Chapter 21.68
FOREST PRACTICE APPROVALS
Sections:
21.68.040 Relationship to Chapter 76.09 RCW.
21.68.090 Forest practices permits.
21.68.100 Forest practices not requiring a permit.
21.68.110 Additional requirements applicable to all applications.
21.68.140 Liability of the city.
21.68.010 Title.
These regulations codified under this chapter shall be known as the “Shelton forest practices ordinance.” (Ord. 1700-0407 § 1 (part), 2007)
21.68.020 Purpose.
This chapter establishes the minimum standards and requirements associated with local government review and jurisdiction over forest practices in accordance with RCW 76.09.240 (Washington State Forest Practices Act). (Ord. 1700-0407 § 1 (part), 2007)
21.68.030 Applicability.
This chapter applies to all lands within the city of Shelton. Requirements of this chapter must be met before the city of Shelton 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; conditional use permit; special use permit; planned unit development; subdivision; short subdivision; forest practice approval pursuant to Chapter 76.09 RCW; or any subsequently adopted permit or required approval not expressly exempted by this chapter. (Ord. 1700-0407 § 1 (part), 2007)
21.68.040 Relationship to Chapter 76.09 RCW.
A. This chapter is directly related to specific subsections in Chapter 76.09 RCW and its rules that require each county and each city to adopt ordinances or promulgate regulations setting standards for those Class IV forest practices regulated by local government.
B. This chapter establishes the minimum standards necessary for local review and approval of Class IV forest practices. (Ord. 1700-0407 § 1 (part), 2007)
21.68.050 Appeals.
Appeal of an administrative decision issued pursuant to this chapter shall be heard by the hearings examiner as set forth in Section 2.36.110. (Ord. 1700-0407 § 1 (part), 2007)
21.68.060 Notification.
A. Notice to Parks. The city shall send to the affected department or agency a copy of any notification or application for forest practices within five hundred feet of the boundary of any public park.
B. Information to DAHP. The city 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.
C. Indian Tribes.
1. The city 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. The city 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. 1700-0407 § 1 (part), 2007)
21.68.070 Fees.
The fees shall be as required by Section 3.01.010. (Ord. 1700-0407 § 1 (part), 2007)
21.68.080 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. The city 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 water types “S,” “F,” “Np,” and “Ns” as defined by the Department of Natural Resources in WAC 222-16-030 and 222-16-031. 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 this title. (Ord. 1700-0407 § 1 (part), 2007)
21.68.090 Forest practices permits.
A. State and Local Approval. Until such time as transfer of jurisdiction for Class IV—General forest practices occurs, the Department of Natural Resources is the permitting agency for Class IV—General forest practice permits. Pursuant to this section, the city of Shelton is designated lead agency for compliance with the State Environmental Policy Act. The city is also permitted to exercise any:
1. Land use planning or zoning authority; 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 Chapter 76.09 RCW. 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 the city’s approval conditions and threshold determination shall be obtained from the Shelton department of community and economic development.
B. Application Filing. Applications for forest practices permits shall be reviewed for completeness in accordance with the city of Shelton’s submittal requirements and pursuant to the city’s development standards.
C. General Requirements.
1. An application for a forest practices permit 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 forest practices permit will not be issued until any pending development permit applications that are associated with the site have been approved.
3. Forest practices shall comply with any conditions of approval established through the associated development permit or approval.
D. Required Findings. A forest practices permit may be issued by the city 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 forest practices permit will not be detrimental to the public health, safety and general welfare;
2. The granting of the proposed forest practices permit will not be injurious to the property or improvements adjacent to and in the vicinity of the proposal;
3. The granting of the proposed forest practices permit will not result in significant adverse environmental impacts;
4. The granting of the proposed forest practices permit is consistent with the general requirements set forth in subsection C of this section;
5. The granting of the proposed forest practices permit is consistent and compatible with the goals, objectives, and policies of the comprehensive plan, appropriate sub-area plan, and the provisions of this chapter.
E. Burden of Proof. The applicant has the burden of proving that the forest practices comply with the provisions of this chapter.
F. Approval Authority.
1. The Shelton department of community and economic development shall review all requests for approvals, any comments received and applicable city regulations or policies, and may inspect the property prior to rendering a decision.
2. The department of community and economic 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. 1700-0407 § 1 (part), 2007)
21.68.100 Forest practices not requiring a permit.
A. 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 permit from the city of Shelton, but must meet the following requirements:
1. 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 Shelton’s critical areas ordinance shall comply with all applicable requirements of Chapter 21.64. (Ord. 1700-0407 § 1 (part), 2007)
21.68.110 Additional requirements applicable to all applications.
A. Site Plans. All forest practices permit 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 Chapter 21.64;
2. Centerline of all proposed roads;
3. Landing areas;
4. Tree retention areas; and
5. Cutting boundaries. (Ord. 1700-0407 § 1 (part), 2007)
21.68.120 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. 1700-0407 § 1 (part), 2007)
21.68.130 Time limitations.
A. Expiration of Approvals.
1. A forest practices permit 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 an associated approval shall extend any forest practices permit. (Ord. 1700-0407 § 1 (part), 2007)
21.68.140 Liability of the city.
Nothing in this chapter shall be deemed to impose any liability upon the city 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. 1700-0407 § 1 (part), 2007)
21.68.150 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. 1700-0407 § 1 (part), 2007)