PDFWAC 222-21-030
Documentation and standards.
(1) Forest practices application. Prior to submitting a forestry riparian easement application, the landowner must have an approved forest practices application or an application that was disapproved because of forests and fish rule restrictions.
(2) Forestry riparian easement application. The landowner will provide the following information in a forestry riparian easement application:
(a) County tax parcel numbers of the property in the proposed easement premises;
(b) A list of all forest practices application numbers of approved and/or disapproved forest practices applications;
(c) Date of completed harvest;
(d) The landowner's signature certifying that the landowner meets the criteria of a qualifying small forest landowner and documenting that the landowner is willing to sell or donate such easements to the state; and
(e) Documentation that qualifying timber within or immediately adjacent to, or physically connected to a commercially reasonable harvest area, cannot be harvested because of forests and fish rule restrictions, or is uneconomic to harvest because of forests and fish rule restrictions. See WAC 222-21-032 for additional information about these eligibility criteria.
The small forest landowner office may require additional information from the applicant to process the application and evaluate the eligibility of the proposed easement premises and the landowner.
(3) Baseline documentation. The small forest landowner office will gather baseline documentation that will describe the features and current uses on the proposed forestry riparian easement premises and the qualifying timber. The documentation will include but not be limited to:
(a) A summary of cruise information consistent with the standards and methods in WAC 222-21-040; and
(b) An assessment to determine site condition and potential liabilities associated with the proposed riparian easement premises.
(4) Forestry riparian easement contract. The forestry riparian easement contract will identify the parties, describe the land, locate the easement, state the terms and conditions, and provide a statement of consideration. The contract will include language consistent with RCW 76.13.120 (6) concerning the preservation of all lawful uses of the easement premises by the landowner. The easement will be for a term of 40 years from the date the completed forestry riparian easement application is submitted to and received by the small forest landowner office.
(5) Land description standards.
(a) The forestry riparian easement contract will include a description of the easement premises using a land survey provided by the department unless the cost of securing the survey would be unreasonable in relation to the value of the easement conveyed.
(b) When the small forest landowner office determines a land survey is not required, the department will prepare a written description that suitably and accurately depicts the location of the easement conveyed, or the department may consider other methods, such as producing a map, to accurately describe the easement premises.
[Statutory Authority: RCW 76.09.040. WSR 24-19-012, s 222-21-030, filed 9/5/24, effective 10/6/24; WSR 21-06-020, § 222-21-030, filed 2/22/21, effective 3/25/21. Statutory Authority: RCW 76.090.040 [ 76.09.040], 76.09.370 and 76.13.120. WSR 12-11-106, § 222-21-030, filed 5/22/12, effective 6/22/12. Statutory Authority: RCW 76.09.040. WSR 05-12-119, § 222-21-030, filed 5/31/05, effective 7/1/05. Statutory Authority: RCW 76.09.040, 76.09.370, chapters 76.13 and 34.05 RCW. WSR 03-06-039, § 222-21-030, filed 2/26/03, effective 3/29/03. Statutory Authority: Chapter 34.05 RCW, RCW 76.09.040, [76.09.]050, [76.09.]370, 76.13.120(9). WSR 01-12-042, § 222-21-030, filed 5/30/01, effective 7/1/01.]