
The county may remove the moratorium on the property as provided in this chapter.
(Ord. 108-98 Att. C § 1 (part), 1998).
11.04.130 Moratorium removal– Authority.
The director of the department of community development shall have the authority to remove the moratorium upon the request of the property owner only when an approved forest practices application has been either withdrawn or expired, and no harvest in reliance upon such approval has taken place. In other requests by the property owner for removal of the moratorium, the hearing examiner shall have the authority to approve, approve with conditions, or deny a request for a removal of the moratorium, pursuant to the procedures and requirements of this chapter.
(Ord. 53-04 Attach. B (part), 2004; Ord. 108-98 Att. C § 1 (part), 1998).
11.04.140 Moratorium removal– Process.
(a) The request will be made to the department of community development on the application form provided by that department and accompanied with any established fees.
(b) The application shall be reviewed as a Type III, quasi-judicial decision, as provided for in the county development code.
(c) Standards and findings required for removing the moratorium:
(1) The person requesting the removal did not attempt to avoid the county review or restrictions of a conversion forest practices applications.
(2) The harvest and reforestation of the property shall be completed as specified in the approved forest practices application/notice.
(3) There shall be no damage to a critical area or its associated vegetation area nor to the shoreline area or that any damage to those areas is repairable with restoration.
(4) The proposed development shall be consistent with the county plan and development regulations.
(5) Mitigation shall be required for impacts to critical areas, stormwater, and shorelines. Other mitigation shall be required to prevent significant adverse environmental impacts, pursuant to county Ordinance No. 55-97, the Environmental Policy Ordinance.
(d) Where the timber harvesting takes place without an approved forest practice application (per RCW 76.09), removal of the moratorium shall meet the standards and findings required in subsection C of this section, and shall have the additional condition that no permits will be issued for a period of one year to assure that the mitigation measures have been implemented and are successful, unless the applicant posts a bond one and one-half times the estimated amount adequate to cover the costs for the county to do the entire mitigation. If a bond is posted with the county to assure that the mitigation will be done and at the end of one year the mitigation has not been fully completed, the money from the bond shall be used by the county to complete the mitigation.
(Ord. 108-98 Att. C § 1 (part), 1998).
11.04.150 Moratorium removal– Permits which may be issued.
Once a moratorium has been removed, any development permit or approval may be issued by the county according to the relevant Mason County Code, ordinances or regulations, provided that such approvals may be conditioned based on any conditions established in the moratorium removal.
(Ord. 108-98 Att. C § 1 (part), 1998).
11.04.160 Other forest practice applications– Moratorium.
Except for lands subject to Class IV general forest practices, all lands subject to forest practice approvals issued by DNR which are not subject to the automatic six-year moratorium on development established in Chapter 76.09 RCW, effective July 27, 1997, shall be subject to a moratorium as provided in this chapter for six years from the date of the approval of the application, provided that, for these lands, the director shall have the authority to remove the moratorium upon the application and payment of fees by the property owner. The director shall remove the moratorium as provided in this section only if it shown that adverse impacts to the environment have been restored or adequate mitigation has been provided for those impacts.
(Ord. 108-98 Att. C § 1 (part), 1998).
11.04.170 Other forest lands– Moratorium.
Lands on which the owner or operator failed to obtain an approved forest practice application from DNR, the DNR has determined that such an application was required, and the discovery of said action by the DNR or the county occurred prior to July 27, 1997, shall be subject to a moratorium as provided in this chapter for six years from the date of the discovery by the DNR or by the county, provided that, for these lands, the director shall have the authority to remove the moratorium upon the application and payment of fees by the property owner. The director shall remove the moratorium as provided in this section only if it is shown that adverse impacts to the environment have been restored or adequate mitigation has been provided for those impacts.
(Ord. 108-98 Att. C § 1 (part), 1998).
Chapter 11.05 Sections:
11.05.010 Title.
11.05.020 Purpose.
11.05.030 Applicability.
11.05.040 Relationship to RCW 76.09.
11.05.050 Reconsideration and appeals.
11.05.060 Notification.
11.05.070 Fees.
11.05.080 Exemptions.
11.05.090 Forest chemicals.
11.05.100 Class IV– General forest practices.
11.05.110 Class I forest practices.
11.05.120 Additional requirements applicable to all applications.
11.05.130 Modifications.
11.05.140 Time limitations.
11.05.150 Compliance.
11.05.160 Liability of the county.
11.05.170 Severability.
11.05.010 Title.
These regulations codified under this chapter shall be known as the "Mason County Forest Practices Conversion Ordinance."
(Ord. 129-05 (part), 2005).
11.05.020 Purpose.
This chapter establishes the minimum standards and requirements associated with local government review and jurisdiction over Class IV general forest practices in accordance with RCW 76.09 (Washington State Forest Practices Act.)
(Ord. 129-05 (part), 2005).
11.05.030 Applicability.
This chapter applies to all lands within unincorporated Mason County. Requirements of this chapter must be met before Mason County shall grant any approval or permission to alter the condition of any land or vegetation or to construct any structure or improvement regulated through the following: building permit, commercial or residential; binding site plan; site development permit; use permit; planned development district approval; subdivision; large lot division; short subdivision; forest practice approval pursuant to RCW 76.09; or any subsequently adopted permit or required approval not expressly exempted by this chapter.
(Ord. 129-05 (part), 2005).
11.05.040 Relationship to RCW 76.09.
(a) This chapter is directly related to specific subsections in RCW 76.09 and its rules that refer to some Class I and all Class IV forest practices. The application of this chapter to forest practice activities regulated by RCW 76.09 shall be limited to:
(1) Class IV– General forest practices;
(2) Class IV– Special conversion forest practices.
(b) This chapter establishes the minimum standards necessary for local review and approval of Class IV– General forest practices and Class IV– Special conversion forest practices.
(Ord. 129-05 (part), 2005).
11.05.050 Reconsideration and appeals.
Procedures for appeal of any administrative decision and procedures for reconsideration or appeal of an administrative decision issued pursuant to this chapter are set forth in Title 15, Section 15.11.010.
(Ord. 129-05 (part), 2005).
11.05.060 Notification.
(a) Notice to Parks. Mason County shall send to the affected agency a copy of any notification or application for forest practices within five hundred feet of the boundary of any park entity registered according to subsection (b) of this section at least fourteen days prior to approval by the Mason County department of community development.
(b) Parks Register. Mason County shall establish and update every five years a parks register listing all publicly owned parks where the affected owner has filed a written request with the department for inclusion on such register. Mason County shall notify owners of all public parks inventoried on the state comprehensive outdoor recreation plan (SCORP) of the opportunity to register.
(c) Information to DAHP. Mason County shall provide the Washington Department of Archaeology and Historic Preservation (DAHP) with copies of all applications and notifications for forest practices to be conducted on lands known to contain historic sites or archaeological resources as identified by DAHP.
(d) Indian Tribes.
(1) Mason County shall notify affected Indian tribes of all applications of concern to such tribes, including those involving cultural resources, identified by the tribes.
(2) Where an application involves cultural resources the landowner shall meet with the affected tribe(s) with the objective of agreeing on a plan for protecting the archaeological or cultural value. Mason County may condition the application in accordance with the plan.
(3) Affected Indian tribes shall determine whether plans for protection of cultural resources will be forwarded to the Washington Department of Archaeological and Historic Preservation (DAHP).
(Ord. 129-05 (part), 2005).
11.05.070 Fees.
Fees for applications filed pursuant to this chapter are set forth as follows:
Additional fees associated with special studies and reports as outlined in Mason County Code, Section 1.10.020 may be required.
FOREST PRACTICE APPROVALS
| Application fee without SEPA review | $300.00 |
| Application fee requiring SEPA review | 200.00* |
* Fees for SEPA review are in addition to this application fee.
(Ord. 129-05 (part), 2005).
11.05.080 Exemptions.
The following activities are exempted from the provisions of this chapter:
(1) Class IV– Special forest practices in a UGA where the landowner submits a ten-year statement of nonconversion to the department of natural resources (reforestation agreement) together with either an acceptable ten-year forest management plan or proof that the land is currently enrolled in Current Use Assessment-Timber Lands, under the provisions of RCW 84.33;
(2) Class IV– Special forest practices located outside UGAs, are permitted or approved by the department of natural resources.
(Ord. 129-05 (part), 2005).
11.05.090 Forest chemicals.
(a) Chemicals Perform Important Functions in Forest Management. The purpose of this section is to regulate the handling, storage and application of chemicals in such a way that the public health, lands, fish, wildlife, aquatic habitat, wetland and riparian management zone vegetation will not be significantly damaged, and water quality will not be endangered by contamination. This section in no way modifies the state department of agriculture regulations governing chemicals.
(b) Mason County intends to implement best management practices designed to eliminate the direct entry of pesticides to water. Best management also includes minimizing the entry of forest chemicals into channel migration zones, wetland management zones, sensitive sites, or the core or inner zones of riparian management zones and buffers on Types 1 through 5 Waters. Significant damage for purposes of this section includes any damage that would inhibit or preclude the existing vegetation from protecting public resources.
(c) All applications for use of chemicals are subject to the provisions of the State Environmental Policy Act (SEPA) and shall be reviewed in accordance with the policies and procedures contained in Mason County Code, Title 8, Environmental Policy.
(Ord. 129-05 (part), 2005).
11.05.100 Class IV– General forest practices.
(a) State and Local Approval. Until such time as transfer of jurisdiction for Class IV– General forest practices occurs pursuant to RCW 76.09.240, the department of natural resources is the permitting agency for Class IV– General forest practice permits. Pursuant to this RCW, Mason County is designated lead agency for compliance with the State Environmental Policy Act. Mason County is also permitted to exercise any:
(1) Land use planning or zoning provided that exercise of such authority may regulate forest practices only:
(A) Where the application submitted under RCW 76.09.060 as now or hereafter amended indicates that the lands have been or will be converted to a use other than commercial forest product production,
(B) On lands which have been platted after January 1, 1960, as provided in Chapter 58.17 RCW;
(2) Taxing powers;
(3) Regulatory authority with respect to public health; and
(4) Authority granted by Chapter 90.58 RCW, the "Shoreline Management Act of 1971."
provided that the land use planning or zoning authority regulations shall not be inconsistent with the forest practice regulations enacted under RCW 76.09. Prior to conducting any forest practices defined as Class IV– General (including Class IV– General forest practices that are reclassified to Class IV– Special), an approved forest practices permit, that includes Mason County's approval conditions and threshold determination, shall be obtained from the Mason County department of community development.
(b) Class IV– Special. A Class IV general application for conversion determined to have potential for a substantial impact on the environment shall be reclassified as a Class IV– Special application. Except as provided in WAC 222-16-051, applications to conduct forest practices involving those listed in WAC 222-16-050 require an environmental checklist in compliance with the State Environmental Policy Act (SEPA), and SEPA guidelines, as they have been determined to have potential for a substantial impact on the environment. These Class IV– Special applications are listed in WAC 222-16-050 and may include:
(1) Lands designated as critical habitat (state) of threatened or endangered species;
(2) Potentially unstable slopes or landforms;
(3) Filling or draining of more than 0.5 acre of a wetland;
(4) On all lands within the boundaries of any national park, state park, or any park of a local governmental entity.
It may be determined that additional information or a detailed environmental statement is required before these forest practices may be conducted.
(c) Application Filing. Applications for Class IV– General approvals shall be reviewed for completeness in accordance with Mason County's submittal standards checklist and pursuant to Mason County's development standards.
(d) General Requirements.
(1) An application for a Class IV– General approval shall be submitted concurrent with an application for a site development permit, if one is required, and prior to conducting forest practices on the project site.
(2) A Class IV– General approval will not be issued until any pending development permit applications that are associated with the site have been approved.
(3) Class IV– General forest practices shall comply with any conditions of approval established through the associated development permit or approval.
(e) Required Findings. A Class IV– General approval may be issued by the Mason County department of community development only if all of the following findings can be made regarding the proposal and are supported by the record:
(1) The granting of the proposed Class IV– General approval will not be detrimental to the public health, safety and general welfare;
(2) The granting of the proposed Class IV– General approval will not be injurious to the property or improvements adjacent to and in the vicinity of the proposal;
(3) The granting of the proposed Class IV– General approval will not result in significant adverse environmental impacts;
(4) The granting of the proposed Class IV– General approval is consistent with the general requirements set forth in subsection (c) of this section;
(5) The granting of the proposed Class IV– General approval is consistent and compatible with the goals, objectives, and policies of the comprehensive plan, appropriate community plan, and the provisions of this chapter.
(f) Burden of Proof. The applicant has the burden of proving that the forest practices comply with the provisions of this chapter.
(g) Approval Authority.
(1) The Mason County department of community development shall review all requests for approvals, any comments received and applicable county regulations or policies, and may inspect the property prior to rendering a decision.
(2) The department of community development may approve an application, approve the application with conditions, require modification of the proposal to comply with specified requirements or local conditions, or deny the application if it fails to comply with requirements of this chapter.
(Ord. 129-05 (part), 2005).
11.05.110 Class I forest practices.
(a) Class I forest practices that result in the cutting and/or removal of less than five thousand board feet of timber for personal use (e.g., firewood, fence posts, etc.) in any twelve-month period, the culture and harvest of Christmas trees and seedlings, and/or emergency fire control or suppression shall not be required to obtain any forest practices approval from Mason County. Although a forest practices approval is not required, the following requirements shall be met:
(1) Class I forest practices, including the removal of diseased or dangerous trees, proposed within a wetland, stream, landslide hazard area, fish and wildlife area, or other critical area and associated buffer regulated pursuant to Mason County's critical areas ordinance, shall comply with all applicable requirements of that ordinance.
(Ord. 129-05 (part), 2005).
11.05.120 Additional requirements applicable to all applications.
(a) Site Plans. All Class IV– General applications submitted pursuant to this chapter shall include a site plan containing the following information, if applicable:
(1) Harvest boundaries and tree retention areas;
(2) The approximate location of any structures;
(3) The location of all existing and proposed streets, rights-of-way, easements, skid roads, haul roads, and landings within the proposal;
(4) The location of future land development including stormwater management facilities, and vegetation to be retained for site landscaping, open space, wildlife habitat, screening and/or buffers;
(5) Site topography at a contour interval of forty feet;
(6) Critical areas and critical area buffers regulated pursuant to the critical areas ordinance;
(7) Drainage ways and culverts;
(8) Site area targeted for further harvest including proposed timing; and
(9) North seeking arrow and scale shall be shown on all site plans. The scale shall be no smaller than one inch to two hundred feet.
(b) Field Marking of Site Features. At the time of submittal of any application required pursuant to this chapter, the following features shall be clearly marked at the site with flagging or colored paint by the applicant:
(1) Critical areas and critical area buffers regulated pursuant to critical areas ordinance;
(2) Centerline of all proposed roads;
(3) Landing areas;
(4) Tree retention areas; and
(5) Cutting boundaries.
(Ord. 129-05 (part), 2005).
11.05.130 Modifications.
A one-time modification to any application submitted pursuant to this chapter may be permitted administratively provided the proposed modification is minor in nature and does not enlarge the area approved to be harvested or increase the volume of timber approved to be harvested by more than ten percent or result in forest practices occurring within a critical area, critical area buffer or tree retention area. Any modification exceeding these thresholds shall require a new application and associated fees.
(Ord. 129-05 (part), 2005).
11.05.140 Time limitations.
(a) Expiration of Approvals.
(1) A Class IV– General approval shall be valid for two consecutive years following the date of issuance unless a longer time period has been established through an associated approval (e.g., preliminary plat approval, conditional use permit, etc.) in which case the time limits applicable to the associated approval shall apply.
(2) A time extension of a Type II development permit by the department of community development or a Type III development permit by the hearing examiner shall extend any associated Class IV– General approval.
(Ord. 129-05 (part), 2005).
11.05.150 Compliance.
The regulations for compliance with the provisions of this chapter are set forth in Chapter 15.13 (Enforcement) of this code.
(Ord. 129-05 (part), 2005).
11.05.160 Liability of the county.
Nothing in this chapter shall be deemed to impose any liability upon the county or upon any of its officers or employees, or to relieve the owner or occupant of any private property from the duty to keep in safe and healthy condition the trees upon his property.
(Ord. 129-05 (part), 2005).
11.05.170 Severability.
If any provision of this chapter is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected.
(Ord. 129-05 (part), 2005).