GENERAL ADMINISTRATION
Chapter 17.114
FOREST PRACTICES
DEVELOPMENT MORATORIA*
Sections:
17.114.010 Authority.
17.114.020 Interpretation and conflict.
17.114.030 Purpose.
17.114.040 Definitions.
17.114.050 Exemptions.
17.114.060 Administration.
17.114.070 Development moratoria.
17.114.080 Request for removal of development moratoria.
17.114.090 Request for single-family dwelling exception.
17.114.100 Fees.
17.114.110 Reconsideration and appeals.
*[Note: Ord. 1195 repealed this chapter as to forest practices development moratoria approved by the county after July 22, 2007, the effective date of RCW 76.09.240. Moratoria approved prior to this date are grandfathered and subject to this chapter.]
17.114.010 Authority.
This chapter was established pursuant to Chapter 76.09 RCW. [Ord. 1195 § 2, 2007]
17.114.020 Interpretation and conflict.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for development regulation. In the event that forest practices regulated lands are overlaid by shoreline management jurisdiction, Endangered Species Act jurisdiction, or any other local state or federal regulation, the most restrictive regulations shall apply. [Ord. 1195 § 2, 2007]
17.114.030 Purpose.
As of July 27, 1997, all property on which a Class II, III or IV special forest practice approval has been issued (per Chapter 76.09 RCW), or where the timber harvesting takes place with an application, are subject to a six-year moratorium on development approvals. Lewis 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. [Ord. 1195 § 2, 2007]
17.114.040 Definitions.
(1) In addition to the following definitions, this chapter shall rely upon existing definitions contained within the Washington State Forest Practices Act (Chapter 76.09 RCW), Rules for the Washington State Forest Practices Act (Chapter 222-16 WAC), and Chapters 17.05 and 17.10 LCC.
(2) In the event of a conflict between the definitions provided in RCW, WAC or other LCC sections and the definitions provided in this section, the definitions in this section shall govern.
(a) “Administrator” means the director of the community development department of his/her designee.
(b) “Applicant” means the person, party, firm, corporation, legal entity, or agent thereof that proposes forest practices on property in Lewis County for the property owner.
(c) “Christmas trees” means any evergreen trees or the top thereof, commonly known as Christmas trees, with limbs and branches, with or without roots, including fir, pine, spruce, cedar, and other coniferous species. (RCW 76.48.020(1))
(d) “Classes of forest practices” means the four classifications of forest practices activities described in WAC 222-16-050. The class of forest practices is determined by considering several factors including but not limited to the type of activity proposed (e.g., harvesting, thinning, etc.), its scale, the affected environment, and the future use of the site. The description of the classes of forest practices paraphrased below are intended to summarize the classifications and do not supersede the specific definitions described in Chapter 222-16 WAC and Chapter 76.09 RCW:
(i) Class I are those minor forest practices that have no direct potential for damaging a public resource. Examples of Class I forest practices include timber harvests on parcels where contiguous ownership is less than two acres in size that are not within a shoreline designation or UGA, and none of the operation takes place within the riparian management zone of a Type 2 or 3 Water, or within the ordinary high water mark of a Type 4 Water or flowing Type 5 Water (see Chapter 222-16 WAC for definitions of water types); the culture and harvest of Christmas trees and seedlings; tree planting and seeding; and cutting and/or removal of less than 5,000 board feet of timber for personal use (e.g., firewood, fence post, etc.) in any consecutive 12-month period. Class I forest practices do not require approval of a permit by DNR.
(ii) Class II are those forest practices which have less than an ordinary potential for damaging a public resource. Examples of Class II forest practices include the construction of advance fire trails; timber harvests of less than 40 acres; and the partial cutting of 40 percent or less of the live timber volume on a site. Class II forest practices require notification to DNR prior to being conducted; they do not require an application. Property logged pursuant to a Class II permit must be reforested and is intended to remain in timber production.
(iii) Class III are those forest practices not listed under Class I, II, and IV. Class III forest practices require permit approval by the DNR. Property logged pursuant to a Class III permit must be reforested and is intended to remain in timber production.
(iv) Class IV forest practices are divided into two categories as follows:
(A) Class IV-General are those forest practices occurring on lands within UGAs; lands platted after January 1, 1960, or on lands which are being converted to a use other than commercial timber production. Examples of Class IV-General forest practices include harvest of timber and conversion of land to residential or commercial uses. Reforestation is not required under a Class IV-General forest practices permit as the property subject to the permit is being converted to a nonforestry use. All Class IV-General forest practices are considered conversion forest practices.
(B) Class IV-Special are those forest practices which have the potential to result in a substantial impact to the environment. Examples of Class IV-Special forest practices include forest practices conducted on lands designated as critical wildlife habitat for threatened or endangered wildlife species; timber harvest in national, state or local parks; and forest practices involving the filling or draining of more than 0.5 acres of wetland. Class IV-Special forest practices include two subcategories: conversion and nonconversion. Class IV-Special conversion forest practices include those practices which result in the conversion of timberland to a non-forestry use, such as residential, commercial or industrial. Class IV-Special nonconversion forest practices include those practices that will result in uses of the property consistent with timber growing.
(e) “Comprehensive plan” means the current comprehensive plan for Lewis County.
(f) “County” means Lewis County.
(g) “Critical areas” means wetlands, flood hazard areas, fish and wildlife habitat areas, aquifer recharge areas, and geologically hazardous areas as regulated under Chapter 17.35 LCC.
(h) “Department” means the Lewis County community development department.
(i) “Development” means any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivision, short subdivision, and large lot subdivisions; binding site plans; planned unit developments; variances; shoreline substantial development; clearing activity; excavation and grading; embankment; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval.
(j) “Diseased tree” shall mean a tree that in the opinion of the department or an expert approved by Lewis County (such as but not limited to an experienced forester or landscape architect) has a strong likelihood of infecting other trees or brush in the area or becoming dangerous as a result of the disease.
(k) “Forest land” as defined in the Washington State Forest Practice Act means all land which is capable of supporting a merchantable stand of timber and is not actively used for a use which is incompatible with timber growing.
(l) “Forest practice” means any activity conducted on or directly pertaining to forest land and relating to the growing, harvesting, or processing of 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.
(m) “Forest practices application or notification” means the application or notification required to be submitted to the Washington State Department of Natural Resources or Lewis County for the conduct of forest practices.
(n) “Hazard tree” means any tree that is susceptible to immediate fall due to its condition (damaged, diseased, or dead) or other factors, and which because of its location is at risk of damaging permanent physical improvements to property or causing personal injury.
(o) “Hearing examiner” means the Lewis County hearing examiner as established by Chapter 2.25 LCC.
(p) “Nonconversion” means any Class II, Class III, or Class IV-Special Forest Practice as defined by WAC 222-16-050 where land is being retained for uses consistent with timber growing. Examples include but are not limited to the cutting and removal of trees and the replanting for commercial forest production.
(q) “Nonforestry use” means an active use of land which is incompatible with timber growing.
(r) “Owner” means any person or persons having a legal or equitable property right or interest, whether they may be legal or equitable in character, including a fee owner, contract purchaser or seller, mortgagor or mortgagee, option or optionee, and beneficiary or grantor of a trust and deed of trust.
(s) “Professional forester” means a person with a college degree in forestry or the equivalent in post-secondary education and work experience in forestry. This may include arborists certified by the International Society of Arboriculture, foresters with a degree in forestry from a SAF accredited forestry school, or urban foresters with a degree in urban forestry. [Ord. 1195 § 2, 2007]
17.114.050 Exemptions.
(1) The following activities are exempted from the provisions of this chapter:
(a) Class I forest practices located outside of UGAs are exempt unless:
(i) It involves a conversion to a nonforestry use; or
(ii) It occurs on lands platted after January 1, 1960.
(b) Class I forest practices located within UGAs that do not involve road construction or timber harvesting.
(c) Forest practices on lands in a UGA where the landowner submits a 10-year statement of nonconversion to the Department of Natural Resources (reforestation agreement) together with either an acceptable 10-year forest management plan or proof that the land is currently enrolled in current use assessment-timber lands, under the provisions of Chapter 84.33 RCW.
(d) The division of land into lots, each of which is one thirty-second of a section of land or larger, or 20 acres or larger; provided, the proposed division meets the minimum lot size or density requirements in LCC Title 17.
(e) Repair or remodeling within the existing footprint of existing structures.
(f) Reconstruction of a structure damaged or destroyed due to fire, explosion, wind, flood, earthquake, or other similar calamity.
(g) Hazard Tree Removal:
(i) Tree cutting shall be authorized only when it is demonstrated to the satisfaction of the department that an imminent threat exists to public health or safety, or the safety of private or public property. In these cases, the landowner shall be required to submit a report from a registered landscape architect, professional forester, or other expert approved by Lewis County which demonstrates that an imminent threat exists and the specific actions which must occur to abate the threat.
(ii) Tree cutting shall be limited to the topping or trimming of trees, unless total removal is justified by the landowner’s expert. All vegetation removed (tree stems, branches, tops, etc.) shall remain within the open space or buffer area. [Ord. 1195 § 2, 2007]
17.114.060 Administration.
(1) Approvals Required. An approval pursuant to this chapter must be obtained from Lewis County for the following:
(a) Request for Removal of Development Moratorium. An approved request for removal of development moratorium shall be required prior to the approval of any development permits by Lewis County for land which is subject to a development moratorium except for the construction of one single-family residence.
(b) Request for Single-Family Dwelling Exception. An approved request for single-family dwelling exception shall be required prior to the construction of a single-family residence or related improvements on land which is subject to a development moratorium.
(2) Application Requirements.
(a) Preliminary review. The provisions for conducting a preliminary review of the completeness of any application filed pursuant to this chapter are set forth in LCC 17.05.045(2).
(b) Application Filing. An application shall be required for all approvals pursuant to this chapter.
(c) Application Site Plan. All applications shall include a site plan of the proposal that includes the following, if applicable:
(i) Drafted at a scale no smaller than one inch to 200 hundred feet with the scale being shown on the drawing;
(ii) Harvest boundaries and tree retention areas;
(iii) North arrow;
(iv) The approximate location of any structures;
(v) The location of all existing and proposed streets, rights-of-way, easements, landings within the proposal;
(vi) 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;
(vii) Critical areas and critical area buffers;
(3) Public Notice Requirements for the Request for Removal of Development Moratoria.
(a) Public notice provisions for notice of application and threshold determination shall be as set forth in LCC 17.110.170.
(b) Notice of Public Hearing. The administrator shall give notices of a public hearing before the hearing examiner as follows:
(i) By arranging for publication of notice of hearing in a newspaper of general circulation within the county not less than 10 days prior to the hearing date.
(ii) Through the U.S. Mail, postmarked at least 10 days prior to the date of the hearing to neighboring property owners within 300 feet of the property for the moratorium removal has been requested.
(4) Review.
(a) Initial Review. The department shall conduct an initial review of any application in accordance with the provisions outlined in LCC 17.05.045.
(b) Any property owner subject to a moratorium may request release from the six-year moratorium concurrently with or prior to an application for a permit for a development proposal. To the extent possible, the request for release should be processed concurrently with the applicable development permit.
(c) Review Responsibilities.
(i) The department is responsible for administration, circulation, review and approval of an application for single-family dwelling exceptions.
(ii) The hearing examiner shall be the decision authority for requests to remove a development moratorium and administrative appeals.
(iii) Other county departments and state agencies, as determined by the department, may review an application and forward their respective recommendations to the administrator or examiner as appropriate.
(d) Compliance with Other Codes. An application filed pursuant to this chapter shall also comply with the following titles of the Lewis County Code, as now existing or hereafter amended:
(i) LCC Title 17, Land Use and Development Regulations;
(ii) LCC Title 16, Subdivisions;
(iii) LCC Title 15, Buildings and Construction;
(iv) The Lewis County comprehensive plan; and
(v) The Lewis County shoreline master program.
(e) Burden or Proof. The applicant has the burden of proving that the proposed application complies with the standards set forth in this chapter.
(f) Denial. The administrator or hearing examiner as applicable shall deny an application that does not meet all of the provisions in this chapter. [Ord. 1195 § 2, 2007]
17.114.070 Development moratoria.
(1) General Requirements.
(a) All development moratoria established pursuant to this chapter shall be mandatory.
(b) Development applications and project construction for any development activity shall be prohibited for a term of six years on a site subject to a moratorium.
(2) Actions That Result in a Development Moratorium. The following actions shall result in a six-year development moratorium being imposed:
(a) The notification by DNR of Class II forest practices.
(b) The approval by DNR of a Class III or IV-Special forest practices permit.
(c) The violation Class IV-General forest practices permit.
(d) Activity that meets the definition of Class II forest practices on a parcel without an approved forest practices notification.
(e) Activity that meets the definition of Class III or IV forest practices on a parcel without an approved forest practices application.
(3) Consequences of a Development Moratorium.
(a) Lewis County shall terminate review of any application for development of land which is found to be subject to a six-year development moratorium.
(b) A new application shall be required for development of the site after the six-year moratorium expires.
(c) Lewis County shall not accept applications for any development of land which is subject to a six-year moratorium; except as provided for in LCC 17.114.060(2).
(d) Per RCW 76.09.060, all development moratoria imposed by Lewis County shall apply to the entire parcel.
(e) Prior to any development permit application, the property owner shall be required to submit a Class IV-General permit application on land that was cleared without a required forest practices application or notification, or in violation of a Class II, Class III, or Class IV-Special permit.
(f) Lewis County shall notify the appropriate state agency if a forest practices activity that meets the definition of a Class II, III, or IV-Special forest practices has been initiated on a parcel without an approved forest practices application or notification.
(4) Effective Date of a Moratorium.
(a) The six-year development moratorium shall be imposed from the effective date of the applicable Class II notification, Class III or Class IV-Special forest practices permit.
(b) If forest practices occur on a site without the appropriate permit, a six-year development moratorium shall be imposed from the date the unpermitted forest practices were documented by Lewis County or DNR.
(c) Where a site is subject to an approved Class II notification, or Class III or IV-Special forest practices permit, forest practices occurring at the site which are outside the scope of the approved permit shall be considered unpermitted forest practices for moratorium purposes. In these cases, a six-year development moratorium shall be imposed from the date the unpermitted forest practices were documented. [Ord. 1195 § 2, 2007]
17.114.080 Request for removal of development moratoria.
(1) Any development moratorium established pursuant to LCC 17.114.070 may be considered for removal by the hearing examiner when the following requirements are met:
(a) Public Hearing Required.
(i) The department shall set a date for public hearing before the examiner after all the requests for additional information or plan correction, as set forth in LCC 17.114.060(3), have been satisfied, and either a determination of nonsignificance or a mitigated determination of nonsignificance (DNS or MDNS) or environmental impact statement (FEIS or FSEIS), if required, has been issued.
(ii) The public hearing shall follow the public notice and hearings procedures set forth in LCC 17.114.060(3)(b) and Chapter 2.25 LCC.
(b) Review Criteria. The examiner shall consider the removal of a development moratorium established pursuant to this chapter when the following criteria are met:
(i) The forest practices conducted on the site meet the standards set forth in WAC Title 222.
(ii) Corrective actions are implemented which would bring the forest practices into compliance with WAC Title 222.
(iii) If critical areas or critical area buffers have been damaged, the examiner may impose increased critical area buffer standards together with additional requirements to mitigate the damage.
(iv) The entire site shall have been reforested in accordance with the requirements set forth in Chapter 222-34 WAC.
(c) Approval.
(i) The hearing examiner shall review all requests for removal of a development moratorium, any comments received, and applicable county regulations or policies, and may inspect the property prior to rendering a decision.
(ii) The hearing examiner may approve an application for a request to remove a development moratorium, 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.
(d) Required Written Findings and Determinations. Removal of a development moratorium may be approved by the examiner if the following findings can be made regarding the proposal and are supported by the record:
(i) The removal of the six-year development moratorium will not be detrimental to the public health, safety, and general welfare.
(ii) The removal of the six-year development moratorium will not be injurious to the property or improvements adjacent to and in the vicinity of the proposal.
(iii) The removal of the six-year development moratorium will not result in significant adverse environmental impacts.
(iv) The removal of the six-year developmental moratorium is consistent with the review criteria in LCC 17.114.080(1)(b).
(v) The removal of the six-year development moratorium is consistent with the goals, objectives, and policies of the comprehensive plan and the provisions of this chapter. [Ord. 1195 § 2, 2007]
17.114.090 Request for single-family dwelling exception.
(1) The administrator may grant an exception to the mandatory six-year development moratorium to allow the construction of one single-family dwelling unit and associated accessory structures pursuant to the following standards:
(a) General Requirements.
(i) The area that is permitted to be developed pursuant to this administrative exception shall not exceed two acres in size;
(ii) Upon approval of a single-family dwelling unit exception, a memorandum of agreement (MOA) shall be recorded with the Lewis County auditor by the landowner which includes a site plan depicting the area of the parcel to be dedicated for the single-family dwelling, yard area, permitted accessory structures, and access road. The MOA shall identify the actions to be taken by the landowner to correct any violations of county ordinances or regulations;
(iii) The development moratorium shall remain in effect for all other non-forestry uses of the site.
(b) Review Criteria. One single-family dwelling, permitted accessory structures, lawn and landscaped area, and access road may be constructed together with site development activities necessary to construct the dwelling on land subject to a development moratorium; provided, that:
(i) The construction of the single-family dwelling, lawn and landscaping area, accessory structures, and access road are in compliance with all applicable county regulations;
(ii) The landowner corrects any violations of critical area and resource lands if any have occurred on the parcel;
(iii) Reforestation of the site has occurred if required pursuant to Chapter 222-34 WAC.
(c) Required Written Findings and Determinations. A single family dwelling unit exception may be approved by the administrator on a site that is subject to a six-year development moratorium, only if of the following written findings can be made regarding the proposal and are supported by the record:
(i) The single-family exception to the six-year development moratorium will not be detrimental to the public health, safety, and general welfare.
(ii) The single-family exception to the six-year development moratorium will not be injurious to the property or improvements adjacent to and in the vicinity of the proposal.
(iii) The single-family exception to the six-year development moratorium will not result in significant adverse environmental impacts.
(iv) The granting of the single-family exception to the six-year development moratorium is consistent with the review criteria in LCC 17.114.090(1)(b).
(v) The single-family exception to the six-year development moratorium is consistent and compatible with the goals, objectives, and policies of the comprehensive plan and the provisions of this chapter. [Ord. 1195 § 2, 2007]
17.114.100 Fees.
Fees for permits, approvals, modifications and appeals under this chapter shall be as set forth in the LCC Title 18 and the Lewis County schedule of fees. The schedule of fees is established by local resolution on file with the board of county commissioners and referenced under LCC Title 18. [Ord. 1195 § 2, 2007]
17.114.110 Reconsideration and appeals.
Procedures for appeal of any administrative decision and procedures for reconsideration or appeal of a hearing examiner decision issued pursuant to this chapter are set forth in Chapter 2.25 LCC. [Ord. 1195 § 2, 2007]